MAGISTERIAL.

Timaru Herald, Volume XC, Issue 13289, 18 May 1907, Page 2

MAGISTERIAL.

TBLARU -FRIDAY, MAY 17th

(Before Mfssrs. M. Jonas and ]•' Smith. J.lVs.l

BREACH OF THE RAILWAY REGULATIONS.

James Woods, who did not appear, but sent, a letter admitting his offence, was charged with travelling on the railway without having paid.his fare. Sub-inspec-tor Green said that the; proceeding:; had been instituted by the Railway Department-. Accused got on the- north express at Timaru, on- Apiil 19th without a ticket. When the late was duimnded. accused paid. it. The guard on the express in question said that shortly after leaving Tiniaiu on April 19th. he noticed that I here was someone in a lavatory, and several minutes later, was : till there. Witness had his work to look after, and, in order to get ths person'? ticket-, told his assistant to wait and see who came out- of the lavatory. At the end of twenty minutes witness's assistant saw accused come out, and found that hrt had no ticket. This wa« reported to witness, who got hold of accused, and took l)iar into the s:ationmasler's office at Teinuka. 1 here accused offered to pay his fare- to Orari, and witness collected it. Besides the waste of his assistant.'--: time, the tram was delayed five minutes at Tern uka.

In reply to the- Bench .witness said his expenses amounted to 275, as he wa-'j losing two days' work. The Department paid bis wages, and he did not have to pay his railway fare from Christchurch, but the Department expected that- the expenses incurred would be refunded. The Bench imposed a fine of 20s, with half witness's expenses. BREACH OF THE PEACE.

Harry Kilgour and George Jones were charged with creating a breach of the peac?- by fighting in Woollcombe S-Ureet. Mr W. ShaW appeared on behalf of Jones, and said that, his client had never before been in court on. any other charge whatever. Both accused were under the influence of liquor at the timee, and were really incapable of fighting. A few blows were exchanged, and had the crowd not urged thun.on. (here- would probably have been no breach of the peace. The Bench said they would tieat both accused alike, and would fine them £1 each.

George Jones was then charged' with breaking a pane of glass of a value of £l4, the property of J. C.'ullraann. Accused pleaded not guilty, and Mr Shaw appeared on his behalf. Sub-inspe- tor Green mid that this case was th? result of the fighting for which accused had just bean fined. He called

J. Cullmarm, who said he was a bootmaker in Stafford Street, and on May sth discovered his window broken. It was intact at 9.30 on Saturday night. He i'iiderstood the value of the glass was £l2. On Sunday morning he found a piece of of bottle in front of the* window. To Mr Shaw: Did not so? Joncv. on Saturday night,- and there was nothing by which he could connect'accured with th 3 . b-eaking of the window. J. T. Jarvis said he was returning home through Stafford Street, with his wife at aboui 10.15 on Saturday niglit. While near Culhr.ann's thop, a bottle was thrown past and in front of him, the bottle breaking on th? path. Thsre was a man on the road, but witness was not able to identify him. To Mr Shaw • He was sure the bottle hii arid wns broken on the footpath. A niece may have rebounded and broken the window, but he could not .say whether it did or whether such a thing was possible.

H.-'ii-v Kilgour said he was in Timaru on April 4th. Until having a " row'- with accused, .he had never sesn him before. On coming out of the Shamrock Hotel, a few minutes after 10 o'clock on the night in question, he heard someone say " how's your chance-" and witness started to run. Accused threw a 'bottle at him, and he heard it go crash behind him. He could •ay whether it was merely the breaking of the bottle or of something else. Witn&ss did not- stop running, but afterwards returned and met accused, who offered to fight him. Wtiness said he did not want to fight, but accused hit him, and witness asked him to "come round to the back and have it out." They then went into Woollcombe Street. To Mr Shaw: He could not say whether it was possible for a bottle thrown from near the. Shamrock Hotel to break a window about 120 yard; away. Witness had not met accused in Christ church.

Detective Fitzgerald said he arrer.ted the accused who admitted that- he was the aggressor in the assault, but did hot admit that hj? threw any bottle. This was the case for the prosecution.

Mr Shaw said there was no case to defend, as there way not a tittle of evidence to show that accused had committed the offence. He called Accused Jor.es, who said he' was in Timaru on April 4th, and had previously met Kilgour in Christchurch. There had been a disturbance between them at Christchurglu -md witness recognised Kilgour on May 4th, and went after him to " have it out." He did not get a bottle at the hotel, nor did he throw any bottle. . A friend named Hessel was with him all the evening. At the time, witness was not in a condition to throw anything. George .L. Hessel said he was with accused all evening. Witness and accused were in the? Shamrock Hotel for some considerable time, and Kilgour was also there. On coming.out- of the hotel. Jones said something to Kilgour, who started to run. Accused and witness were just in front of the Shamrock Hotel, when they heard something break some distance down the street.. Jones had no bottle, and did not throw anything. He was not capable of throwing anything.

Mr Shaw said tbxie had not been sufficient evidence, submitted in the prosecution to warrant a. conviction. '!he evidence of the witness He:vel was sul.Lcient to acquit Jones.

The Bench said that though they had their own ideas as to accused's" part in the affair, they.did not consider that the tvidence proved accused's guilt, arid would accordingly dismiss the information. THE FIREARMS ACT. Roland Westropp, employed by Mr D. J. Caldwell, was charged under an act. pns-ed last year, with selling a lneaim to a boy under 16 years of age. Sub-in-spector Green said th* offeree was probably committed in ignorance of the law; he did not know of any other prosecution of a similar nature in the colony. According to the Act, any gun of n. >mal!;r csdibre than .303, whether tired by powder, spiings. or air. was dt fined as a "firearm." Anyone selling such "firearm" co a boy under 16 year-- of age, was liable In a fine, oj £lO, while a boy having a gun in his- possession was liable to a- similar penalty. The gun in question -was ;ui air-gun. Accused pleaded guilty. Ihe Bench said that as this wa.- the first case under the Act. ihev would inflict a fine- of 5« onlv. ALLEGED FALSE PRETENCES. ' J. W. Cooper was charged with obtaining goods to the value of £l7 Is 9d. by false pretences at Christchurch. Sub-in-spector Green a«ked for a remand to Christchurch, and this was granted.