MAGISTERIAL.

Timaru Herald, Volume XC, Issue 13316, 19 June 1907, Page 5

MAGISTERIAL.

TEMUKA, TUESDAY, JUNE 18th. (Before Mr C. A. Wray, S.NI. THE LICENSING ACT. Patrick Carr, who did not appear, was charged with procuring liquor during the currency of a prohibition order, and also with being diunk and disorderly. Win. Hopkinson was .similarly charged and Thomas Popple-well was charged on two informations with procuring liquor for prohibited pfersons. None ot the accused appeared in person, but Mr W. G. Aspinall appeared for the three, and stilted that they pleaded £ to all charges. Constable Gillespie called .John Ashbv, licensee of the Arowhenuai Hotel, who gave evidence in support of the charge against Carr. H,Ls Worship said he would not be severe ■in this case,- but, a repetition of the offence would be more heavily punished. He imposed a. fine of 2C« o'li each charge, with, costs against. Carr, and Hopkinson, in de-* fault seven clays imprisonment. ill- A.spinall explained that Popplewcll. gave the two last accused drinks from a, bottle of whisky, and this constituted an offence under fije Licensing Act. His Worship imposed a. line'of 20s with costs in one case, and convicted and discharged accused on the other. , THRUATENING LANGUAGE. AleX. Cooper: was prosecuted by E. T. Chapman for using abusive and threatening language to him in rt. public pliiep on April 29th. Mr Alpcr-s for prosecutoi;, Mr Aspinall for defendant. ' Mr Alpers stated the case for complainant who was a. clerk, and at present officer in command of the Teniuka. Rife.' Defendant was a saloon-keeper, and played the violin The Temuka. "Rifles committee decided not to employ defendant foi' their social, and lie blamed complainant for this. On April 29th the latter was talking to others; in ithe main street of' Temuka., when defendant came up commenced abusing him, and offered to fight liim. Complainant refused, and said lie/would) certainly take action in the matter, and then went off on his bicycle. Defendant followed him, and offereq to shake hands and to apologise, but as the offeiice.had been committed in a public place, complainant said he would not accept other than a public, apology. Defendant . promised this but later refused to sign any apology; Complainant gave evidence to this effect and was cross-examined by Mr "Aspinall.He denied having given any provocation whatever. ■' ■ ' D. Pollock and W. H. S. Pullen who were standing by when the altercation began, gave corroborative evidence. Tlio former- stated that defendant afterwards asked, him to interview and get comblainanfc 1o accept an apology, but he declined to do so. Mr Aspinall said defendant denied the charge, and that the case was a trumpedup affanr which should never have been brought unto court. Complainant began it by saying'that both defendant and his people were iio class, and this angered defendant., . , The defendant, gave evideucs corroborating. counsel's statement. He stated that the witness Pollock went to him and demanded an apology, whicli witness refused. Chapman, came to witness and offered to drop the' matersjf witness would hand hum. "a, small sum " Complainant : ulso. told him that he had put the Matter into Mr Asninall's hands on the'day in question. To Mr Alpers—The- witnesses Pollock and Pullen did hot' re)' the truth .•on, all points. Witness- did not ilide a bicycle nor Two witnesses were called* who were standing-'near. and heard the men talking, , heard no abusive' language. . His Worship said iiefendantdeni.d everything but, a, challenge, to light, .the complainant's evidence had been corroborated tliat defendant, did usejsome provoking language. He and as complainant did not wash . charge, would impost a. small fine and costs. ~T V ■; •„ .'oi-o'' CIVIL CASES. Judgment was given for plamLifls by ckfault, with costs against defendant. muka Borough Council (Mr W. *• -P all) v G. Brodrick,- claim £2 10s, rates overdue; D. Enriglit (Mr Alpers) v. E. D Sk?Se £ ScL» s l,lm iMr ' \sninall) \ r - A. Wilson and W. LafW . claim £B, Mr Aspinall having exi • A cisU hist Worship gave judgK tainst, Wilson by default, with coste understanding cation for a rehearing would be granted