MAGISTERIAL

Timaru Herald, Volume XIC, Issue 13444, 16 November 1907, Page 7

MAGISTERIAL

TIMARU—NOVEMBER 15th, 1907,

(Before" Mr C. A,. Wray," S.M.)

BY-/LAW CASES,

-. John Mitchell .was.,charged" with., driving a motor, ear .over the '.'intersection 1 of titaiford and George. St'reels at .a'-speed greater than that of a walking- pace. Defendant did not. appear but' had. told the police that .he .'knew he was travelling .at more than four niiles an hour, but did not know he was breaking the by'-.aw.. Constable Smith said .deiendant was driving at,fully eight miles an"hpxif. Defendant was fined and costs.- ~'.-■"'

Frederick Leah, for riding a cycle without lights after sunset was fined 1Q& and coists, this being his second oWerice-lately^ Wml Swanson, for driving a. horse and gig in Stafford' S.reet without lights was lined 5s and costs. :'■'■':-:',' :...':. UASE DISMISSED. .

Arthur Davey was \charged . with having in such a manner as to :provoke a breach of the peace. He pleaded not guilty. ■ RobeH. McKnight, carrier, stated -that on the Blh November. defendauD was on thi station road and a passenger for hire. Witness told defendant he had no jight to hail a passenger as defendant was not licensed, and defendant then strong language to witness artd,threate<ned .0 fight him. The satioiirwister saw ths affair and said lie would, lay an information.

L'. Harrison, another carrkr,' stated that he heard nothing said, but saw. defendant give McKnigh; a push. A. Graham, stationhia'ster,' : said he heard the conversation between accused and McKnight, and as the language was_ offer.Giye r ße' 6Tderea • off- the tion. The affair happened, oh the platfoi'm and witness understood it was caused by defendant .plying' for -hire, without 'a license. ■.■'- '■ '' '.-,.'-'/. '.'.-■

A. Davey, defendant,. said : a person on the -platfoini engaged him to. carry luggage. ' McKnight said- something-,and witness told him not to insult..his/ customers again. Witness denied"using the offensive language complained of, He went on to the platform afier-receiving the customer's luggage and ; spoke to McKnight, as this -was the- third' time McKnight had tried to make a fo\F:., '■ George Foothead said he ejigage'd defendant to carry some luggage McKnight said to Davey he would "'put. him .up" for -plying without a license. .; Witness did hot hear.any offensive language/" . .His Worship said that 'defendant had evidently behaved in: ah offensive manner but he was provoked. As the.alleged bad language had not been proved, defendant would be . cau.ioned and disoiissed.: BREACH OF THE PEACE.

J. Best and D. Houlihan' iyere charged with committing a breach df the peace in Stafford Street on * the . evening of the Bth; -"'•' ' . .-.

Mr Emslie ap2>eared for Best, who pleaded not guilty. Houlihan was unrepresented ana pleaded similarly. -John King said that on the night in question he staw Best and walked home with him.. When by Jackson's yards, Houlihan crossed over the street and asked to speak to Best. Witnefs walked\on buc came back; again. .on, hearing Best call out- to him, and separated the two, who were apparently, fighting.-The. defendants then went ino a right-of-way-where a fight took.place. '-.'■ A policeman came up and stopped..the row. Defendants were both sober./";- /•'.,. '.;'//■ Mr Emslie: Had Houlihan hot come across the street arid spoken to- B«rst there would have been no row.- • / : Constable Smith said that he was drawn to the ccene of '.the disturbance by the sound of breaking glass. He met Mr King, who informed bim that the disturbance was down, in a. rightrof-way. Went there and found Best lying on the ground. Best, who complained of being assaulted, had previously spoken/ to witnear, and was not under .the influence of drink. ;■■■ Mr Emslie submi.ted that it was evi-dent-that Best wr.s -assaulted, for Houlihan had followed him as far as Jackson's yards, and courcel asked that the charge against Best- be dismissed. His Woiship desired to h;ar the evidence of the defendant; .

The defendant, Best said that on the Bth he first -met Houlihan in a hotel, where they had an argument. Houlihan's nearest way home was through the Arcade, but he followed to the south end of the town, when Houlihan took a bottle from, him; and attemn'ed to strike with it. Witness fell, and then Houlihan kicked and scratched .witness. Houlihan ran off when some of Roger's men came on the scene. The bot-.le was broken , witness thought by being thrown at him. Witness said no provocation had been given bv him. The other defendant, Houlihan, made a statement that Best had provoked' a quarrel in a hotel, and had struck witness, who did not retaliate. Witness followed Best home and seized the bottle, fearing he would be s'ruck with it. He denied kicking Best but admitted hit-tine 1 him. Best, recalled, said that Houlihan. had struck him in the hotel, and witness, in self defence, struck back.

His Worship said he was satisfied from the evidence that, at the time of the assault mentioned in the charge there was no provocation, given by Bes\ He did not credit -Houlihan's account of the affair, and thought it was quite clear that Best had been arGaulted. Best would be discharged, and Houlihan fined 40s and' costs, in default 14 days' imprisonment.

CIVIL.CASE

■ Evidence'was; taken: ih ; " a .civil; case - to be..heard' next; Wednesday;, wherein: Clark and • Gould; •painters,' sued,■Measi'.s Young, liotelkfeepv ,1 V :: ' & fV : 'F'iiJrl'e> : .'a^ c V>;'Fbdeii,vl>uil-' der, ■' for; the sunis ;■ of. £35 '.and.,£s;. 15s, Which, were extras .oyer .and :,abpve'-.'their' contract for" painting: ; in : ..QOnnectioh.witih certain •■ alterations to ■ a hotel •at vFairlie.. '■••.'■'■ ; -'< ' \ ''.". ;■; ; : ; ''"'...'

'■• Mr Shaw appeared;for Clark and Gould, Mr Walter Raymond, for. the'., defendant, Young, and Mr Perry for Foden.' It was'stated that Foden, who was the contractor and had sub-let the painting to Clark and: Gould, hadasked : plaintiffe to 2 )l *«P ar * < in estimate for additional work, which amounted t0".'£.40.15s in all. Young denied liability for this amount, and plaintiffs, not knowing from whom ■they should .claim the amount coupled the two together as defendants. . The evidence of...Frank .'.j&. Lamb was taken, ar>. he- is leaving for Wellington before the case comes on;, tor hearing. He stated that,, an an architect, he • had been instructed to draw :' plans and call for tenders for certain ..alterations to Young's hotel at Fairlie.-. Foden secured the contract and sub-let; jthe painting to Clark and Gould. Witness' evidence went to show that Young, .had ordered the extras, which were in dispute.

, His Worship remarked -that this ca r .e might easily:'have been .'Settled out .of Court, but the solicitors .engaged in the case said that an attempt, to. settle the dispute, lasting over eight- months, had been without result. . The '..object of the present case was to fix the'responsibility for payment for tlie "extras'.!;