MAGISTRATE’S COURT

Timaru Herald, Volume XCVIII, Issue 170576, 5 August 1921, Page 4

MAGISTRATE’S COURT

TIMARU.. THURSDAY, AUGUST i. (Before Mr K. D. Mosley, SAL) LICENSING LA W. For being on licensed premises after hours, G. Baldwin and W. Harris were lined 20s and costs. Leonard Fair-brother, charged with being on licensed premises while under a prohibition order, this being the second offence, was titled £8 and costs. MAINTENA NC K OR DHR 8. C. V. Atkins, who did not appear, on the coinplaint of his, wife that' he was £lB in arrears under a .maintenance order, was sentenced to two months’ imprisonment with hard labour, to be released on payment of the arrears. Oil a similar complaint (Mr Campbell for complainant) .Jeremiah Flynn was similarly dealt with, and solicitor’s fee (£2 2s) to be paid also. PETTY THEFTS. George Potts (17) and J. R. Wham (19) pleaded guilty to a charge of stealing some fittings ol a motor cycle, the property of L. N. Ward, value £1 2s 6d. .Senior Sergeant Fahey seated that complainant attended a social at Fairview, and when lie went to get his motor cycle some parts were missing, and lie had to push the machine home. The accused, when seen about the matter. admitted that they took the filings off and throw them'into a gorse hedge. They had been searched for and were not found. ‘ In reply to his Worship Potts said they did it to cause Ward a little inconvenience. Potts, who had been before the Court previously, was fined £8 and costs, in default 14 days’ imprisonment, ami Wham was convicted and placed on probation for three months, costs (18s 6d) to be paid. Potts undertook to pay £2 at once and the remainder by September 1. BY-LAW CASES. John Waddell, for leaving a motor car standing on the street without light by nignt, was fined 20s and costs; and Frank Rasmussen was fined 10s for a similar offence. Neither of these defendants appeared. Mr Campbell appeared for Walter Engl is, similarly charged/and explained that his client left his car outside the Hydro while he went in to change his raiment, not expecting to be more than a few minutes. The manager of the Hydro, noticing that the lights were not \ori, switched them on, but not before the polico witness bad seen the car. With the street lights full on there was no danger to the public. , His Worship said lie frequently passed the Hydro at night, and the by-law seemed to be more honoured in the breach tlinn in the observance at that spot. There was the by-law, and it must bo obsorved. If it was too oner- ' oils or unreasonable representations should bo mado to the local authority to alter.it, but whilst it stood it must be observed. This defendant was fined 10s only a month ago for a similar offence. Ho was fined 20s and costs.

CRUELTY TO ANIMALS. Goorge Kelland, farmer, R.osewill, pleaded guilty to cruelty to five horses by working them with sore shoulders, and Charles Kdlin, his employee, similarly churged in respect ot live of the horses, also pleaded guilty. Both defendants are young men. Senior-Sergeant Fahey stated that on July 12 a constable accompanied Mr Gliddou, inspector for the S.P.C.A., to Kelland's farm, and found Kelland working four horses and his employee Edliu live, and all the horses were in very low condition, and their shoulders ■ in a shocking state from sores, some of which measured 6 by 4 inches, 5 by 4, and 8 by 8. The collars were hard with blood and hair, and did not appear to have been cleaned for a long time. The backs of some of them were also in bad condition with open sores. When asked how the horses came to be in such a condition Kelland said lie had to cultivate over 200 acres, and the horses had not had a, spell since harsest. The inspector ordered him to take the horses from work and get a r vet. to attend to them, and this was 1 dofie.

Inspector Gliddon gave evidence to the above effect, adding further details. In one case the abrasions were three inches longer on one side than the , other, whcili made the pull on the collar unequal. The collars were in a dreadful condition. Ho had since visited the farm, and under treatment the horf'cs wore improving, four of thorn might bo fit for work again in a week ; the o tlu-.r five must spell for three or /tour weeks. in reply to the Bench ICelland said j lie had had very little experience witii horses. This was his first year on a farm, as lie hud been in the hill country. He got some stuff to put on the shoulders twice a day, and the shoulders w-ere not like that all the time. He was ploughing land that was very hard. Lie could not keep the shoulders right, as he was inexperienced. Edlin stated that he had only had two or three years experience, it was the first time lie had worked horses like that.* He asked his employer for stuff to cure them, and he scraped the collars, and put stuffing on them. That was all they could do. His Worship said they ought to have known better. According to tlio evidence it w r as one of the worst cases of tho kind he had had before him, and he was not sure that it was not a case for which they ought to be sent to gaol. They did not seem to have had the slightest consideration for the animals they W'ero using. His fined ICelland £lO and costs 16s or one month with hard labour, nnd Kell in £3 and costs 12s or 14 days. The lines were paid. BREACH OF MINES ACT.

The case against the proprietor or tho Chamberlain coal mine, alleging »■ number of different breaches of duty under the Coal Mines Act Regulations, to which the death of an employee was attributed, was called on. Air J. W. White appeared for the Alines .Department, an officer of which was present, and Air Campbell appeared for the defendant, who pleaded not guilty. Air White said ho had la-on given to understand that tho facts wore all to lie admitted, therefore ho had told his witnesses they need not attend, He had also learned that that wus not quite so, nnd unla.'Sß the facts were admitted ji@ w'as not prepared 1o go on with flu* case that day tutd must u«k for an tuU journnient, Air Campbell did not object ft* an adjournment, and this was made for August 80. In tho coupso nr Mine remarks Mr Cannibal! quoted from a judgment on a mining ppse in f-)t* Clnaetto Haw Beports, n pofi, in which the Court roundly condemned file drafting of the regulations under the Act. His client \ya» not prepared to admit that tho m« iivas unsafe itfc 10 a.m. on the date in fpiestiujj. Oil the conicarv bo believed it was safe. Ai r White: ije ordered the man away because it was not safe. Air Campbell said there were some statements made at .the _inquest which ! y-ould not be admissible in evidc.net? at | a. criminal trial.