RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1927, 8 March 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. * (Before H. Goldsmith and E. W. Puckey Eiqs. J.s'P.) DBUNKENNESS. Frank Maraville was charged, with having been drunk and incapable in Golden Crown street, Shortland, on the 6th instant. Defendant was on bail, and not appearing, forfeited the amount. Martin Glynn was charged with haying been drunk and incapailein Brown street Grahamstown, on the 7th instant. He pleaded guilty, and was fined in the usual amount. . .. BBEACH OF THE PUBLIC HEALTH ACT. Charles F. Lethbridge was charged with having committed a breach of the Public Health Act, 1872; by neglecting to transmit the certificate/ within the prescribed time of the 1 successful raceination of Catherine Mcllhone. Mr Tyler for defendant. Mr E. J^ Power, \ Vaccination Iwspector, applied to prosecute, and stated that the case had been adjourned, as it had been brought against the wrong party, namely, Hugh Mcllhone. The charge was brought under the 109 th section of the Act.

Hugh Mcllhone deposed—l am the father of Catherine Mcllhone. I hare a recollection of receiving a notice to hare, my child vaccinated. I sent the child to be vaccinated. I received a certificate of successful vaccination. I can't remember the date. I told mj servant to take the child. It is more than tiro months. I don't think the child was taken for inspection. I received the certificate after the issue of the summons against myself. I asked for it subsequent to receiving the summons because 1 only then began to understand that it was necessary. Mr Tyler submitted that the proceedings in the case of Mr Power against Mr Mcllhone could not be taken as evidence in the case against Dr Lethbridge. Mr Power considered he had a perfect right to refer to that evidence, as, in his opinion, it affected the present case materially. The witness had:, already said that he had received a certificate of successful vaccination. He (Mr Power) had not received it. * Ms Tyler objected to any evidence^.' about the certificate unless the document^ was produced. Mr Power asked the Bench to refer to, the minutes of the case against Mcllhone, relative to this certificate. The Bench replied that it was necessary the document should be produced to be taken as evidence. The best evidence must be given. Mr Power said he had given the belt evidence he could; •.-,.' „ Mr Tyler said in that case he should ask their Worships to dismiss the case. (Some side remarks past between Mr Power and Mr Tyler, the latter informing the former that he should have got somebody to conduct his case who was capable of doing so.) The Bench decided that the proceedings in the former case could not be taken as evidence in this.

Mr Power then got into the box to prove the non-receipt of the certificate. Mr Tyler^ asked for the production of Mr Power's appointment, which the latter stated was gazetted. Mr Power thereupon handed in the Gazettes proclaiming the constitution of the district and the appointment of Mr Power as Vaccination Inspector. He also desired to put in a letter from the .Registrar-General notifying the due appointment of Chas. Lethbridg* as Public Vaccinator. Mr Tyler objected to the latter document being put in evidence. ' .- The Gazette proclaiming the place to which children are to be taken was put in, but the name of the Public Vaccinator did not appear therein. Mr Power handed the Bonch the letter

fronr tne Regis^r-deneral referring to Dr Lethbridge. The Bench decided that they could not rec^e the document, ai it was not sufment evidence. jfl* Bench: Has the vaccination ever occwedataU. ' MJftoweT: I can prove by my books that it has not. Mr Tyler:. Then you've, got no case at all. * The Bench;: After that admission you can go no further. . ■ Mr Power: Will your Worships adjourn the case* The Bench: It is too late. , Mr Tyler asked for costs. Mr } ower contended that costs should not be laid against him as a public officer. Mr Tyler said Mr Power received costs, and he could see no reason why they should not be given against him, especially when he took up the position of a public persecutor. He came into Court withput a tittle of evidence to support his case. Mr Power hoped that the remarks of Mr Tyler would have no weight, as it would appear that he (Mr Power) was harrassing the public, while lie was simpiy carrying out the act, . Theßench dismissed the«ase. _ Mr Tyler said he r^gretta^ that^jKr Power was not better up in what he :*fcs paid to carry out. He displayed a total unacquaintance with the- act; and he did not see why the public should be brought up to Court by a person who did not know his,business. . Mr Tyler made the costs out at two fuineas, allowing one guinea costs to efendant. .The latter item was not illow«d, however, and the costs were set down atone guinea; ' o „ * ,' Mr Mcllhone asked for his costs. Mrißiwer informed him that he might look to him for them. John Brown was charged with a breach Of the Public Health Act, by neglecting to procure the successful vaccination of John Joseph Brown. This case had |l*b been adjourned till fee arrival of Dr Lethbridge from %setoria, on account of a doubt as to i&osepla& it was to transmit the certifi- j ©ate— the father of the child, or the Public "Vaceiriator. "•. -;.■■; "v.-:" ■-..■?; "■■". ,■-:.;.:; ';' Mr Power stated that the case had been heard before Captain Fraser, and asked the fiencli to refer to the note-book. The(Clerk prod^icedi.two certificates which Jbad been impounded by him on this and the following case being adjourned. The Bench on referring to the minute book of the Court, said there was no j|pcord of this case, and Mr Power would lMive to prove his case de novo. Mr Tyler here said he had just been instructed to appear for defendant, aad in thp first place took objection to the information in which three offences were , diiclosed instead of one. ■■ . . j| r p ower 3a id tliat had already been «r<ru»d wben the-ease was heard before. The Bcneh: The case has not been ireued before us, and we cannot adjudi--cate upon that of which we know nothing. \ Mrroirtr said he wouli amend the information and make the offence that defendant had neglected to forward the certificate of successful vaccination. [Mr Power essayed to draw up an information, but Mr Tyler objected to the first from as incomplete, and to the second as disclosing more than one offence. Considerable time was. thus spent, the affair seeming to become more complicated at •tehstep.3 . ■■ . , ■ . The case was at length dismissed and 15s cpsti allowed. AND YET ANOTHEE. John Hendy was charged with having been guilty of committing a similar breach of the law. . . The information in this case was also bad, and the same difficulties therefore occurring, the case was diimissed with costs, 15s. The Court then adjourned.

■" A good way to restore a man apparently drowned," says one who has tried it, "is, to first dry him thoroughly inside and out, and then clap a speaking, trumpet to his ear and inform him tnat h^-mother-in-law is dead." , young lady being asked by a rich bachelor, "If not yourself, who would you rather be?" replied sweetly and modestly, "Sours truly." _____