MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume LVIII, Issue 9069, 15 May 1908, Page 5

MAGISTRATE'S COURT.

MASTERTON—FRIDAY. (Before Mr W. P. James, S.M.) ASSAULT. \lbert Edward Jones was charged 'with having on May 14th assaulted nis brother, Charles Jones. Sergeant Miller said from what ho heard he visited Jones' house, and found Charles Jones bleeding from a wound in the head, which he said had beeu inflicted by his brother with a large piece of wood, exhibited in Court. Mr P. L. Holliugs, who appeared for the accused, pleaded guilty, but submitted that there was sufficient provocation for the oft'euce, as accused had beeu called au obsoone name. Tho brother was a source of auuoyauoe to the household, and tho accused was a hard-working and respectable member of the family. Counsel suggested that accused should be bound over to keep the peace for twelve mouths. Tho Magistrate said accused should learn to control his temper, aud not take matters into his own bauds. He would bo fined 40s and costs, aud bound over to keep tho peaco for six mouths. VAGRANCY. Thomas Lyuch was charged with being an idle and disorderly person, having insufficient lawful means of support. Coustabto Kyle said the accused came to Mastertou from Cartertou ou 18th iust., aud was loitering abont Masterton. He stole a pair of boots from Peterson's shop, aud had sold them. The boots had not beeu recovered.

The Magistrate classed the aocusetl as the kind of mail that prevented the outflow of charity, and after severely reprimanding him, seutenced him to one mouth's imprisoumeut, with hard labour. A BURNING FLUE. Julia Cotter, who did not appear, was charged with allowing her chimney in Oxford House to bocomo foul and take fire last Sunday. A line of 5s with 7s costs was imposed. LEAVING HORSES UNATTENDED John Boxhall aud William Igguldeu pleaded guilty to charges of leaving their horses unattended, aud being at such a distance as to be unable to control them. Both wore fined ss, with costs 7s. A RAILWAY CASE. Picas of not guilty were entered by William Wallace, who was charged with breaches of the railway by-laws, on April Isrd, by failiug to comply wit!, the directions on the notice board before crossiug the railway line on Liucolu-road, aud by driving a horse attached to a dray across the level crossiug while the train was visible half a mile along the line.

Defendant pleaded uot guilty, aud was represented by Mr B. J. Dolau. Albert Hill, engine-driver, said lie was driving the 1.10 p.m. train to Mastertou on April 3rd, when he saw a man driving a earo in the directiou of the railway live. Witness sounded the whistle but no notice was takeu of it by the driver of the cart. The engine, which was travelling at the rate of twelve miles an hour, struck the horse aud killed it.

By Mr Dolau: Witness svhistled three times, once in the cutting, ouce ou the bridge, aud again when the engine struck the horse. He saw the horse aud dray when the train was on the bridge aud could have pulled up if lie had known that the driver on the cart was going to cross the line. Witness d:;i:vd that; the train was comiug in ahead of its proper time. Evidence was also given by Michael Diggins. George Olliver, an employe of Dauiell's factory, remembei.ed ou 3rd of April hearing the train go past. It whistled at the same time as Dauiell's whistle at oue o'clock. Wituess did not see the accident.

William Jolm Welliugtou, labourer, employed by C. E. Dauiell, stated that the train did uofc usually como down the iueliue very rapidly, but ou tlie day iv questiou it did. Evidence for the defeuce showed that the crossing was proverbially dangerous.

Frank Hole said the crossing was a very unsafe one. Wituess had almost met with an accident on one occasion.

Walter Whittaker had had a trap broken through a railway collision. There was not a clear view of tne line from the western side of Levin's store.

James Macara stated that he considered the level crossing dangerous.

His Worship said lie would dismiss the first charge, as it was impossible for anyone travelling along the road to see the train half-a-mile away. Regardiug the other charge, it was quite necessary that people iv vehicles should stop aud look out to see that there are no trains approaching. A reasonable amount of caution should be exercised. Deteudant would be fined 5s aud costs l(!s. INSULTING LANGUAGE. Arthur Joues was charged with haviug used iusultiug language iv a public place. Defendant pleaded uofc guilfy, aud was defeuded by Mr C. A. Powuall.

Sergeant Miller gave details of offensive language used by defendaut to one Eli Smith, aud subsequently to the police. Evideuce was given by Mr Smith aud Constables Kyle and Doyle.

Mr .rownail submitted that the language was not proper, but was not calculated to provoke a breach of the peace, as he was running away. His Worship ordered defendant to come up for soutence when called upon, and remarked that if he did not behave himself he would be bound over to keep the peace.

Mary Ellers was charged with having used insulting language within hearing of passers-by.

Ihaia Whakaurairn was charged with having used insulting language in a public place.

Mr R. K. Jackson appeared for both defendants, and admitted the words used. The male defendant, in a dispute, had forgotten himself and used the words to the other. She had merely returned them. The lauguage was the outcome of a family squabble).

Each defendant was fiued 20s, with costs 7s, iv default seven days' imprisonment. BREACH OF PROHIBITION ORDER. James B. Vallauce was charged with having been found on licensed premises during the currency of a prohibition order. Mr Pownall entered a plea of guilty, but as the defendant was ill with consumption at Worser Bay he could not appear. He had come in from Kahumingi, and, feeling unwell, had gone into the Occidental Hotel for some brandy aud milk.

The police stated that defendant had been ill as the result of alcoholism.

Fined 40s and costs 7s. [left sitting.]