S.M. COURT

Wairarapa Daily Times, 29 September 1937, Page 5

S.M. COURT

SITTING AT MASTERTON. TRAFFIC OFFENCES. Mr H. P. Lawry, S.M., presided at to-day’s sitting of the Masterton Magistrate’s Court, when the following eases were dealt with:— Robert Macfarlane Johnston was charged with having negligently driven a motor truck on the Tinui-Masterton road on 18th July. Mr J. Macfarlane Laing appeared for defendant and entered a plea of guilty. Senior-Sergeant G. A. Doggett, for the Police, stated that defendant was proceeding to Masterton and cut a corner, and struck another car with the rear of his own. He did not stop and continued on to Masterton. The damage was only slight. It was more an error of judgment than negligence. Mr Laing said there might be the inference of a hit and run motorist but he particularly wished to deny that. Just before the impact both cars swerved away from one another. Defendant looked back and saw the other car going on and thought it was a friend. When he arrived at Masterton he saw a slight scratch on his car so on returning to Tinui made inquiries, to find that the other car was not the one he thought. Had defendant known of the impact he would, of course, have stopped. A fine of 10/- and 10/- costs was imposed, the Magistrate stating that t as far as cutting the corner was concerned defendant should have known the danger. He was familiar with the district.

The Borough Traffic Inspector, Mr J. McGregor, proceeded against the Highways Transport Co., Ltd., for having operated a heavy traffic vehicle in Masterton without a heavy traffic licence. Mr Mackenzie Douglas, for the informant, said the charge arose through the regulations which ruled that a licence should be taken’out in the district where a vehicle was garaged. This vehicle had been garaged in Masterton for years and hitherto the licence had been taken out in Masterton. Last quarter defendants had not taken the licence out in Masterton and advised that it had been taken out with the Palmerston North City Council. Defendant stated that all licences had been taken out Avith the Palmerston North City Council, Avith arrangements to refund to the boroughs concerned. Last quarter the fees had eventually been paid by the City Council to Masterton but not until information had been taken out. • ■'' I l.f' { N|'sS The Magistrate: "It is more a question of allocation than anything else. As far as defendant is concerned the fees have been paid.” Mr Douglas: "That is so but it has been done with the knoAvledge that it Avas Avrong to do so. It is the Palmerston North local body Avhicli is blameworthy. ’ ’ The Magistrate: "You are asking me not only to convict defendant but to penalise him?” Defendant Avas convicted and discharged. Timothy Sullivan was fined £1 and costs for having no driver’s license. EdAvard Knott Avas fined £1 and 10s costs for having operated a heavy motor vehicle Avithout a heavy traffic license. Mr I. A. Hart appeared and entered a plea of guilty. For having exceeded the 30 m.p.h. speed limit in the borough of Masterton on 14th August, Robert Walker (Ropata Waaka) Avas fined £1 and costs 15s. FALSE DECLARATIONS. Reginald Leonard Bradley appeared on three charges of obtaining benefits under the Unemployment Act by false declarations. He pleaded guilty. Mr A. H. Eddy, employment officer, stated that defendant had a contract for fencing, for Avhich he Avas paid £ls Os 6d, and during the progress of the contract he continued to draAV sustenance payments amounting to £8 ss. The Magistrate: "What explanation have you got for practically stealing this money?” Defendant said he had made the declaration because he had had such a lot of illness and had got into debt. The Magistrate: "It is no excuse, because you get into debt, to use other people’s money.” Mr Eddy said enquiries revealed that defendant had had a deal of sickness, himself, his Avife and family. How 1 ever, the Department took a very serious vieAV of these false declarations. Defendant, Avho agreed to repay the money as quickly as he could, Avas convicted and ordered to come up for sentence within six months.

CIVIL COURT. Judgment for plaintiff was given by default in the following case:— Henry Elliott v. George J. Heaven, claim £26 6s 3d, costs £4 4s 6d. Frederick Butcher claimed possession of a tenement from Selina Marshall. Mr G. D>. Wilson appeared for defendant and Mr V. E. Burridge for plaintiff. After hearing evidence the Magistrate stated that there were exceptional circumstances of hardship as far as defendant was concerned, and be could not see his way to make an order for possession immediately. He would adjourn the application for six weeks. JUDGMENT SUMMONS. The W.F.C.A., Ltd;., claimed £23 16s 2d from T. Harris. There was no appearance of defendant, and an order was made for payment forthwith, with costs, in default three weeks* imprisonment.