MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1342, 20 January 1912, Page 13

MAGISTRATE'S COURT.

(Before Dr.. M'Artiinr, S.M.) 3 1 GANGWAY FOR CARS. - ON A WELLINGTON BO AD, B , ! William Standen, driver of an express, was charged with driving an express in • front of a train-car so as to impede the iot. Ho pleaded not guilty. Mr. E. 3d. " Bopchy appeared for tho corporation, and J ilr. W. Perry for the defendant. J The motorman (— Florence) gave evii dencu to tho effect that, on January 8, ho was driving a tram-oar down Kintoul . Street hill. When on the crest of tho * hill, near Athletic Park, ho saw an ex- ® press ahead, and ho sounded the gong. ® The expressman took no notice of tho " gong, and tho witness Bounded it all tho 11 way to tho bottom of the decline. Tho usual rate of speed down that hill was 7} miles an hour, but ho had to reduce 11 his pace to 3 miles owing to tho impediy rnont causod by the express dnver. There 0 was no other vehicle on tho nul at tho ■ c and Standon had ample room to puil aside. d- Conductor Butt, and John Rose, a resi- ® dent of Island Bay, gave evidence in sup- •' port. Standen's defenoe was 'hat he did rot y "wilfully or negligently" impede the ■t traffic. When he passcdlthe park on tho o way down the hill, he looked ""omul, and a saw no tram coming. He did not hear (no ■8 Ron;.', and when near tho oottoni looked 7 back again, and seeing a oar on the \tav o down, immediately pullod 'iff. His Worship said thiat ho had no hcan tatior in believing the motinaaa and tho ■o oonductor; ho did not think that they 1- would concoct a story of this sort, and ir further, they were backed ud by a h thoroughly independent man. His Word ship could not think what Standon was s- doing, but, to say tho leasts he was nete glectful. y Stand.cn wa3 convicted and jrdored tn pa-/ Court oosts 17b., and witnesses' expenses XI. CHINESE~ISTOR NINE. For employing shop assistants after S o'clock in tho evening, Ah Poy was fined XI; Hop Tai and Co., .£1; Kee Chong and Co., JEI; Sing On Kee and Co., ilj Sing On Tie Mid Co., .£3; Sing Koo and Co., £2;- Wong Some and Co., Jll; Yet Wah and Co., ill; and Wong She, >£3. TAXI DRIVER. A city by-law case brought againsl , George Piunock—that he permitted an un- '• licensed man to act as a taxicab driverwas dismissed, as it was not proved thai while tho car was so driven it was ply. ing for tile carrying of passengers. Mr. Beechy represented the corporation, and Mr. Samuels the defendant. FRUITERER AND CART. William Williams appeared on a charge of the theft of a cart belonging to Denis Sullivan and others. The value placed on the vehicle was JC7. Williams pleaded not guilty. He was represented by Mr. F. H. O'Loary. It was stated by Inspector Ellison thai Williams went along ono Sunday night and was taking tho cart away when. Sullivan discovered him. r Mr. O'Leary contended that, in theft, it must be established that there was intention to permanently deprive tho owner of the property. Tho defendant was a fruiterer at ICilbirnie, whose cart had broken down through an accident on a Thursday. Williams borrowed carts for the Friday and the Saturday, and tried to got ono to do his round nn tho Monday, but could not do so. He could not get his owu cart fixed up in time for Monday, but a neighbour told him. of this cart;, which had .boon standing on a vacant section for a year. He took the cart intending to return it next night. Hjs Worship considered that tho fact that Williams wont for the vehicle late at night showed that lie intended to appropriate tho cart altogothor, \\ illiams was fined -C 2. OTHER CASES. Harakmbus, Nicholas Gallate was finfailing to keep an approved holiday book; anu John Smith wim fined -■£1 for failing to keop a record in the prescribed form of the hours worked by his assistants. A juvenile .was convicted and discharged respecting the theft of a "primus" oil Btovo. • , John Coffey waa fined 17s. 6d. medical expenses on a count of insobriety, and •I'l for being on premises in Ghuzneo Street for the purpose of dealing in liquor. Donald Mathieson, who was fonnd guilty of insobriety and breaking a prohibition order, was sent to liotoroa for twelve months. Geo. Baker was fined ss. for having a horso wandering at large. An old man named Henry Grand, who pleaded guilty to a charge that he was idle and disorderly, was sent to tho Ohiro Home. His Worship remarked that it would be well if Grand could remain in some, such institution, as he did not seem capable of working any more. E. Bengo was ordered to pay Court costs _ 75., and analyst's fee 10s. 6d. respecting a charge of soiling milk containing water, and C. J. Duffy waa similarly dealt with on a charge of adulterating milk. The cases had been held over for a considerable time pending the result of an appeal in a similar caw, and Mr. A. L. Herdman appeared and said that as the appoal had l*cn dismissed a ploa of guilty would be ontored. THE GAT SMILE. In the law reports to-day it may be noticed that a number of Chinese businessmen were fined yesterday for employing shop-assistants after 9 o'clock at night Most of the defendants wero young men employed in tho fruit retailing trade. They smiled broadly during tho hearing, and appeared to regard the proceeding (not the fine) as a grejt joke. They all pleaded guilty, doing so by 6aying a quiet "Yes" and making the most polite of polite bows to the magistrate. Tlie inspector stated that, despite the cases which had been brought against Chinese for like offences quite reccnltly, this broach of the laws was not ccasing. People seeancd to know that, if they left their fruit-j>urchasing till late, they oould get served quickly as there was no rush. The way the Chinese worked it if there did happen to bo a number of people waiting was that a batch of assistants would como from the back of the premises to tho shop, serve th.a customers, and then retire. If required again they reappear, and, when the shop was cleared of buyers, disappear: so on up till 11 o'clock at 11 Most of the defendants were fined £1, but those who had offended previously were deprived of X 3. Those latter were warned that they could bo fined up to jEIO, and that persistence in offence might result in their attaining tho maximum. "You had better not come up again or you might get fined tho full -£10," Dr. 'M'Arthur observed to one batch. "All-i ,• I bo more careful now," the defendant replied with a gay smile. "You had botter, or you'll reach the limit," concluded tho magistrate.