MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2138, 2 May 1914, Page 14

MAGISTRATE'S COURT

RUSTY MILK CANS

HARDSHIPS ON MILK FARMERS,

CASES DISMISSED

i'hree cases of considerable interest to the milk farmers were heard before Mr. D. CJ. A. Cooper in tho Magistrate's Court yesterday morning. William D. Braid. A. J. Alexander, and Frederick A. Clifford were charged with using milk-cans with rusty or rough surfaces for carrying milk for sale. Mr. W. H. D. Bell appeared on behalf of the defendants. In addressing the Court after, evidence for the prosecution had been called, counsel for the defence explained that he had been instructed to appear for defendants, so that lie might bring under the notice of the Railway Department a number of grievances that shippers of milk had in connection with its railage to Wellington. The railway regulations wero quite unsuitable. Ihcy had been in force for some thirty years, and, during recent years, conditions had changed. The absence of a clcaring-houso made conditions such that milk vendors wero not always able to return their cans on the same day. The Railway Department was not 'always able to provide accommodation for the return of cans, and, besides that, tho Department would' n6t accept any responsibility for-the over-carriage of the cans: . The regulations made it incumbent on farmers to .• remove their cans, but it was quite (impossible to carry this, out, owing to the limited station stops. What was the result? The cans were thrown out of the trains, and sometimes damaged, while, at other times (through being thrown off at the wrong stations by railway officials) they were left lying on soino platform for days. In consequence of all this dairy farmers were put to considerable expense for repairs to cans, though the Department acceptcd no responsibility, and gave no redress. Mr. Bell submitted that, under theso circumstances, it was quite unfair to prosecute fanners for consigning their milk in dented cans. Much of the difficulty would bo overcome, added Mr. Bell, if a clearing-house were ercctcd, in: Wei-' lington. With such a clearing-house, the authorities would bo ablo to make proper representations to the Department. and so have steps taken for the return of cans to the suppliers.. The real object why dairy farmers asked him to appear for them that day was that, under present railway conditions, it was impossible to comply with the health regulations. In, the present cases tho prosecution had oiily established that the names of the three defendants were on tho cans seized, ,and it had been admitted by ono of tho Department's witnesses that farmers very often used each others cans. The Magistrate remarked that, on the evidence, lie could not convict, and accordingly dismissed tho informations. A number of other similar cases were then withdrawn.

STORM IN TUI STREET. May Gibbon,; a rather deterniined.looking young woman, appeared to answer an assorted array of charges. Tlio charges were:—(l) Drunkenness; (2) theft of a pair of curtains, valued at 10s., the property of Margaret'Webb ; (3) theft of a flower-stancl pot and plant, valued at 16s, 6d., the property of Rupert Victor Perrett; (4) damaging four pictures, ono mirror, and a quantity of flowers, valued at 16s. 6d., the property of R. V. Perrett; (5) using insulting language; and (6) damaging four panes of glass, valued at 125., tho property of R. V. Perrott.

Margaret Wobb, of Tui Street, at whoso dwelling accused directed some of her attentions, related how accused had torn, the curtaiiiß from her window, broken her flower-pot, ripped up the garden, and committed other unladylike acts.

When accused was given the usual opportunity of interrogating the witness, both took full opportunity of tho occasion, and entertained the Court accord-' ingly. /

"You threw stones through the window," said the witness, in answer to one question.

Accused (emphatically): I never threw any stones, I only threw small bits of brick.

Witness (in quick return): Yes; you threw small hits of brick at tho house. One of them hit me.

Accused (deliberately): Isabella Swanson asked me to come over to your house for a flat-iron, and a washboard

ihe Magistrate here interrupted tho elaboration of these details, and asked Reused what she had to say about tearing down the curtains.

Accused: I did tear down tho curtains, and carried them across the road.' I was told to do it, and I done it. llupert Victor Perrett, also a resident of Tui Street, gave a graphic and breathless account of accused's misdoings. Witness dealt with the caso ■ili a statistical manner, "I counted, I think, forty stones that she throw in the room, and, when sho was finished, she put her head and shoulders through tho window." Witness then rapidly assessed the damage done, and left tlio box.

Sub-Inspector Sheehan remarked that accused was really a dangor to the public. She was a pest, and was very frequently before the Court. He suggested that the best thing to do would bo to send her away for a considerable time.

The following sentences were then meted out to tho troublesome lady*.— A fine of 205.. for drunkenness. On each of the third, and fourth charges she was sentenced to one week's imprisonment, the sentences to bo concurrent. , The charge of insulting language brought down on her a line of £3, or one nicnth's imprisonment, and, 011 the sixth charge, sho was sentenced to seven days' imprisonment. The last two were concurrent. 111 tho cases where damage was done, accused was given tho option to pay such damage.

, THE OTHER MAN'S WAGES. A youth named Frederick William Avery, or Avori, a wharf labourer by occupation, appeared to answer a charge of theft of V2s. Bd. from William Troup. Accused, who was represented by Mr. A. W. Blair,-: pleaded guilty to* the charge. Chief-Detective Broberg explained that complainant Troup was working on tho Athcnic oil April fS, and, meeting accused, had asked him . to draw his ,wages for him. This A/cry had done, but, when Troup had seen him about a week 'ater, accused had denied drawing the money. Troup then made inquiries, and found that the money had

bMii signed for, and the polieo were inlormed ncc&rcjingjv, Wli&u arrested accused had admitted appropriating; thfi money. Mr. Blair asked for leniency. Averv ho explained, had had a very hard time at the wharf, and had drawn his 18s. 6d f, n S with the otiter 12s. Sd., and, bv the end of tho week, all the money w«-s gone, Ins client having been, pressed tor board, fho case could be met bv applying the provisions of the First Oflenders Probation Act. The Magistrate ordered accusad to return the money within 14 days, and to come up for sentence when called upoti. IN THE SHIP'S UNDER-WORLD. the fctokehold of the Maori last month, Uamel 0 Connor, a- fireman* and J S ells, an officer of that vessel, cach anpoared charged with assaulting the other. Mr. f, J. O'Hegan appeared for the former, and Mr. Roy fwyneham, of Christchnrch, for tha.lattoi-, . Much interest was', apparently takea in the case by a number or men (obviously firemen) at the rear of the court, the interest of two of them overcame their discretion with the result that they interrupted the case, and were pat out or. the court. Tho evidence on behalf of O'Connor to the effect that.on the day in question he was'wfrrkmg in the hold of the Maorij and had just performed the operation known as slicing tlse fire preparatory to having a cup of tea, when Wells asked him to slice the fire again 0 Connor replied that ho had already dono so, and thereupon Wells, after asking mm again, struck him and ssnee.zed him violently with both 'his arms,' ' Wells's story was to the effect that the captain had ordered more 6team and he accordingly went below to direct • the men to slice the ike. On O'Connor's refusal he (witness) fcrwJ playfully seised hold of him, only to be resisted, and later, assaulted with a shovel, . After hearing the evidence' of both sides, the Magistrate dismissed both cases, remarking that- tins row should never have been brought into court. CIGAEETTES & SEVEN DAYS. James Oliver Armstrong, an old roan with a long list of previous convictions pleaded not guilty to tho theft of two packets of cigarettes, valued at Is., the > property of On Lee Yang. : ' _ Accused said that he had no inten- i tion of stealing the- cigarettes as he had i a shilling with him to nay for them. 1 He added that ho was drunk at the time. He was found guilty of the charge and sentenced to seven days' imprisonment. OTHER CASES. For importuning, Jan© Scharre was sentenced to one month's imprisonment. Edith Firth, alias BaiVson, -was fined 10s., in default seven days' imprisonment. For insobrietj', James Canain.g, alias George Wise, was fined £2, and Edward Bloomfield 10s. Frauk Adair, ;vho appeared on rema&d an a ehrge of being found helplessly ttrunlj, was ordered to pay the cost of fijedieal treatment, £1. BY-LAW CASES. J. E. Curtin pleaded guilty to driving a motor-car on the Minn l-toad, Lower Hutt, at a speed exceeding 20 miles an hour. He was feed 10s,. with costs 1.75. 6d. Three similar informations were laid against B. Savage. Ho piesded giiil'ty to each charge, and was fined IGs., with costs 17s. 6d., on easl.K - A similar p.eaalty was imposed-to W. Q-, Talbot, who was charged'wlth the same offence. Harold \V. Brown pleaded guilty to a charge of riding a motor bicycle wit-bom a light. He was ordered to pay court costs 7s, No appearance was. mad© by Charles Daniels, who was charged with teaming, a vehicle unattended in Pipitea Street, He was fined 55., with <&sts 7s. Jack Ward, similarly charged, pleaded guilty, and was fined Is.-, with costs 7s. No appearance was made by Edward _ Kearney, who was charged with driving "a motor-car on to a stand at Feathers-, ton Street when there were already'jive cars there. He was fined la., with -casts ss/. _ _ _ For driving a vehicle in Willis Street without a ljght, Henry M'Laiighlin was liiied 55., with casts ?s, -