MAGISTRATE’S COURT.

Grey River Argus, 15 February 1927, Page 2

MAGISTRATE’S COURT.

Monday, February 14. (Def (ire Mr \v. Meld rum, S.M.) LICENSING CASES. William Thomas Blackmun, licensee of the Club Hotel, Blackball, was charged with keeping his premises open lifter hours and exposing liquor for sale alter hours on -December 2.1, 1926. Defciitiant pleaded guilty to the second cliajge and the first was withdrawn. Senior-Sergeant. P. J. McCarthy said that Blackmun had beeen in the hotel Keeping business in the district for the past six or seven years, and there were no previous convictions against him. A tine was imposed of £1 wTth 10/Mrs Kate Russell, licensee of the Park Hotel, Greyniouth, was enarged that on January 23, 1927, she failed to admit t<» ihe premises without unnei essary delay Sergeant Smyth in the execution of his duty. Mr W. .1. Joyce who appeared on behalf of defendant, entered a plea of guilty. Mr Joyce said that the licensee was a woman of exemplary character. Siie had been conducting hotels in the district for thirty odd years and had an excellent record as a licensee. The Senior-Sergeant said that he bad nothing to say against the conduct of the hotel. A conviction and fine oi £1 with 10/- costs was imposed. ABSENT FROM PARADE. For being absent from parade without leax a, Thomas Hill, a territorial residing at Runanga, was convicted and ordered to pay costs 10/-. AFTER HOURS. After hours offences were dealt with as follows:—Six first offenders found on the premises of the Royal Hotel, on January 29 were each convicted and ordered to pay costs ten shillings. A third offender found on the premises of the Hotel Dominion was convicted and fined £2 with costs 10/-. T’wo first offenders caught at the same hotel were each ordered to pay costs 10/-. One first offender found on the premises of the Union Hotel and two first offenders on the Gilmer Hotel were similarly dealt with. Two first offendcers found on the premises of the Club Hotel, Blackball, were each convicted and ordered to pay costs 14/A STOLEN BICYCLE. Henry Edward Greenway, described as a sawmill hand residing at Blackball, was charged with stealing a bicycle valued at £6, the propeerty ol Frederick George Goetzger. Greenway who was represented by Air W. J. Joyce enteered a plea of not guilty and elected to be dealt with summarily. In outlining the circumstances, the Senior-Sergeant said that the bicycle was taken from the lane at the back of tile Oriental Hotel. Some considerable time afterwdrds the missing machine was identified by two boys at Black bail. The accused when interviewed by the police said that he had purchased the bicycle from a man whom he did not know outside Beck’s store in Mackay Street. The statement made by the accused was unsatisfaetcry he said, and it did not tally with those of some of the witnesses who were ot “be called. Frederick George Goetzger identified the bicycle produced in Court as the one belonging to him. He left the ma- | chine at the back of the Oriental Ho--1 tel on Labour Day and on returning in ten minutes it had disappeared. Witness next saw his machine at the Police Station on December 12. Tie had not authorised anyone to take it. Evidence was given by Robert Mountford, miner, of Blackball, to th<, effect that accused who was boarding at his house brought Hie bicycle there some time in October. Witness used the bicycle with defendant’s consent but did not purchase it. Witness was working at repairs to the washout at the Blackball bridge and rode • > backwards and forwards to work. When he was riding it at Ngaherc a box had identified it. To Mr Joyce: There was no attempt whatever to conceal the bicycle.

Gladys Mountford, wife of the previous witness, said she asked defendant where he scored the bike. He replied that he gave £2 for it to a “cobber’' who had lost his money at the races The bicycle was kept in various places about the house and anyone passing could have seen it. Mr Joyce said Greenway was in town last October with an injured leg. He bought the bicycle from a man for £2. There had been no” attempt to conceal or disguise the machine. No alterations had been made to it with the exception of a new bell.

Defendant said that when he was asked to buy the machine, he told the man it was no use to him. His reason for buying it xvas because the man appeared to be hard up. Tn reply to the Senior-Sergeant, Greenway said he did not know why he told Mrs Mountford that he bought the bicycle from a “cobber.” He admitted that a “cobber” was generally defined as a particular friend. The Magistrate sauT"that there was no doubt that the bicycle was stolen. The question was did defendant steal it or was it stolen by someone else? The circumstances were exceedingly auspicious, and the fact that he told Mrs Mountford that he had bought it. The only conclusion to be arrived at was that defendant ’ ’ yielded to [temptation and taken the bicycle from 'the back of the Hotel. Defendant would bei convicted and fined £2 ■with costs £2 18s 4d. An order was made that the bicvel He returned to its owner. A BUSINESS~ARGUMENT. Arising out of an argument between William McGregor, carrier, Blackball, and James Allen, sawmiller, Blackball, a charge was preferred against McGregor of using insulting words in a public place to wit, the Blackball-Roa road. Defendant was represented by Mi W. J. Joyce. Constable Honey, of Blackball, described the place where the insulting words were alleged to have been used, as within hearing of the main road be •tween Blackball and" Roa. In reply to Mr Joyce the constable said he did not hear Iho language.

The road whore McGregor used the words to Allen was marked off with warning notices to trespassers. At one end there was a notice from the Blackball Coal Coy., Ltd., and at the other end a railway board. James Allen said that on December 15th., he xvas taking some machinery to the mine with his lorry. McGregor came up to him in the Blackball Company’s yard. There were several tnen present. McGregor said: “I’m going to toll you in front of those men what 1 think of you.” Witney then related the words addressed to him. The only reason he could give for McGregor’s behaviour was that they both owned motor lorries and witness was getting the most work.

To Mr. Joyce: There was fairly a large notice warning trespassers against going into the mine, yard, hut nobody took much notice of it. Mr. Joyce: You are apparently a law unto yourselves then in Blackball? Continuing, Allen said that McGregoi was formerly getting £4/10/- a day for work which Allen was doing for £4. He admitted getting legal advice to ascer tain if he could take civil proceedings against McGregor for slander. James Ashurst, an electrician at the Blackball Mine, said that he and three or four other men were present at the timeMcGegor spoke to Allen. They were standing about a chain off the fcnain road. Witness said they appeared to hr having a business argument. McGregor used “skunk” and other words to Allen and finished up his remarks by saying “I hope you may die with leprosy ’ ’. Defendant said that the mine yard was about two chains off the main road. It was a back shunt off the main line and was used by carriers taking delivery of coal from the binns and for carting to and from me mine. Mr. Joyce submitted that the evidence proved that the language was used in the Blackball Company’s yard, which was not .a public place within the Neither did it come within any of the definitions cited in the Act The Magistrate remarked that the wit ness Ashurst had described the quarrel between the men as a business argument. The prosecution had failed to prove that the road was a public place and the case would bo dismissed.