ELTHAM.

Hawera Star, Volume XLVIII, 17 September 1924, Page 6

ELTHAM.

AIAGISTRATE’S COURT

YESTERDAY ’S SITTING

(Before Air A. M. Mowlem, S.AI.)

CIVIL CASES

The Taranaki Electric Power Board obtained judgments against the following defendants for the amounts •stated, with costs: Joseph- Dombrosld, £2 ].6s 10d; Robert Buckley, £1 9s sd: George R. Buchanan, £1 3s 10dThomas H. Gooch, junr., £2 0s IdJanies Kent Silbv, £2 13s lOd; James McDonald, £2 0s lOd; H. McKay, £1 0s lOd; Henry Zimmerman, £1 7s 3dGeorge Sleeman, £2 17s Id; John Wallis, £3 19s 2d; S. A. Paynter and Sydney Paynter, £3 2s 3d. Hallenstein Bros. v. Gordon McLean. Judgment by default for £lB Is lid. Juba Taylor v. Gordon Lett. Judgment. by default for 3s. • & BREACHES OF BY-LAWS.

Hugh Wilson, of Kaponga, was fined 10s and 7s costs for riding a bicycle without a light on the evening of September 5. 1

Taki Williams, also of Kaponca was fined 10s and 7s costs for riding a motor cycle without a registration number clearly displayed thereon.

BICYCLE THEFTS. Robert Death, of Ngaere, aged 9 5, was charged with the theft of a Ifil cycle belonging to Mr A. L. Weatherly, of Mangatoki. on the nidht of August 5. ■ “ The accused, who pleaded guilty, was represented by Mr J. H. Sheat, who stated that the accused now realised the seriousness of his act. He came of a highly respected family in this distret, and* as this was his first iapso lie would request Mr Mowlera to make an order for the suppression* of accused’s name. The accused voluntarily offered to make good any damage done to the bicycle. . Air Mowlem pointed out the seriousness of the theft and the increasing number of such cases. He would make no order for the suppression of accused’s name. The accused would he convicted and admitted to probation lor 18 months, a condition of the probation being that the damage to the bicycle (amounting to £2) be made good. It was also ordered that the machine he returned to its rightful owner.

A FARMER’S NEGLECT. Michael McAlahon, farmer, of Lowgarth, • was charged with failing to furnish land and income tax returns. The accused pleaded guilty. Air Sheat appeared on behalf of the Crown solicitor, New Plymouth. “I -simply neglected the matter,” said defendant in pleading guilty ~ Air Mowlem, S.M., stated that’anyone owning land of a value greater than £soo'must send in returns each successive year, even although no., tax was payable on account of deductions, etc. Though default assessments w r ere made, often in excess of the tax which would actually he levied if returns weie made, it did not excuse the landowner from rendering . returns The accused would be convicted and fined £- and. costs 7s, with solicitor’s fee £1 Is.

SHAREAIILKER, IN TROUBLE CONVICTED OF THEFTS.

Helrbert Glentworth, . sharemilkerj Mata, was charged with, the theft of a h-orse cover belonging to Air Jos. Towers, butcher, Eltluun, aucl of calfskins live: property of Alessrs Ale Queen and Dove, farmers, Mata. Sergeant Henry appeared for the police-, and t-ho accused was represented !Pv Ain - P. O’Dea, of Haw-era, Joseph ’lowers, butcher, of Eltham, stated that on the night of the 16th July his horse was placed in his paddock in Castle Street. The cover on the horse w-as securely fastened, and he visited the paddock as late as 9.30 that night. The paddock was .-oeurely fenced, and the gate fastened with a wire catch. The next' morning the gate was found broken open and subsequently the horse- w-as recovered minus the cover. Witness knew- defendant, wild had previously lived in Castle Street. On a laten* date lie had occasion to visit defendant’s place, and whilst there saw a pony w-itli a cover w-hich he recognised as his. In reply to Air O’Dea witness admitted that horses very often shed their covers, although they were v erv securely fastened. He did r.ot think the horse could step over th e . gate although it w-as only 2ft tin in lieTgiiC It would have to jump. When he visited defendant’s farm and saw the cover he did not mention .he matter to defendant, as in the ccwise, of conversation on c.tfier matters lie iergot ail about it.

The defendant, in the witness box, described how he found the cover on. the Mangawhero R-oad. Constable Townsend had never mentioned rhe cover on any of his visits until lie saw it on his visit. Defendant was quite positive Tie w-as net on the Mangawhero Road between 2.30 and 3 a.m. on the day the cover was lose. Air O’Dea, lor the defence, contended that the identification of the cover, was not complete. Air Towers w-as not sure if the coyer w-as the same one he had lest, and he had to go to the maker lor assurance. The law relating to the larceny of goods found was very dcl.atiible. Alter quoting the English and New Zealand law, Air O’Dea contended than as no attempt had been made to -dispose of or deal w-ith th© article in any way, no larceny had ia-on coumit-

lhe magistrate, in convicting oofondanfc, stated 'that he considered complete identification ol . the cover had been established, and the defendant, in taking no action to discover the rightful o wilt'd - of the cover, had committed larceny. Glentworth w-as further charged with the theft of nine calfskins, the property of _ McQueen : and Dove, Mata. Evidence of identification was given by Alessrs McQueen and Dove, the formal - stating- that the loss wa-s discovered when a particularly (remarkable sliin a light straw-berry- in colour—was missed from a pile in a shed. I'ne loss was reported to Constable Townsend, and the nine .skins wore found in the store oi Alessrs V'iisen ami CauJiaai. Eltham.

Thus. Sutton, storekeeper, Eltham, testified to buying file skins ft cm defendant.

The defendant stated on oath that lie killed five 9 to 10-montlis” calves, and, after cutting the skins in half, he disposed of them as ten calfskins. His Worship convicted the accused. On the first charge, regarding the horse cover, he would be fined £5, the cover to he returned to its rightful owner. On the second charge he would he admitted to, probation for twelve months and ordered to pay £2 5s to Alessrs Wilson and Canham within seven days, and witnesses’ expenses 10s.—Argus.