MAGISTRATE’S COURT, HOKITIKA

Hokitika Guardian, 29 January 1920, Page 1

MAGISTRATE’S COURT, HOKITIKA

THURSDAY, Jan. 29. (Before. E.'C. Levvey Esq., S.M.J JUVENILE OFFENCES. Five lads, ranging from 11 years to 8 years, were charged with talcing part in an unlicensed boxing contest in Stafford Street oii a Sunday evening about 8 o’clock. After '(hearing- the circumstances the Magistrate gave the lads a warning and dismissed the charges. The Court sat at 10.15 a.m. MILITARY SERVICE ACT. Peter Kinvan (adjourned hearing! charged with failure to attend parade. This was adjourned to give defendant to attend future parades which had not been done. Convicted and fined £2 and court costs 7s. . Same v. Malaohi Johnson, a similarly adjourned case, to enable parades to he attended, which had not been done. Convicted and fined £5 and costs. Same v. 1). W. Heenan (Mr Mur clod i) adjourned from previous sitting to enable enquiry as to whether a returned soldier was liable for Territorial service, which was against the defendant. The latter had attended'parados regularly since. Convicted and discharged.

CHARGE OF OBSTRUCTION. ’ W. Ei ’ Brough, Albert Cutbush and Ernest Heenan were charged by the police that on 28tli December, with wilfully obstructing in a public place (Stafford Street), with promoting a boxing contest in Stafford Street without a permit; and also with being present at a boxing contest in Stafford Street. The three defendants pleaded not guilty to the first two charges, and guilty to the last charge, Mr Murdoch appeared for Cutbush and Heenan, and pleaded that they did not know any infringement of the law was taking place. Scrgt. McCarthy said he would withdraw the first two charges. He pointed out that the gathering took plhce on the Sunday night of Christmas week, just as ■ tho churches were coming out. He wished to point out that there were plenty of places on the beach or elsewhere where they would not have interfered with the

public. His Worship pointed out the seriousness of tho offence, but said be would deal leniently with the present charges and fine each defendant 10s with costs 10s. LICENSING ACT. The Police charged a young man with being on licensed premises (Occidental Hotel) during prohibited hours. Defendant who did not appear, was convicted and fined £2 and costs la-

Tlio police charged two offenders with being on licensed premises on Sunday Jan. 18th., (Occidental Hotel), during prohibited hours; who did not appear. Sergt. McCarthy gave evidence and a conviction was recorded, a fine of £2 and costs 7s in each case being inflicted. The police charged another offender

with being on licensed premises (Club Hotel), on Saturday, Jan. 17th, during prohibited hours. Convicted and fined £2 and costs 7s.

DEBT CASES . Westland Charitable Aid Board (Mr Park v. George Bell claim £lO ss. Judgment by default for amount with costs 28s 6d. State Advances Settlers Department r. H. H. Adamson, claim £l3 16s. Judgment for plaintiffs with costs 34s Gd.

J .E .Wade, (Mr Murdoch) v. Sarah Byrne, claim £2 10s Od. * Judgment for plaintiff with costs 10s. Hokitika Borough Council (Mr Park) v. Wm. Burrowes claim £lO. Judgment for plaintiff noth costs 235. Same v. W. H. Burrowes and Fran--1 cis Graham claim £9 18s. Judgment for plaintiffs with costs 26s 6d. DRIVING A MOTOR CAR. Police v. Robert Fraser, (Mr Murdoch), a charge of driving a motor car in a manner dangerous to the public, a charge laid under the Motor Regulations ' Act. Defendant pleaded not guilty. [ George Davidson gave .-evidence that . on 30th December he was out to Kan- ■ ieri Lake in his motor car with a party I of gentlemen. He was returning be- | tween 6 and 7 p.iu., and when going up the hill this side of Kanieri, he saw another car coming in the opposite direction. Witness had to go at almost right angles to prevent a serious collision. Mr Fraser was travelling at between 20 to 30 miles an hour and did not take

the proper precautions to safeguard the others on the road. Witness deviated right off the road to prevent a collision, on the left hand side and Fraser then just grazed witness’ car. There is a bend of the road at this point with a rise in the centre. If ho had not taken the precaution to get right off the road there would have been a serious accident. To Mr Murdoch.—He knew Fraser had been driving ears for some months and had not heard of him having metwith, any accident. ‘ This was the case for the police. Robert Fraser, the defendant, stated

he was employed by Mr Gooch as a motor driver. He had been driving for three years and had never had an accident‘with his cars. He remembered meeting a car that afternoon and was perfectly sober. He was making his second trip to Kokatahi from Hokitika. He loft Kokatahi at 10 to 6, came the ten miles to Hokiika, unloaded his passengers, a matter of a couple of minutes, and turned round and went straight to Kokatahi reaching there at 7.10 p.m. 'The 20 mile journey took 11 hours. That was not a dangerous speed. He was not travelling at more than 15 miles an hour when going up

the hill. . . . To Sergt. McCarthy. -He had not crone at an excessive speed. He always used care in going up any 101 l or on a tU q'o the Magistrate. He did not see Mr Davidson pull of the road otherwise he would have stopped James Downey, dentist, deposed he s „. ]Wrle»ve for H.Otita■ l»£ «” 0 -’clock. At 7.15 p.m, 1>« •» *>»»* again at Kokatahi. Eraser was quite sober and his driving home was 9«> te

Sa Mr Murdoch made an appeal on behalf of his client , holding that the evidence went to-show that every care had

been shown. .. ~ , a ease’oflne'maS evidence «K the benefit and dismiss the charge.