MAGISIRATE'S COURT HOKITIKA

Hokitika Guardian, 2 December 1921, Page 3

MAGISIRATE'S COURT HOKITIKA

FRIDAY, DEC. 2nd. (Before Win. Meldrum Esq., S.M.) LICENSING ACT. Two residents charged with lieing found on licensed premises (Marquis of Lornc Hotel) during prohibited hours, did not. apiiear. Both were convicted, one to pay costs is and the other (a second offence) was lined 20s and costs .JUVENILE COURT. Four lads charged with stone throwing to the danger of passershy, were sternly admonished by his Worship as to their future behaviour, and discharged. DEBT CASES.

Hokitika Harbor Board (Mr Park) v. John Martin, claim Cl 14s 7d. Judgment for plaintiff by default with costs 3Ss till.

BUR'E FOODS ACT. F. Yarnev, Health Inspector v. L. Gooch (Mr Murdoch) o charge of selling butter, short weight. A plea of not guilty was entered. Serot. King stated defendant had a supply of butter from the Overlap, i Dairy Coy., of Greyinouth. On the wrapper was marked lib. nett. On being weighed it was found to Ik;, i drains short weight. Six lbs weighed Mbs M l ozs, Fred Varney deposed he was an Inspector under the Sale ol Foods ■ Visited the shop of L. Gooeh. Weighed a |h. of butter, it weighed 7 drams short of a 111. Mr Gooch supplied the bihter. Weighed it on the counter siales. in the presence of Mr Gooeh. Weighed other butte,-, six pounds weighing ulb 111 ozs. To Mr Murdoch- He did not get any message bv Const. Quinn from Gooeh asking witness to visit the shop. On his first visit got the butter, brought it dow n to Mr Carter to get it cheeked. Then later went hack to Mr Gooeh and told him the correct weight. Nothing else happened oil the second visit. Gooeh did not say he would not sell the butter. He made no protest on the matter. Mr Gooeh did not refuse to take the money for the butter. Mr Gooeh told witness that lie had sent a message hv Const, Quinn to him. He paid for the butter oil the occasion of his first visit The message sent was that he had got some Overland butter ill.

William Carter deposed he was inspector of weights and measures. 'I he packet of butter, produced was brought to him. It weighed Id oz. !» drains with tin; wrapper. This was the ease for the prosecution.

Mr .Murdoch led evidence as follows: Lawrence Gooch deposed he was a grocer in Hokitika. On September Ist. lie got some butter from the Overland Dairv Coy., of Oi'-ynioiitli. It was in lints. Weight'd tin- 'butter and di covered two ol the pats were short weight. Constable Quinn came in and he asked him to see Mr Valuev and ask him what witness should do. Mr Yarnev came in shortly afterwards and witness said you have conic in about the butter, but Varney led him to believe he had not got his message. Took out the two pats short weight and handed them to Mr Yarnev. Mr Yarnev weighed the two pats and filler six pounds. He then left with uiie pat that was tile shortest weight. Ho came back about half an hour later and weighed the butter again. He tin'll asked the price of the butter. Told him the price and he put the money oil the counter. 2s .Id. Wit ness said he would not take the money. Yarnev said lie need not have the slightest demur at taking the inonev as the Overland Dairy Cov., took the responsibility. Witness wrote on the pat of butter "This is my butter.” and signed his name. The money was laid on the counter by Mr Yarnev as lie went out the second time and it laid there |or a considerable time. There wax no sale and he claimed the butter was still his

To Sergt. King He weighed the butter and found in the case two pats that were short weight. Mr Varney took one and witness took the other pat home, lie refused absolutely to take the money for the pat.

To the Magistrate He pot his mime on the pat in Mr Varney's presence. John Hutchison deposed lie was employed as assistant grocer at Gooch’s store. He saw Mr Varney weighing I,otter in the store. He saw Mr Gooch put his name on a put of hotter That was nil the first visit. On the second visit \ arney re-weighed it and asked Gooch how much it was. Gooch said he could not sell it as he would lie responsible for it. Mr Varney point ed to the name oil the packet and said the* milker would be responsible. Mr Gooch said lie could not sell the butter. Mr Varney put. some money on the counter and after further talk lie wrapped up the hotter and went away. Saw the money on the counter after M r Varney had gone. Constable Quinn deposed lie remembered being ill Gooch’s store alii! talking about butter, but- he could not remember Gooch giving him a message for Varney.

His Worship said there was much contradictory evidence. It was u pity it was not brought on sooner, over two months (‘lapsing. There appears to have been some discussion about the shortness of weight. There was a.

doubt as to whether a, sale took place. The defendant would get the benefit of the doubt and the ease would be dismissed. WANDERING CATTLE.

W. Thompson. County Ranger (Mr Park) v. M. Kenan, a charge of allowing a horse to wander at large a,t Ilium. Convicted and lined 10s and costs ISs Sd.

Same v. (’. Atkinson, 1 cow on Arafiura Road. Fined 5s and costs 18s 3d. Same v. (’. Marshall, 1 cow, at ICokatahi. Filled 5s and costs 18s Jd. Same v. \V. O’Brien, I horse and 2 COWS at Kokatahi. Fined 5s and costs ISs 3d.

Same v. W. Reynolds, I cow, Aru--1,0,a Road. Fined 5s ami costs ISs 3d. \N ARAIIFRA TROUBLE. William Olderog (Mr Wells) v. fri I’ihawai (Mr Bark) a charge of using abusive language.

William Olderog deposed oil the 11th .November., when driving cattle with Staines near defendant’s place defendant met. witness and she used the language complained of. Similar words had been used on previous occasions. He was afraid to go into the locality by himself.

Thomas Staines deposed he was a cattle dealer. When driving some cattle to Olderog’s paddock. They had some trouble in driving the cattle which got mixed with Louisch’s cattle. Then Mrs Louisch c-ame along and used the language complained of. He was so surprised at Mrs Louisch’s actions that he decided to leave the cattle there for tlie time. To Mr Park—Mrs Louisch was about 50 yards away from Olderog but she could D,e heard a quarter of a mile away. To Mr Wells-Hf* was sure there would he trouble. If lie were Olderog he would sell out. Rudolph Louisch deposed he lived at Araliura. He was not near Olderog when Mrs Louisch was talking. The Court adjourned at 1 p.m.