MAGISTRATE'S COURT

Hokitika Guardian, 17 February 1927, Page 3

MAGISTRATE'S COURT

THURSDAY, FEB. 17th. (Before \Y. Meldrum Esq., S.M.) LICENSING ACT. On' charges of being unlawfully on licensed premises after hours offenders were dealt with as follows: Two residents (.Masonic Hotel). Fined 20s and costs each. Three residents (Red Lion Hotel). Two were ordered to pay losts, the other fined 20s and costs. Two residents (Dunedin Hotel). File cd 20s and costs. ALLEGED ASSAULT. Police v. Benjamin Biddelpli, a charge of having assaulted Leo Young by striking him in the lace on 19th Jan. Mr Murdoch for defendant pleaded not guilty. Sergt. King called evidence:

Ecu. C. Young gave evidence that lie was an apprentice iockev residing at Red Lion Hotel. Prior to 19th .January was hoarding at Masonic Hotel, (in 19th January went to the hotel and saw Mrs Morgan. 'There was a matter of Ms in dispute. AVas in the bar discussing this, when defendant came in, and said the account was right. Told defendant to keep away as witness’ business was with Mrs Morgan. Told him twice. The result was that Biddr, 1 pli struck witness on the eye with a clenched fist, and gave him a black eye. He said he would give him a nother.

Tn Mr Murdoch lie was not in the habit of being impudent. Some three months ago Mr Hatch struck witness, hut it was not because he was impudent. it was because witness wanted his wages. Witness denied having used had language to Biddelpli. Constable Doherty deposed at 7.15 pun. on January 19th Young approached witness crying, and said lie had been assaulted. Ilis eye was cut. Went hack to the hotel and saw Biddelph and told him what he had been accused of. He did not: deny it. Mrs Morgan was also present. She said the account was right. Biddelpli said lie meant to strike A'outig as he had given a lot of cheek. No mention was made of had language having been used. Mention was made by A'outig that Duncan had scragged him. Duncan said In* had ilist pulled him out ot the road. Mr Murdoch for the defence denied Hu* assault. Mary M. Morgan gave evidence that she was the wife of the licensee of tho Masonic Hotel. Biddelpli has been barman for six months. Young was a hoarder for three weeks. Biddelpli is not supposed to give any hooking. AYlien Young came on tile 19th ho asked for his account for drinks. Ho had already had his account lor hoard. Biddelpli tame into the bar and said the amount was right. Young told Biddelpli not to chip in. Witness said he had a light to. as lie was responsible IflV what was in the hooks. Young used had language. Did not see Biddelnh strike Young.

Benjamin Biddelpli gave evidence that he wa.s barman at the Alnsonci Hotel. On JtOli' Juniiarv saw Young In the liar with Mrs Morgan, who asked witness about Young’s account. Showed the amount due and Young told witless not to chip in. Mrs Morgan said witness was right as he kept the account. Young thru used had language and witness told him to take, a pull. Young used further language and witness caught hold of A'oting and pushed him out of the bar into the passage. and then Duncan and Young had a .scramble in the passage. His Worship said there was a conflict of evidence between Young ana Biddelpli. and lie had to rely oil the evidence ol the Constable. Biddelpli would In* eoiivcted and fined 20s and costs 20s. ROUTE V. .1. D. LYNCH. Tit tin’s case, adjourned at “he Grevniotilh Court for tin* purpose of hearing the evidence of W Jefiries and IT. J Evans, in connection with a charge of alleged selling without an auctioneers license, the following evidence was taken: William Jeffries gave evidence that he was a licensed auctioneer at Hokitika. lie held an auctioneer’s license from Westland County Council in 1920. In November he received a communication from •). I). Lynch asking for a transfer of the license. Fie applied to the Westland County lor a transfer, paid the transfer lee of 10s and got a transfer of the license from the Countv Clerk. Considered it was a transfer for the one day, 26th November that Mr Lynch asked for. Considered on the expiry til the day that Lynch used the license' Chat it reverted hack to witness. Did not consider it necessary to have the license transferred hark from Lynch to witness. This practice had been carried on Tor several years, to transfer the license for one day on payment of a let* oi It)-, to the local hotly that issued the lit ease. The issue of the transfer was made by the Clerk. The Council did not make any formal resolution. David Joint Evans gave evidence that he was the Clerk ol the Westland County Council. Mr .Jeffries came and produced a letter from •). D. Lynch asking for a transfer ol M.r Jeffries’ license and tendered the lee ot 10s. Witness gave a receipt for the 10s anct supplied a transfer of the license for the day in question. There was no resolution of the Council passed. There was no time to obtain that. Tit* carried out tin* usual procedure that had been followed in the past. Tie understood now that there was no provision in the act to do so. The hearing was then lurtlier adjourned to Groymouth. DEBT CASES. Judgment for plaintiff by default was given in tin* following eases: AY. A. Stopforth (Mr Sellers) v. AY. Doull. claim £8 10s and costs £2 os. IT. M. Coulson (Mr Elcock) v. AVm. Doull .Innr.. claim Co os and costs £2 3s. AYestland County Council (Arc Park) v. AYaitaha Co-op. Dairy Coy. Ltd, claim C2-I 11s 9(1. with costs C l 17s (id. Same v. 11. IT. Adamson, claim. C2B ]ss sd, and costs £5 os fid. A. ,1. Chesnev (Lands and Survey Department) v. A'. J. AA right, claim £ I and costs £2 (is. Same v. C. T. Lawrence, claim £ll 19s (id, and costs £1 os. RESULT OF SKYLARK. Arthur ’Thomas. Geo. AA hito and pred (1. Scott ('Mr Afurdoch) were charged with theft of calendars of the value of £3 16s, the property of A. *T. AYilmott. Afr Murdoch said the charge arose out of a foolish skylark on the part of the young men. and stated that full reparation would he made to Mr AA'ilhnott.

Sergt. King stated that Mr A\ illmott procured 100 calendars which did not come up to sample and they were repacked ready to he sent back. On the day in question these young men went to the billiard room, and were somewhat under the influence of liquor, and when they went out they took the calendars with them. They went to several hotels and distributed th? calendars freely. Only a few were recovered. some 20 out of 72. Convicted and fined £5 7s 9d. the amount of the damage done which is to he paid to Air I\ illmott. with costs ICs. .MAINTENANCE ORDERS. A. Cameron (Air Sellers) applied for variation of maintenance order. Arrears ordered to be written ofF and payment reduced to 2s 6d per week,

An application by a wife for a maintenance order against her htlshand in respect of their child was granted at 10s per week. CAUSING DAMAGE. In the adjourned charge against Reg. Boscwarne, for causing damage to tin electric sign of A. .1. AA'ilhnott, the* latter gave evidence that it cost 19s to repair the damage. Fined 20s and ordered to pay 19s damage, with costs THEFT OF TURNIPS. George Taimii ( Air Elcock) was charg ed with theft of turnips, valued at -is, the property of Muir Bros. Air Elcock pleaded guilty. Sergt. King said defendant went on to the land with a sugar hag and more than half filled it and took the hag away with the contents. AA’hen accosted with the hag he said it contained native cabbage. Fined Cl and ordered to pay 5s damage and costs 7s. RIGHT OF ROAD.

County Overseer, AA'illiatn Milliter (.Air Park) v. AA'm. Leslie (Air Elcock). a charge of failure to allow a motor-car to pass the lorry driven by defendant, on the Kanieri-Hokitika road. AA'illiatn Milliter. : County Overseer, deposed the lorry was just in front of witness’ car as Ik* got on the main road at Kanieri. Tried to get past repeatedly. but was unable to do so. 'Hie lorry swung from one side of the road to another. Tried to get past hut it was too dangerous. AA’hen witness got to the oast town boundary road swung oil’ into Hampden Street. AA'hen witness reached the railway station found it was under 9 minutes from leaving Kanieri. There was 17 to IS feet of gravelled width on the road. Did all In* could to attract attention. The horn was blowing tor I t miles on the road. 'Thought at the time that Leslie was doing it deliberately, hut now after speaking to Leslie considered he had not hoard witness. ’There was a terrible cloud of dust. The lorry was going 18 miles ail hour. William Fleming gave supporting evidence. AVilliam Leslie, the defendant, deposed he was driving Hie lorry. lie did not know Milliter was behind him. There was a reflector on the lorry. On a line day could not see behind for dust. AA'as not travelling more than 10 to 12 miles an hour. The road is had and the lorry hud to ho held every inch of the way. ’The Court adjourned at 1 p-.in.

THE COURT I! Eft U.A! ED AT 2 p.m. In the ease of Afillner v. Leslie. Ids AYorship said on the first charge of not having a relleolor, that failed and would he dismissed. On the charge of not allowing \A’m. Millncr to pass, the driver said he could not sec* owing to dust and there was more need to keep to the left, and he list'd the road In such u wav to prevent other vehicles passing him. even if unintentional. The next charge of driving at a speed ill excess of 14 miles an hour was proved. He would he convicted on the two charges, and fined 10*. with costs 10s on each of two Charges, with 19s witness fee. counsel’s fee 92 2s.