MAGISTRATE’S COURT

Hokitika Guardian, 22 January 1931, Page 5

MAGISTRATE’S COURT

THURSDAY. JANUARY 22

(Before W. Meldrnm, Esq., S.M.)

DEBT CASES

Taylor and Cummings (Mr Elcoek), v. John Phelan Jnr., claim .€6 8s Gel. Judgment fur plaintiff with costs 30s (id.

Westland Hospital Board (AIT Elcock), v. G. Rawlings, claim £1 16s. Judgment for plaintiff with costs 3s.

Same v. Thus. Wills, claim L'4 Is. Jugclnient for plaintiff with costs 23s (id.

Jehu Morgan (Mr Elcoek) v. R. G. Honey, claim £l6 os. Judgment lor 1 plaintiff with costs £2 lG.s John .Morgan (Mr Elcoek) v. Alex Campbell, judgment summons £l4 18s. Order made lor payment forthwith

with tl Is costs, in default 14 days. .MAINTENANCE. In :i ration and maintenance application by Freda West (Mr Murdoch) v. John H. West (Wellington), an order was made for 30s per week. LICENSING ACT. A prohibited person found on licensed premises (Commercial Hotel) was fined C'l and costs 10s. Two defendants found after hours on licensed premises (Longford Hotel) were ordered to pay costs lOs each. The licensee of Longford Hotel (E. Webster) on a charge of exposing, and Eric S. G. Graham (barman), of selling after hours, pleaded guilty. The former was fined 10s and costs 1.25, and the latter 20s and costs 10ft. ,»1, M. .Morgan charged with supplying liquor after hours (Masonic Hotel) was fined 5 s and costs 10s. | On a charge of being on licensed premises after hours (Marquis of Lome Hotel) an offender was fined 20s and costs 10s. I Another offender, similarly charged (.Masonic Hotel) was ordered to pay costs I Os. | Tim Police charged J. J. Morgan (licensee of .Masonic Hotel) with sale of liquor, exposing liquor and selling during prohibited hours. A plea of not guilty " ,; ts entered. After hearing Constable Randall and defendant, the latter was convicted and fined L‘s and costs 10s, on one charge, the other two being withdrawn. A CHARGE DISMISSED. The Police charged Emily Growcott (for whom .Mr Elcock appeared) that being the mother of a female illegitimate child on December sth, she did dispose of same in such manner as to conceal the fact that she was the moth er thereof. The Court was cleared during the taking of evidence. Evidence was given by Dr Allan Hopkins, .Mrs and Mr Louis Reid, and Sergt. King. In the course of his evidence Dr Hopkins who made a post mortem, stated the child was a full time female one, that had lived a short time hilthad died of hemorrhage, not due to any act on the part of the accused. That there was no sign of asphyxia. Mr Elooek held that there was no evidence given to warrant the charge of disposing of the body, His Worship said there was no chance of any jury convicting on the charge of disposing of the body. There may have beep an intention of disposal, hut this had not been carried into effect. He was quite satisfied Hint no jury would convict on the evidence given, and the charge would be dismissed.

WHITEBAITERS QUARREL. William Holley (Mr Murdoch) v. Violet Hnwill'd (Mr Joyce) a charge of assault, William Holley gave evidence that he was a whitebaiter on Hahinapua Creek, On November 27 he was speak' ing to G. Howe, when Fred Howard started abusing him and asked him to shift away from where he was in his boat on the river. Witness did not shill; and Howard throw stones at him, at a distance of over two chains. One hit the boat and one hit witness on tile back. Got out of the boat and told Howard to come off bis trench. Witness got a hold of Howard and held him till he was quiet. Then went back to the boat and told G. Howe he was going to Sergt. King about the trouble, Left Howe’s trench to go up to his witness’s) wife’s trench, 50 yards away. Then left on a bicycle. When he got oil the road near Spoor's track lie saw Mrs Howard and her daughter. While riding past, Mrs Howard pulled him off the bicycle. Mrs Howard scratched his him about the hands, while the daughter held the bicycle. Mrs Howard accused witness of making serious charges against the character of her daughters. The marks on his hands now were caused by Mrs Howard. He wished to have the continual interference bv Mrs Howard stopped.

To Mr Joyce—Reported matter to Sergt. King and lie refused to take the matter up. His hands were scratched by Mrs Howard. He denied telling Sei'gt. King that lie was satisfied. Re-examined —Was riding slowly up hill when Mrs Howard assaulted him. He bled profusely from the wounds.

Helena C. Holley, wife ol plaintiff, stated on November 27 she was at her trench, Mnhiimpua Creek between 9.30 and 10.30 a.m. Saw Mrs Howard run out on the road and stop her husband, pulling him off the bicycle. She then punched him. Her daughter Lizzie was holding him also. Mrs Howard fiit her husband on the face once or twice. Before her husband left for town her husband had no scratches or wounds, but when he came back his hands were scratched and his face bleeding. To Mr Joyce—She was watching the proceedings from her hut door. Saw the girl Howard call her mother, when witness’ husband was crossing t ho creek. Mr Howard and her daughter

were both attacking her husband. She saw lii.s injuries when he came back from town. George Kelly gave evidence, he resided at South Spit. On November 2" lie was oil a trench in Mahinapua Creek, when Holley pulled past. He had no wounds on his hands then. Later when Holley came from town his hands were scratched, lie had a mark on his lip, ljis eve was blackening up, and his shirt was torn.

Garnet gave- evidence that he saw the squabble. He saw no wounds on Holley after the row, but he saw wounds on his hand and lip after Holler returned lrom town.

Sergt. C. J. King gave evidence that on November 27 Miss Howard complained of a row between Howard and Holley. A few minutes later saw Holley who complained that Airs Howard had assaulted .him. His haiijds

were scratched and bleeding and h« said Mrs Howard .bad caused them

Made ei up dries and considering the honors were even, witness decided not to take any action. Mrs Howard denied having taken any part in any trouble. For the defence the defendant, Violet Howard gave evidence that when Holley came along, her daughter Ethel was going to Hokitika. Then Holley came along and she asked Holley what he had been doing to her husband and Holley told to mind lier own business. Then a car came along and passed between them, She did not touch Holley at all. Her daughter.- Lizzie was also present.

To Air Murdoch—Airs Holley had told untruths when she gave her evidence. Witness did not touch Holley that morning, Hiplley got- off his bike himself.

Hiw Worship in .giving judgment, said there was a gqpd deal of conflicting evidence. He thought the evidence of Sergt. King of great importance. He had looked into the matter at the time and thought that honours were oven, It was true that Holley had told him that Mrs Howard had scratched him, hut lie had put- more importance on the row with Howard, t'nder the circumstances he would dismiss the charge, each party to pay their own costs.

WANDERING CATTLE. The police charged L. George with allowing a cow to wander on the railway line between Arabura and Awatuna, Defendant pleaded guilty and was fined 5s and costs 10b.