MAGISTRATE’S COURT

Hokitika Guardian, 28 June 1932, Page 2

MAGISTRATE’S COURT

GREYMOUTH CASES

G.KEYMOUTH, June 28

At the Magistrate’s Court yesterday before Mr Mold rum, S.M.. the business dealt with included:— CAR DRIVED CHARRED.

Thomas Henry Huieher wits charged with driving a ear while in a into .f intoxication on dune lid. Jlelendnt was l cp. esented by Air -). AN. Hannan, who entered a idea of guilty. Senior-Sergeant Roach sa.d that doemlant was so far advanced in drink, that la* could not drive his ear with uiv jud.'inent. He was driving the ear along (luinness Street at about f.H) ji.m. onjiis correct aide, hut lie •wervi il ever into the left-hand side water channel whence he ran into a motor cycle, damaging ■ it. He then 1 rove across the road on to his wrong <T\ and into that water channel. \ here the car stopped. He was trying to start the err again when acecyt-->d h-- Const ihle Hill. He then knew Hitliing about running over the motor cycle. Nothing was known against defendant previously Air Hannan said that defendant had been a resident of Greymouth for the na.st fourteen years, and had not been known to have boon intoxicated ia (ha; go of a ear before. He had been in ill-health, and fallowing an operation was advised l»v his doctor not to take liquor again. Unfortun'telv. on Saturday, which wf« ft very cold day. be luld three whisk: s. It >.as necessp'.v for defendant to have i car for his lmsinees, and counsel •asked that at lerot Ills license be not end irsed.

The Magistrate said lie would take into consul 'ration, what had been said in favour of defendant hv enuu- • el. and by the Senior-Sergeant, and would deal with the. case leniently. As it was the first time he had been before the Court on any charge. he would not cancel or endorse the license. He pointed out, however. t’"c seriousness of the offence, and the fact that scrum.; injury to persons, or dainrig-' to property, might easily have resulted. Defendant would be convicted and fined Co. IUGEOX SHOOTING.

Thoina.; Patrick Ryan, law clerk, Frank Costello, plumber, and Lin Murray Walker, salesman, were each charged that at Kumara, on June 12, they did kill twelve absolutely protected birds, twelve native pigeons.

The infot mationn were laid by the Government Ranger, Sidney Benjamin Gurden, who was represented by Air A. 11. Patterson. Air J. W. Hannan appeared for defendants. After hearing lengthy evidence the Magistrate said there was no direct evidence that the pigeons weie actually in the car. but the hag containing them was found on the river-bed, just below where the car containing defendants stopped. It was denied by defendants that they shot any pigeons ur that they had any in the car. The prosecution maintained, however, that the pigeons found, could not have come from anywhere, blit the car, and that several of the pigeons were still warm, two having fresh blood on them.

The question he lmd to decide war, whether it had been proved beyond all reasonable doubt that the pigeons were shot, and thrown, by one or other of the defendants, on to the river-bod. The evidence of the Ranger who was patrolling the Teremakau bridge for the purpose of detecting anyone taking native birds w - ns that he saw the car come on to the bridge, stop, and then come on again, the ligh'n being extinguished when the ear stopped, and re-lit again when it re-started. The birds were found on the river-bed soon alter the departure ot Ryan’s ear, and from their condition, it was judged that some, at least, of them had not been there more . than a few minutes. It was a reasonable presumption that the bag was dropped by some one Irom the car. The behaviour of the ear in stopping three chains away from the Manger and the constable wars very suspicious, as also was the extinguishing of the lights. When the ear was seairched. there wire no pigeons found, but there were three fire-arms ip tiie ear. The behaviour of the defendants wlujn interviewed was not that of innocent men for if they had had nothing to hide they would not have given evasive answens. 'laking all the facts into consideration, there seemed no reasonable doubt that the pigeons had been killed by defendants and dropped by one or • other of the pat tv over the bridge, It was not nercbsary that the offence be sheeted home to any particular one, as all wore together, and each responsible for the action* of the others. They would each lie lined L' i. with HL costs and solicitor’s fee Cl Is. Witlie.':.;' expenses os lid were also allow-