POLICE COURT.

Hauraki Plains Gazette, Volume XXXIV, Issue 4585, 11 July 1923, Page 2

POLICE COURT.

MONDAY, JULY 9, 1923. (Before Mr J. H. Salmon, S.M.) At the Police Court on Monday last the following cases were dealt with by the Magistrate UNREGISTERED SHOTGUN. James Glasgow was charged with being in possession of an unregistered shotgun. He pleaded guilty, and said that it was an oversight. The Police said it was not deliberately done, and they did not plead for a heavy penalty. Defendant was convicted and fined 10s. costs 19s. ALLEGED THEFT. William Duncan, drainer, of Wh’arepoa, was charged with converting to his own use a grey gelding, the property of A. Thomas. Plaintiff, in evidence said he tied his horse up at, Hikutaia, and when he went to get it an hour afterwards the horse was gone. The animal was found next day some distance away. A surcingle had been stolen. The horse was found on the side of the road. The value of the surcingle was about 9s 6d. The horse was found at Wharepoa, five miles away. Constable McClinchy said that defendant had made a statement admitting that he had taken the horse when drunk. Accused was convicted and fined £2, costs 9s, and witnesses’ expenses £1 0s 6d, A. Thomas to be paid 9s 6d of the fine; in default 14 days in Thames Gaol. * UNLAWFUL ADVERTISING. C. L. Innes and Co., brewers,, of Hamilton, were charged under the Licensing Act, 1908,'section 146 witfh unlawfully soliciting for orders by advertising alcoholic liquors for sale in a no-license area in the “Hauraki Plains Gazette” newspaper. John Reid and Co.„ wine and spirit merchants, of Auckland were charged with the same offence. The t,wo cases were taken together, and Mr Hanna appeared for both defendants and pleaded not guilty. The police sergeant seated that in the case of John Reid and Co. the advertisement was undoubtedly soliciting for orders for liquor contrary to regulations. He quoted authorities in support of the contention that the defendants had committed a breach of the Act. As regards Innes and Co’s, advertisement, the defendant firm might just, as well have semf, a canvasser into the town. These advertisements were actually printed, published, and circulated in a no-license area. Mr Hanna asked that the charges should be dismissed as trivial under the Justices of the Peace Act. section 92. He thought that, the charges as laid were ill timed, and quoted authorities. The advertisements were on the same lines as had been permitted years. As soon as the decision of' the Court of Appeal in the case in Masterton was known the defendants had withdrawn their advertisements, which had not since appeared. The defendants had had no opportunity of righting matters until the decision of the Court of Appeal. < His Worship said that there was no doubt that the advertisements were soliciting for orders. They were the first cases heard in this district. The advertisements, no doubt, had been worded in ignorance and without knowledge of the scope of the Act. Defendants were convicted and fined £2 each, and costs 7s. INSUBORDINATION ON PARADE. Allen S. McKenna, a . youth, was charged with insubordination while on parade. Sergt.-Major N. C. Busby, sworn,, said that defendant’s behaviour at parades had been mischievous for a Jong time. The officers had given him a lot of latitude. He had been brought before the area officers on one occasion, and had been' reprimanded, but without effect. He was continually, noisy and talkative on parades. • Defendant said that the Sergt.Major had caught the wrong man—he was turning round in the ranks, but was not talking. His Worship said that there had apparently been a tendency to take matters too lightly, but he would’ take into consideration that McKenna had not been wholly responsible for the trouble. Defendant was convicted and fined £l, and costs 7s. . PARADING IN MUFTI. Desmond C. Smith was charged with failing to wear the prescribed uniform on a parade on June 18 last. ■ Defendant said that he had been under the care of the doctor with an injured .knee, and he could noit wear his uniform as putties made his bad leg swell. Kergt,-Major Busby said that Smith had continually appeared on parade without his uniform. His excuses were most unsatisfactory. Defendant had been given every opportunity to apply for leave to parade without uniform. Captain E. A. Porrifit said that he knew defendant well. On one occasion he had given him leave to parade without putties, but he must wear the rest of his uniform. The following drill night defendant appeared without his uniform again, and when questioned on the breach he said that the khaki trousers also hurt his knee. His Worship said that this case would serve as a warning to others, and he convicted and fined defendant £l, and costs 7s. LICENSING CASE. 4 woman was charged with failing to give her full name and address when ordering a case of beer from the Paeroa Brewery Co:, Ltd., to come into a no-license area, The Police stated that all persons giving an order for the supply of liquor must state their full names and addresses. This had not been, done. The name given was that of defendant’s son, who was not then in the district. The order had been given to the depot of the local Brewery Co. at Thames. Mr Pqrritt, for defendant, said that defendant’s son had been in the habit of getting a case of beer time to time. Prior to his going away he

left instructions with fthe defendant, who was his mother, to order a further case if necessary. The circumstances were perfectly bona fide, and the facts were as stated, but the defendant, had made a mistake in not signing her own full name, instead of her son’s. The, offence was admitted, although defendant had the full authority, of her son to sign and use his name.

His Worship said that there was evidence of bona fldes, but technically a breach of the Act had been committed. It could be quite understood that a woman would not think tq give her own name as well as that of f,he person for whom she was ordering the liquor. The case was dismissed under section 93 of the Licensing'Act with costs 7s.