TE KUITI MAGISTRATE'S COURT.

King Country Chronicle, Volume VII, Issue 591, 6 August 1913, Page 5

TE KUITI MAGISTRATE'S COURT.

AUGUST sth, 1913

Before Mr E. Rawson, S.M. Breach of By-law.-For driving a horae and cart on the footpath in Tauprii street, Emil Freidrickson was fined 103 and Ts costs. Insobriety.—James Smith, on two charges of drunkenness, was convicted and fined 5s and 10s, and costs on each charge. On a charge of using obscene language the same accused was convicted and fined 20s end costs, or in default one month's imprisonment. A term of one month was allowed in which to pay. THEFT OF BILLIARD BALLS. Albert Frederick Clark was charged with the theft of nine billiard balls, the property of 11. Hetet. Mr Sharpies, who appeared for the accused, pleaded not guilty in order to elicit the facts of the case. Sergeant Howell gaid the facts were that on the night in question (Saturday night) the accused, who was under the influence of liquior. went to the premises of H. Hetet and remained for some time talking to the manager, F. P. Wilkie. When tne accused left the room it was noticed that he had something bulky m his hip pocket, but as that was a common repository for whisky no notice was taken of the matter at the time. Later, when the loss of the balls was discovered, information was given to j the police and accused was arrested, j The balls had been recovered. j F P Wilkie gave evidence to ihe I effect that accused called him into the j office on the Saturday night in quea- j tion and talked about witness' horse Accused was drunk but witness could j not say whether he was helplessly i drunk. ._, .! Sergeant Rowell gave evidence as to j charging accused with the theft on ; morning. Accused denied j havine taken the bulls, but later when i they interviewed Wilkie accused ad- , mitted having the balls. Witness said he kne v accused well and gave him an excellent character. he nad never known accused to drink prior to comire: to Te Kuiti, but like a good many others he appeared to _ have given way since coming to this district.

Accused gave evidence on his own bbalf stating he had come from 110 Pio to interview a dentist. He had no food during the day and had taKen several whiskies. He had no recollection of what happened on Saturday night. He admitted having denied to the Seraeant that he had taken the balls. He did so because he had get a shock, and did not know what to say. G. McKay, by whom accused was employed, gave accused a good character. He had always found him honest and trustworthy. .

His Worship, in delivering judgment, said he was not convinced that accused did not know what he was doing, though doubtless his action was greatly influenced by drink. He did not think it was a case for imprisonment Accused would be required to come up for sentence when called upon. LIQUOR BREACHES. Osmond Le Page was charged that on the 2nd, Sth. and 12th May he gave wrong orders for liquor. Defendant waa also charged with keeping liquor for sale. Mr Finiay appeared for accused and entered a plea of guilty. Addressing the court in mitigation of the offence, Mr Finiay stated defendant had go 1 : into serious financial straits in consequence of losses on a contract. Defendant had also suffered sever? domestic losses, and he had no doubt been driven to endeavour to get ready ca=h in the manner indicated. He made a strong appeal to the court to temper justice with mercy. His Worship said the circumstances certainiv were different to the usual case of the kind, Defendant had apparently discontinued the practice, voluntarily, and that was much in his favour. On the first three charges defendant would be convicted without fine, and a fine of £lO would be inflicted on the other charge.

ALLEGED THREATENING BE HAVIOUR.

W. H. Collett, for whom Mr Sharpies appeared, complained of threatening behaviour on the part of William Carroll, and asked that the latter be bound over to keep the place. Mr Finlay appeared for defendant. " Evidence was given by Mrs Coilett as to defendant using threatening language to her concerning her husband The language complained of consisted of threats to murder, coupled with lurid language. The defence consisted at a Uau denial of the use of the language by the defendant. The defendant's story was corroborated by W. Marsuen Who was sufficiently close to the parties at the time of the _ meeting to hear mostof the conversation. His Worship refused to ma« an order, saying he was convinced there Was nothing to fear as ,ong as the Woman kept a civil tongue in her head. Costs were allowed to defendant. CIVIL CASES. Judgment for plaintiff by default was entered in the following undefended cases: - Dooley ard Co. v Dire Us 3d and 5s costs; Cotter Sroi'v. Lloyd, £7 8s 4d; Pomeroy Tel . v Aldr-ri, £4 4s 6d - 17s; and Co. v. Aiar XJ' D , d £4 __ ion; Thompson v. Meuonaia, ~- > Ellis and Burnand V, Horn, £l4 la 3d _U- game v. Wihana Horn, £3 7s ld -14s6d: Hawley v Rawm 12s ecrand S Son £ s%.^H ar eHaU w £ls ? 3 8d-£3 4s: Graham v. Barlow £4 Z 3d _2B 3; Hillary v. Aklied kll ?7„ 9rl—P2 Ha; Waitomo County 1,8 ~ °" rr arr i9 fl 4d— 12s; Bacon SToiletil -£2 4s C 6d; Newberry V Sewer £3O, -£2 14s; same v. m r.U violas Gd; Hawley v. McCo , IK », r.' Te Kuiti Borough Matuku. *l--8. A* * £2G 5s Council v. laonui ana r , g . —- £3; same v - ti ' newi '

Id—l7s 6d; Cotter v. Cooper, £1 15s b's; Tammadge v. Cooper, £1 4s—ss; Scott v. Carnell, £1 8s 5d —ss; Waitoaio County Council v, Thwaite, £l9 6s 9d—3os 6d; same V. McDonald, £4 12s 10d—24s; same v. Aldred, £5 Os od—23a 6d; McDonald v. Tuheka, £ll 3s 6d—l2s 6d; Kehu te Maraku v. Te Maru te Hakeri, £54 12s Sd-£2 14s; Waitomo County Council v. Saunders, £1 14s 5d—303. Forsyth v. 'Hetet £lO 2s—£2 Sa. JUDGMENT SUMMONSES. Orders were made in the following cases:—Smith v. CoHstream, £5 3s; Hawley v. Hukarere, £2 ss; IMPOUNDING CATTLE.

S. Warren, a Tangitu settler, was charged on the complaint of J. W- Orr with illegally impounding catle, the property of complainant. Mr Hine appeared for the complainant and Mr Sharpies for defendant. The facts as stated by Mr Hine were that the parties were neighbours and the boundary fence between the two was supposed to be erected by each erecting half. Complainant hid erected his portion of the of the fence and some of his cattle had strayed on to defendant's property. Defendant kept the cattle in hia yard and subsequently drove them to Waimiha station and trucked them from there to Tauma runui where they were impounded Mr Hine claimed that defendant's action was illegal and claimed the amount of £5 8s which complainant had to pay ind also damages The stow was borne out in evidence by complainant, who stated the road was 30 bad that the cattle could not be brought back. It would probably not be safe to bring the cattle bark until the end of October.

Leonard Orr, son of complainant gave evidence concerning the boundary fence between the two sections.

Evidence relating to the impounding or the cattle was given by the poundkeepar at Tauiiiarunui. Mr Sharpie?, for the defence, said defendant's ~-tory was somewhat different from that of Mr Hine's client. There was no suggestion by the defendant that he had impounded complain ant's cattle on his own property. As a matter of fact defendant hhad sent word to complainant to come and get the cattle if they belonged to him otherwise he would impound them at Taumarunui.

Defendant, in evidence, bore out the statement of counsel. He further stated he had employed n man named J. L. Guilford to drive the cattle out to the railway and truck them to Taumarunui.

Mr Hine submitted that the cattle had really been impounded by defendant on his own property and had committed an illegal impounding. His Worship reserved judgment in order to consider the law points raised.