MAGISTRATE'S COURT.

Manawatu Herald, Volume XLIV, Issue 2406, 18 March 1922, Page 3

MAGISTRATE'S COURT.

MONTHLY SITTING.

The ordinary monthly sitting of - Court was held in the:Court House yesterday morning, '. before Mr J. L. Stout, S'.M.

. ‘ ILLEGALLY ON LICENSED ■ X'i PREMISES. ; Charles Walbutton was charged with being illegally on the licensed premises of. the Family Hotel on the 21st January. Constable Owen said that at 8.30 p.m. on the 21st January he saw defendant come out of the Family Hotel under the influence of liquor. He had no excuse to offer. Accused was convicted and fined ' £2, with 7s costs. /. 'fir Frank Edlin and-James Collins, . charged with being illegaly on the icensed premises of the Family Hotel' on Sunday, 19th February, ■were both convicted and fined £2, with 7s costs.

’ ■ INSULTING LANGUAGE. Edward Boyle was charged by the Police wi(h using insulting language to Durey Ball, hairdresser, Foxton, outside-the Court House, on Monday •'last.' 1 1 >: .. Accused, for whom Mr Bergin appeared, ploaded not guilty. Constable Owen, in outlining the case, said that on Monday last a man, step-brother of accused, was fined for assault. Ball was a witness in the case, and after the Court had adjourned accused went up to Ball, as he was standing outside the Court House, and called him a age towards him. •, . ! Darcy Ball, hairdresser, in evidence, said* l that on Monday last he was a witness in an assault case in which accused’s step-brother was concerned. J Boyle, who witness knew well, was in the Court on the • ‘occasion. After the case, Boyle came up to him-and said, “What sort of a chap are you? You’re a police pimp; yon ;. You’re up here every day giving evidence against some one.' I ought to crack you, you crack .anyone going in to your shop?’ •

To Mr Bergin: He'never called me “Darcy.” There was no mistaking the word. He had known Boyle some time. He had previously given evidence against him in' a previous court case. Boyle was frequently in his shop. " ; Allen Walls corroborated previous statement.- He had not dis- . cussed the matter with Ball. That evening he went over to 1 Ball shop to,get A shave, and while there Conv stableD’Donoghue came in and ask- : ed’ Bail for a statement of what Boyle had said. He also, asked who else was there, and Ball had told him that he (witness) 1 had been there. He then made a statement to Constable O’Dpnoghue as to what had been said.

Constable O’Donoghue said that at’ 6.30 the same evening lie saw ac'eused in the Main Street, and served him.with the summons. Accused denied having spoken to Ball that <law. 'He said lie would refuse to accept the summons. .

Mr Bergiri said that; accused denied using the language, and could only think that Ball and Walls had made a mistake in the words they bad sworn to him saying. He had said “DaTcy” several times while talking to him, and this was pro- , bnbly taken for the other word. ./Edward Charles Boyle said that 'jibe had,been present at the assault case, and had met ( Ball outside. He respected Ball more than any other chap in the town, and had gone ; up to him and Bad given him a little qidvice. He never used anv insulting language. He had said:.“What sort of a chap are you? One of these days a chap will be cracking V you. You don't get any medals for hanging round the police. Mark my words, for that, Darcy.” Ball said/ “Alright,” and walked away. He. was. subsequently served with a summons for using insulting language towards Ball. He said the whole .thing must have been “a plot.” He interviewed Bill’s father, and told him that someone had put Darcy up against him. He denied using the, language mentioned in the, summons. .He never threatened' to . “crack” Ball.

; To .Constable Owen: His stepbrother being fined had nothin" to do with him. He. did not pay the . fine! ? The'Magistrate said there was no reason for the other two witnesses to swear that accused had used the language mentioned if he hadn’t. AcV.’ cused was probably heated over his Vstep-brbther being fined, and had used language out of the ordinary.He would take into consideration that accused was heated at the time. T , - • Accused was convicted and fined 40s, with 11s costs, to be paid within 14 days, in default 14 days’ imprisonment. , V;' BREACH OF BYLAWS. , (■}■’ M Karl Lundquist was charged with riding a bicycle without a light, in .... the main thqroughfare, on 13th "'March. Constable O’Donoghue said tbpt , at about 9 p.m. on the date in question he met accused riding a bicycle in Main Street, without a ligHt. Accused had no v excuse to offer.Fined ss, with 7s costs. MILITARY OFFENDERS. Walter Blanche; H. M. Simmons, C. T. Shaw and Herbert Dixon Mc- <*!&_"■ Tver, Senior Cadets, were charged with failing to attend a parade held )/••/; .at Foxton on: the 10th February. Simmons pleaded guilty j and the others made various' excuses, from sick headaches to playing tennis. ' Each were convicted. and fined •‘ ! ' ss, with' 7s ‘costs. . v -

Alf. O’Reilly, R. N. Shaw, and A. J. Cummerfield, Territorials, were charged with failing to attend a parade held in Foxton on the 9th Febsummoned for them.

Sergt.-Major Peare pointed out that no excuse had been sent in. Had he received excuses probably there would have been no eases. the ease of Shaw, he should have 1 known better. He had just been made, a N.C.0., and should set an example. His atiendance was irregular. ,The others attended fairly regularly.

Alf. O’Reilly was convicted without fine, and the other two were convicted and fined 10s, with 7s costs. STRAYING CATTLE.

S. L. Collett was charged with allowing three horses belonging to him to roam on the MangawhataPalmerstdn road. Accused said that two of the horses were.tethered.

It was pointed out that this did hot alter the case. Convicted and fined 10s, with 7s costs.. ■ * ,

L. Bishop, of Mangawhata, on a charge of .allowing five calves and a horse to yvander on the Manga-whata-Palmerston road, pleaded not guilty. Richard Walters, County Ranger, gave evidence as Yo impounding a horse belonging to accused, and to driving five calves, which were in front of accused’s property, into his paddocks. He could not swear to the calves being accused’s.

Accused said that the calves did not belong to him, and he was only summonsed for them.

The Magistrate said that as that was so the case would be dismissed. James Groome, Himatangi, was convicted and fined 10s, with costs 7s, for allowing a horse belonging to him tQ wander on the road.