S. M. COURT

Manawatu Herald, Volume XLIV, Issue 2422, 29 April 1922, Page 3

S. M. COURT

The monthly- sitting of the local S.: Mr Court was held yesterday. - Mr R.N. Watson, S.M., in the absence of Mr J. L. Stout, S.M., presided. ,; • VIST IC ENCOUNTER, jfi.f dtpberl B'atrick, Ilazeldean (Mr eßergin) and Alexander Watson were -eharged by the police with a bread) /•of,the pence in Johnstone St. on March 27th. Both accused pleaded guilty. ■ •• , • Constable Owen stated that on the date in question a strenuous fight took place between the accused, the culmination. jof ill-feeling. It was not clear who was the agressor. Both men were badly knocked about and had to receive medical attention. Nothing was previously known against .the,characters of accused. Watson lnid met with an accident to

hi,s arm prior to the fight, which the

rough-and-tumble had aggravated, j and there was a possibility of his ‘ losing his arm., The Magistrate said the law did

not allow men to settle their differ-

ences by fighting and the Police Offences Act provided a penalty of £5. Taking Watson’s injured arm into consideration, he would be convicted and fined £2 and 7s costs. Hazeldean would be convicted and fined £3 and costs 7s. Mr Cooper on behalf of Watson asked for time to pay and the Magistrate left this to the .discretion of the police. BRECH OF PROHIBITION ORDER.

Joseph Hannan, alias Gannon was charged by the police with a breach of prohibition order on the 15th, April. - Constable O’Donogliue stated that the accused had been airested for drunkenness. This was his second breach of the order and there were four previous convictions against him for drunkenness. Convicted and fined £5 and costs 7s, in default three .weeks gaol. BREACH OF BOROUGH BY-LAWS.

Robert Andrews, on two charges of riding his bicycle on the footpath, contrary to the by-laws, was convicted and fined 7s and 7s costs on each charge.

William King, charged with riding his bicycle on the footpath in Union Sr. on April 4th, was convicted and fined 7s with 7s costs. William Cottingham was charged with riding his bicycle without a light, and was fined 10s, with 7s costs. / FAILING TO ATTEND DRILL.

Alfred John. Pratt, who did. not appear, was charged with failing to drill on the 9tli February. ' Sergt. Major said that Pratt had a bad attendance recor| and had not notified.the Department of liis change of address. He was not now in the district. Convicted and fined 10s and costs 7s. FAILING TO DELIVER ' MILITARY CLOTHING.

Staeev Crighton was charged by the Defence Department with neglecting to deliver on demand certain military clothing valued at £fi Os 2d. .Accused did not appeal 1 , but sent a letter to. the effect that he had only received a tunic, eap and trousers.

' Sergt. Major Peare said that accused had not'notified his change of address. Clothes had been issued to him in camp in 1918. John • Golder, uncle of Crighton, produced a cap and tunic, left at his place by his nephew. He had endeavoured to find his nephew’s address but he had shifted from place | to place, i He did not know what had become of the trousers. Pined 20s and costs 7s and value of trousers, 1 18s Bd, to be refunded to the Defence Department. * .1 ABUSIVE OK THREATENING > Vincent McDowell was charged by- Norman Edward Hughes with using abusive or insulting language in a lane off Main Street on 26th March. Mr Merton appeared for complainant and Mr Bergin for the defendant, who pleaded guilty to using the words complained of. Mr Merton in outlining- the ease sought to prove that the right-of-way was a public place within the meaning of the Act. < Douglas Lionel Gray said he was in company with complainant on the ■ date in question. He saw McDowell come from the rear of the workshop and heard him use the words complained of. McDowell was in the right-of-way when he used the words. The workshop was about , 35ffr: from the Main St. and M - Dowfeli could bo heard in the Main . St. by any one passing. Norman Edward Hnghes said McDowell was standing, in the right--of-way when he used the words. He (McDowell) threw off his coat and wanted to fight. The words could easily be heard in Main St. The right-of-way gave access to his workshop and was used by the public. Access to the workshop was also possible through the shop.

- Mr Bergin argued that the language was not used in a public place. It was a private right-of-way, which could be closed at.any time. The offence did not come within the seeton of the Act.

W. Trueman, Town Clerk, gave evidence to the effect tha.t the rights of-way was the property of several owners. ,-The Borough Council had no jurisdiction over it. The public used it as a means of access to the ' rear properties.

Victor McDowell, baker’s labourer, admitted using the language and described where he was in the right-of-way. , r After hearing legal argument and ■authorities, the Magistrate held that the right-of-way was not a public

) place within the meaning of the Police Offences Act and dismissed the

case accordingly'remarking that defendant’s client was lucky. Costs 2s were allowed defendant. CIVIL-..CASES.

Judgement was entered was entered up for the plaintiff in the following civil undefended casesE. ProLt and Co., D. W. Robertsons assignees (Mr Cooper), v C. Lawson £l2 13s 4d,.costs £3 fis Od; same v Ki-wa Patea, .£7, i-tisfs £3 11. S Od : Pratt and Co., (assignees of A. N. Smith v W. Ilynes £1 lbs Od, costs 13s; V. McDowell (Mr Bergin) v A. Allbrey £1 14s Od, costs 14s; Foxton Motor and Engineering Co.. (Mr Bergin) v M. Tippler £7 9s Od, costs £1 10s (id.

In the defended case defended ease R. Walter (Air Bergin) v J. Puklowski (Mr. Cooper), claim £3 Iss Od, for services rendered, judgement was given for defendant with costs £1 4s Od. JUDGEMENT SUMMONS.

H. Parfitt was ordered to pay V. McDowell £5 10s 2d forthwith, in default seven days, warrant to he suspended so long as debtor pays £2 per month, firs! payment Ist, June.