S.M. COURT

Manawatu Herald, Volume XLVII, Issue 2965, 21 November 1925, Page 3

S.M. COURT

MONTHLY SITTING,

The usual monthly sitting of the local S.M. Court was held in the Courthouse yesterday, before Mr. J. L. Sout, S.M. J. E. Tollison proceeded against A. Stevenson on a charge of assault. Constable Ryan conducted the ease on behalf of plaintiff and Mr Grant appeared for defendant. Evidence was given by Tollison that the trouble had arisen over family matters. He had gone to defendant’s place to show him a letter lie had received from defendant’s mother. , After some argument he had turned to get his bike to go away when defendant struck him from behind. To Mr. Grant: Witness was annoyed when he received the letter and went round to defendant’s immediately with it. Admitted the letter had nothing to do with defendant. Denied that defendant said he would squash the trouble for him. Constable Ryan gave evidence as to the laying of the charge by Tollison, whose eye was considerably knocked about at the time. Defendant in evidence, stated that Tollison had come round to his house at dinner time on the day in question, and had handed him a letter and asked him to read it. The letter was purely concerning family affairs and witness said that it was “pretty hard” and told Tollison he would squash the matter, which he could have done. Tollison, however said that he was going to take the letter to a lawyer. Witness then said that if that was the case he was on his mother’s side. Plaintiff then made a disparaging remark concerning witness’s mother and he struck him. Tollison grappled with him and tore witness’s shirt and singlet. Witness was sorry for what had happened but any man in his position would have done the same as lie did. Witness had not told the police of the facts when interviewed. Mr. Grant said that the whole thing was a family .matter and should never have been brought before the court. It was a trivial thing and could easily , have been cleared up. The S.M. remarked that defendant should have told tho police all about the affair when they accosted him on the njatter and not kept the facts of the case secret. A fine of £2, with costs 7/- was imposed.

E C. Boyle was charged by the Police with (1) disorderly behaviour, (2) using obscene language and (3) being a rogue and vagabound, in that he was found in an enclosed yard at night withput lawful excuse. Mr. Bergin appeared for accuscd* Constable Ryan outlined the case for the police and called S. Davey. Samuel Davey, in.-evidence stated that Boyle had terrified he and his son on the night of 31st October by challenging them to come out and fight at about 10.15 at night and by using obscene language. Accused knocked on both doors of the house and called on witness to come outside. , * . S. Davey Jnr. gave corroborative evidence and slated that he had rung for the police. Edward C. Boyle, in evidence, stated that he had ridden to town

on horseback on the day in question. He met a friend and had a few drinks. Later that evening the two of them were in Easton Park when his friend left him to do some business up town. Just after he left witness got word that his horse had broken loose and went off after it on his friend’s bike. The horse made for home and he could not catch it. The language used outside Davej'’s house was to the horse and not Davey. He had gone to Davey’s house to get his assistance to catch his horse.

The S.M. said whenever Boyle got drinking he was a nuisance. His list of previous convictions were all due to drink. If Boyle agreed to take out a Prohibition Order he would inflict fines on this occasion.

Boyle agreed to this and fined 10/- on the first charge and £2 on the second and the third charge was dismissed.

CIVIL CASES. Plaintiff by default was entered in the following civil undefended cases:—Pearson and Head v. B. Dailey, £3 4s Id, costs 12/-; Barr and Tyer v. J. A. Nelson £1 17s Od costs 8/-; T. W. Winstanley and Son v. J. McGregor £5 10s lid, costs 15/-; same v. A. McGregor £4 lfis lOd, costs 8/-. ' JUDGMENT SUMMONSES. Haena Wi Hemara was ordered to pay A. N. Smith £3 19s 6d within 14 days, in default,-.7 days imprisonment. Kauri Patea was ordered to pay A. R. Osborne £5 11s od, forthwith, in default 7 days imprisonment, warrant suspended so long as defendant pays £1 per month. Ist payment 18 December. BY-LAW CASES. A. C. Langshear for riding a motor cycle without, a license was fined 10/- with costs 7/-. R. Andrews, for riding a bike after dark without a light was fined 5/- with costs 7/-. 11. Currie for hawking without a license was fined 5/- with costs 7/-.