DAMAGE TO PALMS.

Manawatu Standard, Volume LVIII, Issue 53, 31 January 1938, Page 6

DAMAGE TO PALMS.

YOUNG AIAN BEFORE COURT. ORDER FOR RESTITUTION. ' Commenting that he had taken into consideration accused’s youth _ and the fact that he was under the influence of liquor at the time. Air J. L. Stout, S.AI., in the Alagistrate’s Court at Palmerston North to-day made an order for the restitution to the extent of £lO by James Lobb, a farmhand, aged 20, of Feilding, who was charged with wilfully damaging nine Phoenix palms, valued at £27 iOs, at the Esplanade on November 30 last. The Alagistrate stated that accused was liable to two months’ imprisonment on the charge, and issued a warning that if there was anv more deliberate mischief of that nature a term of imprisonment would be imposed. Senior-Sergeant Alclntyre stated that, accompanied by two companions, accused had come from Feildmg and they had consumed seven bottles of beer at the Showgrounds on the night of November 30. They left at 11.30 p.m., and accused then drove to the Esplanade, apparently with the object of “seeing what he could see.” Accused then started wilfully to drive over a row of Phoenix palms. His companions warned him that he would get into trouble but. unheeding, he turned his car round and drove back over the palms again. Appearing for accused, Mr J. AI. Gordon said his client had certainly driven over the palms, but said that only five were involved; also that, although one showed signs that it misht die, the others were recovering. - The palms could be purchased for 7s each, or 72s a dozen. It was considered that even if nine palms were damaged the assessment of their value was excessive. Undoubtedly it was a stupid and senseless thing to have driven over them, but accused had not been in troub’e before. His people were prepared to make immediate restitution, but considered the claim made for the dsmnn-o wpo excessive. Stating that it was a case of deliberate mischief in a public garden, the Alagistrate' refused a request for the suppression of accused’s name. Called to give evidence concerning the value of the nalms, Air P. Black (city curator) said they had originally’ cost 10s each, hut were now worth £5. on account of the growth they had made since they were planted four years ago, and could not be replaced by plants of their present size. Thirteen had been damaged, two being kilLed, but the remaining eleven, though buffeted to a considerable extent, were likely to recover. It was the third occasion on which the palms had been damaged by cars. The Alagistrate convicted accused and ordered him to make restitution to the extent of £lO.