LAWRENCE MAGISTRATE’S COURT

Mt Benger Mail, 19 October 1938, Page 3

LAWRENCE MAGISTRATE’S COURT

SHOTGUNS AND ROAD SIGNS TWO OFFENDERS PUNISHED A sitting of the Lawrence Magistrate’s Court was held on Monday before Messrs R. F. Batchelor and J. W. Mair, Justices. Thomas Robert Welsh of Beaumont and Hugh Muir Miller, Dunedin, carrier, were charged that on June 14 they discharged a shotgun at three motor signs, thereby committing mischief and damaging to the extent of £2l2s 6d,signs the property of the Otago Automobile Assn. Defendants were (proceeded again(st (also for discharging a firearm without reasonable cause to the danger of the public in a public place, i.e., the Rae’s Junction - Tapanui road. Miller was further charged in respect of an identical offence on the Clarksville-Alexandra main highway. Welsh (Mr R. C. Moore) pleaded guilty of wilful damage of the one sign but technically not guilty of the discharge of a firearm to the damage of the public.

For the police Constable T. W. Parkhill contended that it was not necessary to prove that any members of the public were on the road at the time as it was pitch dark at the time.

The bench upheld the police view, and on the charge of wilful damage to two signboards, Miller (who did not appear) was convicted and fined £4, with Court costs 10s, and ordered to pay for two signs valued at 355. On each charge of discharging a firearm he was convicted and fined £1 with Court costs 10s. The bench decided to extend leniency to Welsh because of his family. On the charge of damaging one signboard he was convicted and ordered to pay Court costs 10s.

Constable Parkhill explained that an automobile patrol had reported the damage to the police, and after inquiries he had traced the offenders. Welsh and Miller went deerstalking on the Tapanui side of the Blue Mountains on Friday, June 24, It was dark when they came out of the bush, they partook of some liquor, and on the return home, Welsh fired at a signboard on the top of the hill. They went on and going down the Rae’s Junction hill, Miller also fired at one or two signs, the first on the Beaumont side had a hole blown through the board, and the second a further two holes—one at either side of the upright. The gun must have been discharged at close range. Constable Parkhill also pointed out that Miller as a carrier between Dunedin and Queenstown must have realised the value of the signs to the general motorist and no doubt it was wanton destruction and in the circumstances he had no alternative but to ask for a substantial penalty.

Penalties as detailed were imposed.