MAGISTRATE’S COURT

Otago Daily Times, Issue 26641, 11 December 1947, Page 3

MAGISTRATE’S COURT

Lengthy Sittings

Long sittings of the Magistrate’s Court were held in Oamaru on Tuesday afternoon and Wednesday, before Mr J. D. Willis, S.M. James Raymond Park was lined £7 10s (costs 10s) for being in possession of intoxicating liquor in the vicinity of a dance hall. Charles Orbell Hartslett was fined 30s (costs 10s) for failing to give the right of way to pedestrians. Basil Upston Stanger was fined a similar amount for failing to give way to traffic on the right. For driving without due care and attention, James Edward Pope was fined £2 (costs 10s). For driving over a railway crossing when the line was not clear, William James Chappell was fined £1 (costs 10s). Inspector G. A. Ferguson (Transport Department) proceeded against Albert Edward Bee for exceeding the maximum speed limit for a heavy motor vehicle, and the defendant was fined £2 (costs 10s). Defended Cases The police proceeded against Arthur James Watson Baker for driving without due care and attention. Baker pleaded not guilty and was represented by Mr C. Zimmermann. Francis Andrew Ross said he was driving cattle on the highway south of Hampden. The defendant’s car hit two or three beasts, knocking one over. The car did not stop, and he gave chase on his horse and got near enough to it to get the number. He then informed the police. Charles William Wray said he saw the car hit a beast and knock it down. The driver had ample time to notice the cattle. The defendant said a beast crossed the road and when he was about 10 to 15 yards from it. three or four more crossed the road. He swerved to avoid them, but missed the first and hit the second. He did not see Ross or his dogs at any time Corroborative evidence was given for the defence by William Hall, a passenger in the car. The defendant was fined £1 and costs (10s). Supplying Liquor Teresa Stickings, licensee of the Glencoe Hotel, Glenavy, and Maurice Leonard, barman, were both fined £2 and costs (13s) for supplying a young person with intoxicating liquor. Evidence was given by William Leslie Anderson that he was 19 years of age, and that he had consumed beer and taken beer away from the Glencoe Hotel on October 22. When asked by Leonard his ag9 he told him he was 21. Similar evidence was given by Ronald' Douglas Aitcheson. Mr C. Zimmermann appeared for the defendants. The magistrate said he would not convict on Anderson’s evidence, but it was apparent that Aitcheson was under 21, and therefore the defendants must be convicted. The magistrate warned the youths against entering bars before they were 21. Sequel to Collision Alfred Wallis was fined £3 and costs (13s) for failing to keep to the left. Robert W. D. Maxwell, senior inspector of schools, said that, When negotiating a bend on the Five Forks road he came into a head-on collision with a truck driven by the defendant. He swerved to avoid the collision. Wallis was on his wrong side, and denied all responsibility. Wallis, for whom Mr A. Hamilton, appeared, said that he was passing cattle. Maxwell did not reduce speed. , When about five yards in front of the cattle witness tried to get back on his correct side, but before he could do so the impact took place. Imposing the fine, the magistrate said the defendant admitted he was on the wrong side of the road, and that was all there was to it. Claim for Possession J. A. and M. Strachan (Mr Salisbury) claimed possession of rooms in a dwelling from A. V. Taylor (Mr Ward). The plaintiffs purchased the property in July, 1946. Mr Salisbury referred to the sections of the Fair Rents Act under which the proceedings were being taken, and,' after both counsel h'ad conferred, the plaintiffs elected that a nonsuit be issued. Costs amounting to £4 4s were awarded to the defendant. Claim for Money John Dominic Kane (Mr C. Zimmermann) proceeded against Phyllis Gibson (Mr B. A. Quelch) for £IOO, allegedly the purchase price of certain articles of furniture, linen, cutlery, tools and fencing materials, and £2O for money lent. Evidence was given by the plaintiff, the defendant, by Percy Gibson and Mrs Mary Ferguson. _ , The magistrate said he was satisfied there had been some gross mis-statements during the course of the evidence. Plaintiff had failed to satisfy him that he had established a claim. Judgment in favour of defendant, with costs (£6), was awarded. Claim for Services The Waitaki County Council (Mr J. H. Main) claimed £8 9s 2d from Edith Ann Pugh (Mr A. Hamilton) • for work done and services supplied. Evidence was given by James Walter Rodger, Arthur Nuttall, by the county clerk, by Samuel James Wilson, and the defendant. , . Judgment was entered for the plaintiff for £3 9s 2d (costs £2 7s). Judgment by Default Judgment by default was entered for the plaintiffs in three civil claims:—Victor Nelson (Oamaru), Ltd., v. W. C. Currie, £2l 2s 6d (costs £4 3s 6d); G. P. Webb v. W. C. Currie (costs £1): Victor Nelson (Oamaru), Ltd., v. Robert Barr (costs £1 17s 6d).