COURT NEWS

Opotiki News, Volume I, Issue 80, 7 September 1938, Page 3

COURT NEWS

WOMAN. ASSAULTED , STRUCK WITH' 1 HEAVY BOOT BEN HERE!) UNCONSCIOUS The monthly sitting of the Opotiki Alagistrate's Court was held yesterday morning before, Air E. L. Walton, b. AL There was a fairly lengthy list of oltonces, mainly in connection with traffic olfenecs.

A Alaori, Gki Waiapu was charged by the police that on July VKJtli. at 0--mariimutu lie assaulted a woman, Airs Kelly by striking her on the head with a hoot. Accused pleaded guilty. lit detailing the circumstances, Sergeant J. Isbister said that a tangi was being held at the time and a number slept in the meeting house. Airs Kelly got up in the night and walked, across the fleer to the switch and aparpcntly disturbed the accused. She put on the light and then walked hack to her bed and was followed by the accused who hit her on the head with a hob-nailed hoot. She was rendered unconscious for some time. When lie (the sergeant) went out the next day she was still suffering from shock ami had a wound on the right side of the head about an inch long. She went to the doctor on his advice. The accused when interviewed sa.id lie thought, the woman was going to stea! money as Ids hi,'other bad a lair sum in bis clothes.

A fine of Co was imposed by the magist rate.

CHARGES AGAINST NEWSPAPER I’BORER WAGES BOOK NOT KEPT FAILURE! TO PAY OVERTIA! E INS VTA TOR AV iNS CASES \ The Department ol Labour, represented by inspector .H. T. Hrjiy.sliay, proceeded against, the Bay of Rlenty cross Co. ior lailuie to record hours worked b\ an employee. Air Hodgson \\Jio appeared tor the defendant company, entered a piea of not, guilty.

The company was Blither charged with a breach of Typographical Award in that it failed to pay overtime and claimed a CIO penalty.

** The inspector stated that Air Ilyndman had worked overtime and had asked for payment but bad been refused. All - Bravsliay then brieily dc'seribed a linotype machine worked by Air IJvndiiian.

The inspector ihoii entered the witness box and said that Ai’r Hyndman had been working overtime hut was not being paid for it. The manager of the Opotiki branch had been interviewed and the wages hook inspected. There was no record ol overtime kept. The department had received a similar complaint in November last and had then advised the company that the actual hours had to he shown in the wages hook. AJr Myndmau was supposed to work 40 hours ordinary time. The worker when interviewed gave a statement ol hours worked. The manager (Mr W. Seo'tt) had agreed some overtime: had been worked, lie had. been told that'some overtime had been paid hut found only portion had been paid. To Mr Hodgson the inspector said one of the dates mentioned would he as stated by .Mr Hodgson. He admitted that 'there was a wages hook in which wages received had boon signed for.

When questioned by Air Hodgson in" connection with a settlement made by Mr Hyndman ancl the company the inspector said that it an outside setlcment was made it was contrary to the award. The worker said In l had received £25 out of a total claim of about £9l. Hyndman said he had accepted the amount in lull settlement.

Tn reply to Air Hodgson the inspector said the department could not agree to compound the claim. The claim of £94 covered the full period of .service from January to April. Robert Hyndman in. evidence, said ho was a printer and, had been employed by the defendant company as a linotype operator and was paid £5 10s weekly. He said he was supposed to start work at l p.m. but he had hehn told to start at 10 a.in. The earliest he had finished work was in time for the pictures. The latest lie

had finished work was. 8, o’clock the following morning. 'lhe average time he finislied jvas about 11.80 p.m. Sometimes lie went for lunch and other times he didn’t. When lie went to Opotiki from Whakatane ho was told lie was to take orders from Mr Beckett in Whakatane. .It was a peculiar arrangement. He put in a. claim for overtime after the first month. Another worker who had helped him had been paid overtime. Witness put in liia overtime and had been paid some in 3lay. He was feeling not too well and had seen a doctor , who advised him to give up work. 1

Witness said he saw Mr East and Mr Beckett came, over and offered him £ls. He knew the Department was dealing with the matter but lie had heard nothing for "two weeks. He hadn’t got his ordinary wages and was short of money and accepted: a smaller amount than was owing. The machinery in the office was in bad order. Mr Scott 'told him to carry cm and do liis best. The distributor bar on the linotype was worn and let down the letters into wrong channels. He was also short of matrix (letters) .and when he asked for some did not get the required number. The petrol burner was also burnt out. He had had it repaired but it.was not any good agaiji. He had used benzoline when he first went, to the office and had then used benzinei * but. this had given slow heating. Tie had told Mr Scott’.about it but nothing was done. He get paper supplies from Wltakntnne. There was a good supply when lie first went hut later on the paper came even* from Whakatane. He only got two days’ supply at a time. Itt; printed 400 copies. The machine had a speed of GOO per hour and it took him 45 minutes to print the paper if everything went right. He had served his apprenticeship at the Southland Times.

Sir Walton at this stage asked what they were leading up to as it did not appear lo have any hearing mi the charge.

Mr Braysliay said lie understood that the defence would i he “iucompeteney”. 31 r Hodgson said that was correct and they intended to claim incompetence on- tile part ol the worker.

3fr Walton said the remedy would have been dismissal. It was admitted that the worker had put in sonic overtime.

_ 31-r- Ifodgson claimed that on liis merits the worker was not entitled to overtime.

The magistrate said that if the company said the- employee was not competent then they knew what to do. 31 r Hodgson said that it was impossible to get linotype operators in Now Zealand at the time. He also stated that no hours bad been put in in support of the claim. Witness said he could not remember ever saying to 31 r Beckett that lie would accept- £lO in settlement.

Witness said ho had not been dismissed from the firm. He was now doing odd jobs and had a small printing plant. 31 r Walton fined the company Cl and costs on the first charge and on the claim gave judgment for plaintiff for £2 and costs. TRAFFIC OFFENCES 31r S. 31. Jephsen (31 r. N. V. Hodgson) was charged by the police with failing to keep to the left at the Waioeka bridge. Sergeant Jsbister said that 31 r R. Neal was driving in a westerly direction and when near the western end of the bridge another' car swung on to the bridge. .V collision occurred and Jephson’s car was on the wrong side. 31 r Jophson had explained that three women were on* the bridge and lie bad swung out to pass them and this was the cause ol the accident.

31 r Hodgson said the sergeant’s statement wa« hardly correct as the collision occurred on the approach to the bridge. Three women were walking abreast cm the bitumen and Mr Jopliscm had moved over to pass them-

Defendant was convicted and fined £1 and costs.

3lr Julius 3leier was charged with failing to give way tc> a vehicle approaching from the right. Sergeant Isb is tor described the collision at the corner of Church and Ford Streets in which a- car driven by 31 r G. Watson was struck. Defendant- had stated be couldn’t see on account of the sun shining into liis ey&s-. Defendant was fined £1 ond costsMr K- Neal was charged with not having a warrant of fitness on his car. Defendant explained that he was driving liis father’s car and was

visiting his •father in the Opotiki hospital and didn’t know about the warrant of/fitness. Mr "Walton pointed out that To was tli'ejSuty of a driver: to see that a/warrant of fitness anti finea defendant 10s.

Mr G. E.. Watson was charged with haying 'no warrimt of fitness "for his car. Fined 10s and. costs; • > Mi- S. Welsh was charged, with rid-, nlatcjr-c.ynfd'on 7th. August without. a clrijrei'-s ■'.license. Sergeant Tsbister said that defendant had borrowed a new motor-cycle to. l ide around the block.' When near the police, station, lie missed the gears and lost control (if the .machine and crashed into the * v court 4 tench; . which Was damaged to the extent of £2 tOs. The motor-cycle was also considerably damaged. Defendant was convicted and fined; os ; aiid costs. When the sergeant askeql about the' damage to t.lio fence the* magistrate said lie had no power to make an order. An action for the damages could he brought against the defendant. The: borough traffic inspector,. Mr .J.

• V x* •; ;// ■ H. Morelf”,preceded against^the following ! motorists: — ‘

Mr H. Herirttfnson was . charged; with having no' driver’s license and also not having the current year’s number plates.'

Mr Murray, \for • defendant, said that Mr Hennanson lived at Takaputa'lii in the backblocks, and the loads for a long period- had been almost impassable. When Stopped by the inspector it had' been the first time lie had beep,, ip. toAyp for a long time and he had come in for. the special purpose of registering the truck- The magistrate ’said that in view of the circumstances he would convict defendant and order payment of costs on the first charge and on the second: charge defendant would ho discharged. Mr T. J. Palmer was 'charged that on July 29 he exceeded 30 m.p.h. in a. restricted area. Inspector,.Mbroil said he followed defendant’s car aJong St. John Street for two ,blocks and the speed was 3S to 40 m.p.h. Defendant sard lie had been driving a truck and when driving the car, which was not fitted • ■ with a speedometer, did not know he was travelling so

fast. ’. .v fine was imposed. Sir J., Peraniki was charged by the inspector with riding a bicycle without a light on the night of June 27. Convicted and fined 5s with costs. Mr R. llatima was charged with having no warrant of fitness. Fined 10s and costs. Mr Cj G. Thompson was charged with exceeding the speed limit in, the borough Von August loth. Inspector Mbrell said that defendant had 'travelled _at‘ 40 m.p.h. in ' BridgeHStifeet; Fined £1 and costs. Mr C. Van stone, .was charged:; with not posssesing a . driver’s license; Defendant was caught in a raid on; motorists on the Waiqeka bridge.! V Mr IMurray wlm appeared for defendant stated that Mrs Van stone ,/lisXially drove the car- Convicted aniL'/fiiied •;5s and. costs. . /

Mr \V. J. Thompson (MrIiAME. Bunkall) was charged with haying no driver’s license. Mr Bunkall said that when stopped Mr Thompson had'produced hisjiccnse but it wasfaifold cue. Convicted’and fined os afid/cokts.