COURT NEWS

Opotiki News, Volume I, Issue 94, 7 October 1938, Page 4

COURT NEWS

hnnjjJd. from M r < 'ti lln jucl in 11 were a dark uito mill n mu', mul were in "noil riiiiilil ion. She mi\v Mr Lyons 1111 11 sonirl liiii” out, ol liis pocki'l; and ”iVi ‘ il In .MV ( ollll”lllin. Til.' tWO COWS were slocks’ anil thick set. The lirst, cow I lull, cnlvotl was Inkcn awa\ liy .Mr Swinlon himself. It was ol a dark colour, .Mr Hailey and she saw him lake the cow and its two calves. That, was the nearest in a hlack cmv that Mr Swinlon had on the |daee, The cow that was killed was the dark one honelil. from Mr ('allajdmn. She saw Mr Mnrjorihanks II"' lii'st time he called lor a cow, lie did not look alter the cows she looked alter them. To Sergeant- Ishisler, witness said she counted the cows when they were let I. ami when they were taken nWiiy. Swinlon dii| not have a cow ol the colour o | I lie hide ex hi hi I ed. M r [vast- siihmil ted I hat I lie evidence lor I lie |irosecnl ion was not millicicnt to warrant a conviction. lie asked lor an adjournment to eiiahle an additional witness lor the deleiire in he hi'on”ht. Mr Walton agreed to adjourn the ease until I lie next monthly silling: ol I Inf court.

TROUBLE AT TE -KARA A DRUNKEN BRAWL At the monthly sitting of the Opotild Magistrate’s Court on Tuesday, a number of Maoris was changed with disorderly conduct on the main -highway at Te Kaha. Evidence, was given that Constable Hira had been called to the Te Kaha. hotel by a taxi-driver named Coughlan. A lot of Maoris were drunk in froht of the hotel. After six o’clock Coughlan’s taxi attempted to leave with a passenger and the drunken men objected to the driver taking the passenger away and got on the running board of the car, which was prevented moving. Constable Hira was called and had to drag the men away. The men were also using bad language. Fines of £1 and costs were inflicted in each case and one of the men was also fined for a breach of his prohibition order-

For a third breach of a prohibition order, Taylor Tai was fined £3 and costs. Sergeant J. Lsbister said that Tai was found' very much under the influence of liquor.

TRAFFIC OFFENCES Hurinui Ross was charged that on the 27th. August he drove a car in Church Street in a negligent manner. He was further charged with having no driver’s license and no warrant of fitness.

Sergeant Isbister said- that. Mr Evefshed, a farmer, was driving in Church Street and had stopped for two or three minutes and was talking to iiis wife when the defendant crashed into the rear of Evershed’s car. The defendant said the other car pulled up suddenly but this was not ..correct as the other car whs stationary for some time. The defendant had had some liquor but was quife capable of driving a car. 1

Mr Ehst, for defendant, said that the night was bad for visibility and it was drizzling at the time. His client was partly blinded by the lights from another car and lie thought lie might have an accident .with the approaching car and ran into the other car which stopped suddenly. On the first charge defendant was fined £2 and costs, and on the other charges os and costs and 10s and costs respectively. Mr T. Hickey was charged with negligently driving a car on 10th. September. Sergeant Isbister said that Mr Pearson had parked hi's car in front of his house and later when he went out to get the car found that another car had hit it in the rear. Mr Pearson’s car, although it had the brakes on, was knocked' on 20 feet- The following morning it was found out that M,V Hickey’s ear' had run into Mr Pearson’s car. Mr Hickey said he had turned the corner and was looking to the right and looked in front too late to avoid a collision.

Mr Bunkall, who appeared for Mr Hickey said that when defendant saw Mr Pearson’s car he was very close and decided it- was best to hit the ear in the rear. Defendant went to the house but no one came out as the fam-

ily was getting ready to go to church. His client went to the house the following morning tp find out the owner of the car. , .... Defendant was fined £1 with costs IDs. E

Mr A. E. Abbot was charged that at Waiotahi he failed to keep to the left of the roadway. Sergeant Isbister said that 0 n the night of sth. September defendant was', driving a truck loaded with cattle and on approaching a bend near Waiotahi he collided with a car. The truck turned over on the road and the cattle escaped through the top of the truck. Both vehicles were badly damaged and it was a miracle that nobody was hurt. The car was so close to its proper side that it scraped the bank. The marks of the' truck were clearly visible on the road and showed it was too far over on the road. The car collided with the rear of the truck. Defendant tried to straighten the truck up but it capsized. Defendant said lie was dodging a lot of potholes when the car came round the corner at a terrific “bat” with only one light on.

Mr Walton imposed a fine of £1 witli 10s costs. •

Mr. W. Sinton (Mr East) was charged that on Bth. September he failed to keep to the left of the road. Sergeant Isbister said that defendant was driving on the Crooked road and collided with a car driven by Mr. B. Day. Both cars were extensively damaged but no one was injured. The road was well named and it was a very dangerous road and required careful driving. Mr East said that defendant considered the collision was due to the speed of the other car. Defendant was fined £1 and costs.

Mr J. K. Johnson was charged that cn 19tl). August, he drove a.car at oven- 30 m.p-li. in a restricted area. Inspector Morell said he followed the defendant and clocked him doing 40 1 m.p.h.A similar charge was brought against Mr EL B. Williams who was stated by Inspector Morell to have driven at 40 m.p.h. Mr W. H. Yanstone who was charged by Inspector Delves with having no warrant of fitness was filled 10s and costs.'

M. K. Debreceny (Mr Hodgson) was charged with overloading a heavy motor vehicle on July 21. Defendant was further charged with carrying a load in excess of the road classification limit and also with having no- rear observation mirror.

Inspector Delves said that he stop-' lied the lorry on the AYaioeka road. He weighed the load which was 11$ cwt. overweight. The weight was 1 ton L\ cwt. over the classification limit.

Air Hodgson said that at the time it was raining heavily and the timber, some of which was seasoned simply soaked up the rain and: this largely accounted for the overweight. The mirror had been on a day or two beforehand. fastened to the door. The door had boon smashed and was being repaired and the morror was off the truck.

Defendant was fined and ordered to pay costs.

DISPUTE OVER COW CHARGE OF THEFT Air James Lyon (Air E'ast) was charged with stealing a cow in August the property of A. Swinton and valued at £l2. Defendant pleaded not guilty. Sergeant Isbister, who prosecuted, stated that Air Alan Swinton had 26 cows grazing oil defendant’s property. When ALr Swinton took them out a Jersey cow was found to be missing. During the period of grazing defendant had killed a beast and it was alleged that this was the missing animal. John Lionel, roadman, Raukokorc, said that about the 7th. August lie was asked by defendant to kill a cow for him. Me killed a dark Jersey cow and the hide in the court appeared to he that from the animal. There were two cows in the paddock and he drove them into a smaller paddock- He was told to kill either cotv. The cow lie killed was in calf. Defendant told him he had bought tile two cows from Air T. Callaghan. To ALr East witness said the two cows were in. a .separate paddock and it was the only occasion lie had seen the two cows.

Air Alex. Marjoribanks, sharcmilkor, employed bv Air W. Swinton, said he went to defendant’s place and got a red heifer. He spoke to Air iLyons and saw two strange cows in a paddock. Defendant said he had bought them from Air Callaghan and would kill them for meat. The hide shown in court was not off either of the cows he saw in the paddock. He had seen the two cows lie saw at first only a week ago. Air Swinton had two or three

cows similar to the colour of the hide exhibited in court. ,

To Mir. East witness said he had visited Mr Lyons’ property four or five •times to see if the cows had calved, He did not know how - many cattle there were supposed to Ife on the property. .b?

s- To Serjeant Isbister witness said he only took two cows away. ' , Mr E Callaghan, drover, said he sold the cows between June and July. He told two fawny dry cows. He was positive the cows were not iii calf. The hide shown in court was not from either of the two cows lie sol'd. He had seen the two cows on several occasions. The last time was at the end of August. A half moon was nof witness’ earmark.

To Mr -East witness said he had had the two cows sold to Mr Lyons for about four years.

' Mr Alan Swinton, farmer', Raulrokore, said he took 22 cows to Mr Lyons’place and later took four more. On the 16th. August he took away 23 cows. Two others had been taken -away before that by Mr Marjoribanks.* There should have been 24 cows on the 16th. August. Defendant was present when he took out the cows and defendant said he was certain the tally was there. Witness told defendant an almost black Jersey cow was missing. Mr Lyons said he couldn’t understand it. Witness made a search- Defendant told him he had killed a beast and that he could have a look at the hide. Defendant said he had bought the beast from Air Callaghan. The hide shown in court was the one he had seen. Witness had three similar cows grazing at Mr oils. Witness said he recognised the hide as that from- the missing cow. He said nothing to defendant at the time. He told defendant that it wasn’t Callaghan’s earmark on the hide. Defendant had replied that it made no difference to him. Air Callaghan had said he had sold two barren cows to Air Lyons.

Witness was present with Constable Hira when the constable interviewed Lyons. Air Lyons Said he had bought the cow from Air Callaghan. As far as witness knew "the cows were still in the paddock. Questioned by Mr East, witness said he had arranged the grazing with Air Lyons for part of his herd. He luul no communication from Air Lyons about cows calving. He did not remember taking away a cow with twin calves and did not remember liis chili dren taking any cow away. The main part* of his herd was at Air Lyons’ for about two months. After- his illness lie went to Air Lyons’ place and. saw that the grass was short- After seeing the hide he went to his brother’s . place and asked him if he had seen a stray cow. When he took a tally with AlrYLyons lie told defendant there was one beast short. The cows were in fair condition when lie took them to Air Lyons’ place. Constable Hira, in evidence, said he had made enquiries about the missing cow. He told Air Lyons that Air* Swinton had accused him-jof killing ins' cow. Air .Lyons said he was prepared to make a statement. In this statement Lyons said that Air Alarjoribanks took two cows away and Air Swinton one. Defendant gave him to understand the hide was that of one of the cows bought from Callaghan. Air East in asking that the case ho dismissed said that Air Swinton was not clear about when lie made a search, for the missing cow and there were other contradictions. Air AValton said lie did not see how he could dismiss the case. Air Callaghan was sure the hide was not from one of the beasts he sold to Air Lyons.

Air Fust said the defence would bo a straight-out denial of what the witnesses had said.

The defndant, James Lyon, said he was living 'on about 17 acres. There was no stock on the area until Air Swinton arranged the grazing. Air Swinton’s cattle were in a low condition. It was just an ordinary herd, but in low condition- He bought two „ cows from Air T. Callaghan and paid cash on the spot for them. The hide ill court was from one of the two cows lie bought. Three of Mr Swinton’s cows were taken away—two by Alarjoribanks and one with two calves by .‘Alan Swinton. He arranged for the killing of his cows. Air Swinton had tas- - away a full tally—23. He asked Air Swinton to look at the hide. Mr Swinton said it was not his hut that it , did. not have Callaghan’s earmark. A slaty cow was still at defendant’s place and was not a beef cow. Hoi had asked Alir Callaghan to have a look at the slaty cow on Saturday week., b>.( jvf. Callaghan had refused. Airs- Littlejohn. Air. Lyons’ housekeeper, said she saw Air Swintcn leaij®;-Ji&,- <?ows. and remarked to; hi«i on ,tiieir poor’ dbndition. The two cows ,