COURT NEWS

Opotiki News, Volume II, Issue 135, 18 January 1939, Page 3

COURT NEWS

THEFT OF GOOSE

SHOT IN AYAIOEKA GOUGE OFFENCE! BY MOTORIST The monthly sitting of the Opotiki Magistrate’s Court was held yesterday morning, before. Mr. Ei. L. -Walton, S. M. Henry Edward Jnson was charged with killing and stealing a got>se. Sergeant J. Isbister, who prosecuted, stated that defendant was returning to Gisborne and when near Mr. Addison’s house saw a flock of geese on the side of thu road. Defendant’s sou got out'of the car and shot one of the geese. The goose was picked up and the car drove off. Mr. Addison heard tlie shot and got the number of the car. He notified the police and the car was stopped at Matawai by the police. v Defendant’s solicitor said that defendant took full responsibility. He had authorised the shooting and the taking away of the goose. He had thought the geese had come up from the river and failed ten appreciate there might be a residence nearby. The act was not premeditated'. The bench fined defendant £1 and he was ordered to make restitution. L IQVOR OHFENCES For entering licensed premises while prohibited and for procuring liquor during the currency of a prohibition order, a. Maori was convicted and lined £1 and costs on each charge. Sergeant Isbister said that defendant was seen coming out of an hotel under the influence of liquor. Defendant had been prohibited in January 1038.

Another man who was found on licensed premises in a drunken condition after hours, was convicted and fined £1 and costs 2-ss. A number of men were charged with being found on the premises of the Masonic Hotel after hours. Sergeant J. Isbister said that in company with •Constable Rathie ho visited the hotel at 9.1-s*p.m. on 7th. January. The door, of the bar was shut hut not locked and there were 18 men in. the bar. la\o of tiie men were lodgers and they stated that two of the other men were their guests. All were first offenders. Each of the defendants, was fined £1 and casts.

The two hoarders were each fined £1 and costs for aiding and abetting ill the procuring of the liquor. The licensee of the hotel was charged with snnplying liquor alter hours oil the date mentioned. Sergeant Isbister said when he visited the hotel the bar door was closed but not locked. Eighteen men were in the bar. Only three of them had a right to he there. Ml. East, who appeared for defendant, said two iodgers took two men into the bar and! the others later drifted in. It was stated that- defendant had not been before the court for the last 2% years. On the charge of supplying liquor defendant was fined £3 and costs 10s. and on the charge of exposing and opening defendant was convicted and discharged.

TE AFFIC .BREACHES Tamihora. Hei pleaded guilty to a charge of failure to carry a vehicle authority. Inspector Delves stated that, defendant had goods service license for only one vehicle. Defendant had been working two trucks and he last saw the trueknvorking on Bth. November. The truck had since been working under a temporary license. The inspector said that the secretary of the Carriers’ Association had made excuses for not having the license fixed up but although tlieie had ),een three meetings of the Authority the license had not come before the Licensing Authority. Defendant was convicted and fined 10s and costs. The driver of a school bus, 3 1 r. Alio, was charged with failing to keep to the left side of the road. Inspector Delves said he met Mio at the Hukuwai corner. As he came around the corner he met the school bus travelling at 30 toi 35 miles an hour on. the wrong side. He took measurements of the tracks of the bus. Defendant said he was flurrying hack to pick up the school-children. No children were on board the bus. Mr. Hodgson, said the road '"as hoaviiy cambered, with loose shingle at the bend. Defendant was fined £1 and costs. Jtiira- Akurangi was charged with driving a car in St. John Street, with-

out a warrant of fitness for the vehicle. Inspector Morell said he stopped defendant who had no certificate. Defendant when asked if he had anything to say, said that he had relied upon the inspector reminding him when the certificate was due. The magistrate ‘fined defendant 10s with costs and informed him that it was not the inspector’s place to tell him when the certificate was due.

Barney Atua, a rider cf a motorcycle, for a similar offence, pleaded guilty and was fined 10ls and costs. On a charge of driving a car without a tail lamp. Osborne Jones entered a. plea of guilty. He stated lie had immediately had the matter attended to. Fined 5s and costs.

Robert G. Parkinson was charged with operating a motor lorry without a traffic license. Inspector Morell said lie stopped, defendant who bad 110 heavy traffic license. Mr. G. Murray, for defendant, said that Parkinson had bought a new lorry and there was some doubt, as to 1 its actual weight. He had arranged to- get the lorry weighed but : the inspector had gone down the coast and the matter had been hold over. Fined £2 and costs. Murray L. Scott was also charged with having no, tail lamp and! pleaded guilty. He said the tail light was aligjht on the car when lie left home. Fined 5s and costs. lan A. Pitcher, for having no warrant of fitness on his motor-car was convicted and fined 10s and costs. FISH ING REG U LATIOXS CHARGE DISMISSED Warren A. Mills (Auckland) for whom Mr. E. A. Bunkall appeared, was charged by the Inspector of I islieries, represented by M!i\ N. A . Hodgson, with using a Danish seine net in a prohibited area. Defendant entered a plea of not guilty. Mr. Bunkall referred to the fact that proceedings had been adjourned several times and said the ownership of the boat was not questioned, neither was the point where it was seen questioned.

Mir. Hodgson replied that it w - as simply a question of whether defendant was seine fishing or not. "William. Walker, fisherman, Opetiki, said that on the 25th. April last he was on the Opotiki wharf when he heard a vessel outside and recognised it was a trawler outside the bar. He went out with his boat to have a, look at what it- was doing. The trawler was very close in. He went over the bar in his launch with Francis Kerr. AWicn |,o first saw the trawler it- was going across. The bar was rough and he cruised about for some time he lore he (witness) crossed the bar. The trawler was The Joan and ho lolimved the boat which was setting a net and going back towards the buoy to pick it up after dropping the net. bey went out close to the trawler and could see the lines. They went alongside the trawler towards the east. r J lie closest witness got to the trawler was 100 yards. He took the name and number of the boat. They went inside again and went ashore on to the beach. They saw the buoy being picked up and then the trawler steamed with the net. Mr. Bunkall informed witness that he had immediately afterwards made

a report and in that he did not say there was a net- .or a buoy. In reply witness said he had onlyseen trawlers doing seine net fishing. He had not seen a net being emptied or the catch. Witness admitted that he had been largely responsible for the new regulations being brought into force. Mr. Walton said no net had been seen. He himself had seen buoys being used for flounder nets many years ago. Francis James Kerr, bridge carpenter, said he accompanied Mr. Walker in the launch. He saw The Joan steaming away and could see the buoy nbo.ut three feet above the water. Two ropes were over the stern of the trawler but he could not see any net. Tlie trawler circled towards the buoy. Mr." Bunkall contended: there was no evidence to show that defendant was operating that particular net. He was not operating the net. at the time. He had a new net witli kinks in it and was clearing the net. When the boat approached the trawler defendant thought a friendly warning not to go into the river had been given. Mr. Walton said he would dismiss the information on the grounds that plaintiff’s witnesses did not see what the defendant was alleged to he doing. INCIDENT IN WAIOEIKA GORGE GAS El DISMISSED Michael O’Connor was charged by Inspector J. Delves with failing to keep to the left. The inspector said the charge arose out of a little incident which happened in the Waioeka Gorge. Mrs. McLean, of Awakeri, was driving towards Matawai .and it was alleged her car had been forced into the bank by O’Connor. Mrs. McLean, in evidence, said that on the 22nd. October she was driving lier car and when about 33 miles from Opotiki, she approached a left hand bend! and the other car was right on witness’ side and she drove into the bank. Witness was accompanied by liehusband and two children. The other driver went around the bend and then stopped. The road was quite wide at the point. Tlie> other car was twenty or more feet away "when she first saw it. She saw the tracks on the road. When the cars passed there appeared to he only inches between them. Her car’s front,-tyre hurst on the side of the bank. The tyre was estimated to be only half worn by the insurance people. The road was 1” feet wide at the spot. The outsidei wheel track of defendant’s car was Bft. from witness side.

Andrew McLean, in evidence, said their car was rounding a bend 13 miles fro,m Matawai. He saw a car approaching very close to their side. He took measurements afterwards and found the other car was about 28 feet away when lie first- saw it. He told the driver of the other car hei was taking the measurements and the other driver went away. He told O’Connor he would hear more of it and the other driver said lie probably would. To Mir. Hodgson, witness said the front- tyre burst when the tyre hit a projecting rock. '! he rock was below the level of the. guard. "When the two vehicles passed there was a big space

from the outside of the other car to the outside bank. "The marks were quite clear on the road. Mr. O’Connor made no comment ou the marks. The defendant, Michael O'Connor, said he was driving a small Austin saloon car and met the Bhick car. He was driving close to the centre of the road and there was room for another car to pass. There was about one to two feet between the two cars when they' passed. The other car was in a normal driving position. Just after he passed the other car he heard what appeared to be a blow-out. He stopped and went back. He met Mrs. McLean who said lie ran her into the bank, but lie denied this. The other car had stopped about 10 toi -0 yards past the place where they had passed. He saw the blow-out in the tyre and this was consistent with being cut by a sharp rock. Mr. McLean pointed out the marks on the road but the marks were very indistinct and it was impossible to .say whose they were. The road: surface was hard; and dry. Mr. McLean was starting to take measurements with a benzine measure. Mr. Walton pointed out- inconsistencies in the .plan produced by 3lr McLean and said that people, who drew plans should draw them correctly or not at all. He thought the memory of the prosecution’s witnesses was defective as to what happened. He would therefore dismiss the case.

PARKING OF TAXIS OWNERS PROSECUTED Alexander Eniest Lovell and Cyril Lovell were charged by the borough traffic inspector, AL'r. J. H. Morell, with parking their taxis otherwise than in an appointed place. Mr. Hei aijpeared for defendants and Mr. Hodgson appeared for the prosecution. Inspector J. H. Morel!., said he had spoken to A. E. Lovell on numerous occasions in regard to parking taxis. On this particular occasion (24tli. November) defendants had refused to shift their taxis from in front of the billiard saloon. They wore inside playing billiards . He spoke to them inside the saloon and waited for them outside for lialf-an-liour and then went away. He had spoken to/ them on numerous occasions—both during the day and the night. Cyril Lovell, taxi driver, said he had stopped at the saloon at 8.15 and after about a-quarter hour he left the saloon on a job. To Mr. Hodgson, defendant said he ! told the inspector he' would shift and j did 1 so as soon as he finished his game. Mr. Hodgson said the by-laws clearly stated where the taxis must be parked. Defendants were each fined 10s and costs.

THE RESTRICTED AREA CHARGE OF SPEEDING Robert Gordon Parkinson, was charged with driving a motor-lorry in the borough at a speed in excess of 30 ni.p.li. Mr. Murray, who appeared for defendant, pleaded not guilty. Inspector Morell said he> followed defendant’s lorry down Bridge Street. It was doing 44 .ni.p.li. To Mr. Murray, the inspector said he first saw defendant near the Royal Hotel. He wanted to cheek the load on the lorry. When defendant turned into Bridge Street he was 100 yards ahead of his motor-cycle. He caught up toi him at Nelson Street and then followed defendant toi. the. Waioeka bridge. The defendant, Robert Parkinson, said he saw the inspector in King Street and anticipated his action. The inspector overhauled him rapidly and came up to him near the bridge, where there was a, mob of cattle. The inspector mentioned the load and asked for •liis traffic license and certificate of fitness. ■ He did not exceed 30 m.p.h. and he was watching the inspector all the time. Mr. Murray asked the inspector a number of questions in regard to various places on the road between King Street and the Waioeka. bridge. Mr. Murray contended that the method oi taking the speed was inaccurate. The Magistrate: Both speedometers may have been wrong. There is no evidence they were right. The information was dismissed.