COURT NEWS

Opotiki News, Volume II, Issue 210, 21 July 1939, Page 2

COURT NEWS

INtOXICATED IN 1 CHARGE MAORI FROM TE PUKE ~ £lO FINE: LICENSE CANCELLED An elderly Maori, Patara Nguihika, was ' charged at the Opotiki Magistrate’s Court to-day, before Messrs J. T. Merry and O. Pipe, J.P.’s., with being in charge of a motor-car in Ford Street while in a state of intoxication. Air. S. Hei, why- appeared for defendant, entered a plea of guilty. Sergeant J. Isbister, who prosecuted, stated that- defendant was a farmer residing at Te Puke. He came to a tangi at Opotiki andi after being there some time went to an hotel. He (the sergeant) saw defendant, in the street at 3.30 yesterday afternoon noticeably under the influence of liquor. At that time lie did not know that defendant had charge of a. car. Later defendant was brought to the station by Inspector M orell. Or. Alai I had issued a certificate of defendant’s condition. M'r. Hei stated that defendant was of good character and jiad never previously been before a Court. Defendant, had been driving for 15 years and had never had an accident. He had known defendant for many years and could vouch for his goodl character. Defendant had received a telegram notifying flic death, of a very dear friend. At such a time it was the custom of the Aliioris to have a few drinks to celebrate the occasion. He asked the bench to consider the Maori psychology and to treat the defendant leniently.

Sergeant Isbister said that defendant was driving his ear when stopped 1 by, the inspector. Defendant had driven from one street to another and was zig-zagging about the 1 road When noticed by Air. Alorell. Defendant was convicted and lined £lO and ordered to pay medical expenses £1 Is. Special consideration had been given the defendant but it was pointed out that there was no differentiation in law between Alaori and Palscha. Defendant’s license was cancelled for 12 months. Air. Hei asked if defendant could drive his car hack to Te Puke, but the request was refused by the bench. Sei’geant Isbister said a lriendi was available who could drive the car back to Te l* uke. BORUUC/H MILK SUPPLY A QUESTION OF QUALITY £SO DAMAGES CLALM INCH EDIBLE EVIDENCE JUDGMENT FOR DEFENDANT A ease of considerable interest to borough householders was held in the Aiagistratc’s Court before Air. E. L. Walton, S.AI. A. C. Lutterworth (Mr. N. V. Hodgson) sued A. and R. Tew (M'r. B. S. Barry, of Wliakatane) for £ls lOs Gd. for milk supplied in October R/3H. A. and R. Tew defended this claim oil the ground that the milk supplied them was deficient in butterfat, was unfit for human consumption and was not ot merchantable quality. On the same grounds they claimed £SO damages from Lutterworth, alleging they had lost customers through Hie bad milk supplied. At the conclusion of Tews’ evidence, Air. Hodgson asked for a non-suit or for judgment for Lutterworth, on the ground that there was no evidence in support of Tews’ allegations. The -Magistrate, without calling cm Lutterworth to give evidence, gave judgment for Lutterworth in both cases, with costs totalling £l7 Gs Gd, on the ground “that that part of the evidence for flip Tews which might be true was too vague, and the rest of it was incredible.”