S.M. COURT.

Otaki Mail, Volume 26, 2 May 1919, Page 2

S.M. COURT.

* OTAKI—THIS DAY. f '".■'• \ Before B. gage" Esq., S.M. i Susie Gilbert (Mr Staveley) v. Wm. i H. Palmer, claim for disobedience Of i maintenance order, there being £lO 14s j 6d in arrears. There was no appear- | ance of defendant. Accused was conj victed and sentenced to one month's ! imprisonment, warrant to be suspended as long as arrears were paid at the rate [ of- is per week, being in all 12s 6d per • week to bo paid.

j Liquor Cflse.s, Police v. Norman of procuring liquor while prohibited. Defendant pleaded guilty. George "Warry, also prohibited, was chargod with assisting Campbell to procure liquor. Pleaded not guilty. Constable Satherely stated: At 2 ' p.m. on April Ist I went to Mr Carniont's and saw the two offenders there, Campbell with beer as if handing it to .Warry. Warry was under the influence of drink, being worse than Campbell. Warry said ho did not assist Campbell to get tho drink. Warry said he know Carniont to be ill, and went there as an act ef kindness, He found Campbell there, who had a bottle of beer in his hand when tho constable arrived. He did not assist Campbell to got tho beer. He. (Warry) was not drunk, but excited at' being accused of the offence. I Campbell stated that he slept at Carmont's, and had a bottlo in his hand when tho constable arrived. Ho did not assist Warry to got drink. \ Tho charge against Warry was dismissed!, there being no proof of assisting Campbell- to get drink. The constable stated Campbell had 130 convictions against him. Campbell was fined £2 and costs, one week in which to pay, in default seven days' imprisonment. Failure to Bender Service. | Denis -Laudall and Erie Cook were charged with failing to render personal service.under the Defenco Act. Both.' pleaded.guilty. Scrgcant-Major Sell stated tho lads had been notified to parade, but had failed to do so for tho past twelve months. Both were territorials. There had been 19 parades during tho year. Landall seated he was turned down for active service, and ho thought it 1 useless in the face of this to attend I parade?. He had also been ill, further he had only received one notice to attend. gggp J Cook stated ho had a doctor's eerI tificato (produced) showing ho was 5 suffering from a deformed foot and leg, and not fit to attend drill. He had suffered from this trouble sinco he was 12 years old. Ho kad been classed C2 and thought ho had no need to attend drill. " -'■' >~

Sergeant-Major Sell said Cook had never reported about his defermity. Each defendant~was fined £2 ana costs 7s. An Impounding Case. George Gallagher (Mr Harper) v. Mrs Bishop (Mr Kirk) charg'c of interfering with informant while impounding a horse. ' - - . -k£ Defendant pleaded not guilty. Gallagher stated: I am ranger for the Otaki Town Board, and was riding along Mill Road when I saw the horse on the road. I caught tho animal, and when passing defendant's house I asked her if she wanted it. Sho followed me up in Aotaki Street, used insulting language, and aaught hold of the rope, while I was ox my way to the pound, fe'he offered mo n* money, and said she' would not let me take the animal to tie pound. I tried to pull the rope away, but when I pulled she pulled and would not let me go on, I struck the horse with my open hand to make it go, but j

I Mrs Eishop held on and eventually got the horse. I saw her husband later, and he accused me of taking Hie bene out of the paddock. To Mr Kirk: I got the horse between !" the Army barracks and the Bank of Australasia, and ara not aware it runs in Tahiwi's paddo*k." I don't fenow ; the people. I wa3 accused of taking the horse f rent a paddock, but I did not ; do so, I would not run such a risk for \ Is. Mrs Bishop never offered lie Is for the horse, neither did she ask mo what tho driving fee was. She 'accused me of taking the horse out of the paddock. Tere Turn also accused rae of doing so, and advised me to give it up. Ho interfered with me, and I .told him to niisd his own business. Mrs Bishop did so* exercise any violence towards rae, but would no* let rae proceed to the pound. '"'""'"■■.. =5§S To Mr Harper: I "met " Tere Taru while he was coining from the dircc-tie-a of the Jubilee HoteL He was not in a position to see where I got the horse. I ara sure I offered the horse to Mrs Bishop if she paid ike driving lit.

John Meads stated: I saw the ranger being followed by Mrs Bishop, and heard her call him insulting names. Gallagher said he wanted Is, bat she said she did not have one. She caught hold of the rope and tried to take the t horse away. I saw Tere Tom, and I ksard him tell Gallagher he was wrong, i I don't think Turn could have seen fi Gallagher take a horso from the pad- j doekjn Mill Road. \

' Mr Kirk said the defence was that , the horse, was in a paddock. (citfeEted), and that/iae-Native* saw the feorse tied there and Gallagher take-possession of it. The horse was tied within SO yards of the road boundary, isom. wMch poiat it was taken by Gallagher. Tag 2Tat'rves by trying to secure the animal was not aware they were committing s'technical offence. He contended the horse was wrongfully taken, and that the woman was quite right ia endeavouring' to cectre lawful pe-ssa-sion. Mr* 2eha Bishop, who asked for as interpreter in very plain English, stated: I first knew had my "horse in his possesion through a littie boy telling iac I caught vp : pt the raa-'ger-.at.'Kirk arul Bapiey's ofSee, andasked 'He h«w raueli;: the fee;"was, and Gallagher did not answer. I then tried to get the horse away from' Gallagher, and while jae jqcsbMe was.going oa

Tere Thru carno along and told Gallagher to give tho horse up as he saw him tako tho horse out of tho paddock. Gallagher then gave tho horso up. I tried to get the horso from Gallagher because he took it out of tho paddock. To Mr Harper: Tho boy told me Gallagher had taken ths horse from tho paddock where it was tied up.

Tere Turu Hamahena deposed: I saw young Bishop tie the horso up in a paddock, and about a quarter of an hour later saw Gallagher with the horse. I asked Gallagher where ho got the horse, but he never replied. Mrs, Bishop caught us up, and. .Gallagher ,asi.e,d, her for Is, and she jyiid. .all right. kopt on walking. I told him to gtva her the horae.

To Mr Harper: I asked Gallagher where ho got tho horse, but he would not answer. I asked him to give tho horse up as Mrs Bish»p was going to give him Is.

Moroati Kipa, aged 12 years, stated that Gallagher &ook the horse from tho paddock. To Mr Harper:. I saw Gallagher untie the rope and tako the horse away. Epiha Matiu, aged 11 years, gave similar evidence.

Defendant was convicted and ordered to pay costs amounting to £1 3s.