S.M. COURT.

Otaki Mail, 2 June 1922, Page 2

S.M. COURT.

| * OTAKI— I THURSDAY. (Before J. Logan Stout, Ksq., S.M.I j railing to Register Firearms. Police v. Thomas Stewart. —Charge of failing to register firearms. —Xo appearance of defendant. Fined JOs and costs i ts (id. On Licensed Premises. Police v. Win. Gardener (Mr Adams) —Charge that he was found on licensed premises, contrary to Statute. —Defendant pleaded not guilty. Gardener was also charged with giving a false name to tlie police, and also pleaded nut guilty. Constable Satherlev stated recently several young fellows had beer, convicted for being on licensed premises, and Gardener at the lime gave his name as Carson. He eventually located him again and charged him *S'th giving a false name. lie was sun* Gardener and Carson was one and the | same person. Gardener stated: He remembered the night in question, coining i rum shannon with four others to attend Mr McMillan’s send-off. He was present at the function practically the whole ol the lime, and was not in (lie Jubilee I Hotel when Constable Satherlev took the name of other young fellows. ; To Inspector McKinnon: 1 saw Con- i stable Satherlev at the ball during the ,

evening, aud I am certain J was not at the .1 til dice Hotel that evening. I had a "spot” with Mr McMillan b.dore leaving for home. I had no drink in any of the Hotels that night, but was present at the hall when a disturbance took place. The constable accused me of being in a “mix-up:’ on a previous date, and suggested 1 go along with him. 1 asked why 1 was being “pinched’’ and the constable sail! J had given a wrong name. 1 thought the constable was upset because 1 rclerred to him as a “John.” The S.M. said he was not satisfied i with defendant’s evidence. 1 Mr Adams asked to call Mr Multan, who deposed he was with defendant at the dance. He stated also that he saw Gardener right through the function except for the space of about twentv minutes. To the Inspector: He saw a couple of fights during the evening at the hall, but Gardener was not a participant. , He did not enter any hotel during that j ni<*ht. Kincd £- and costs for being on licensed premises, in delimit 1-1 days, and i'd for giving a false name, in default one month. Gardener "as order* cd to pay the amount at. once. Police v. O. Xeilsen —Charge of being found on licensed premises contraarv to Statute. —The defendant pleaded guilty. Taipua, Bowden, and Fer-i-uson were similarly charged, but, did not appear. Constable Satherlev stated ho received complaints about a disturbance at the Railway Hotel and 1 proceeded thither. Defendants all admitted the offence.

Defendants won.' each lined 00.-ts police V. .1 1 illn Quill—. Similar offence. —No sippedranee of defendant, who, by letter, consented to tie: issue ol a prohibition order. Fined £2 and cost!-, no action being taken regarding the order. Police t. d. McGill — I (.'barge of *ei--1 intr liquor alter hours: (2) exposing liquor for sale contrary to Statute. — Defendant pleaded not guilty. Neil sen stated that on the night of May tith he went to the Railway Hotel with others about ii p.m. and had drinks, lie did not see Mr Mel,ill. Defendant said he was at the pictures at the tixue that drink was sere- • ed. The Inspector said Mr McGill had '•been a splendid hotel-keeper and there | had been previous complaints. ( The S.M. said McGill was technically i responsible, but under the circuinstan- ! ,-es would dismiss the information, he ; believing him an honest man. Police v. T. Garth—Charge of selling liquor after hours. (2) exposing liquor for sale, 13) supplying liquor to a Native for consumption off the premises. ; —Defendant was represented by Mr Harper and pleaded guilty to all charge's. Mr Harper stated defendant bore an excellent character, an/1 had attemp- . ted to hide nothing, while .since the of- j fence he has conducted the hotel thur- j j oughlv. j j The charge of exposing liquor tor f sale was withd raw n. * Fined £-v on each of the other chargefc. cost.* 7s, and witnessexpenses t !j Cruelty to a Horse. | * Police v. Tutumakoutua —Cruelty to ! an animal, to wit a horse. j M r Harper, instructed by Mr V fire, ! appeared for the accused. I Constable Satherlev stated that on t the 2 3rd inst. fie received complaints (about the ill-treatment of the. horse, | and went to the locality. He saw de- ! fondant beating the horse unmercifully. Albert Bird staled the defendant treated horses roughly, and he had seen him hit them with a chain. Pc-rcy Bevan also gave evidence. William Turner said he knew- defendant. who was a good all-round lad with horses. He had never known him to

ill-treat horses. To the Inspector: Ths lad has been :rn rny employ for 2 month and I have never seen him hit the horses yet* To Mr Harper: The wound on the shoulder is about the size of a threepenny bit. Frederick Watkins stated the wound on the shoulder was caused by the chains being of different lengths. The horses" have been splendidly- treated for some time past. The S.M. said no doubt the horses had been beaten, but the treatment was probably due to ignorance. He would dismiss the case. Alleged Assault, L. H. Greenaway v. W. H. and V. Weggery—Assault; and .Victor IWag-

gcry v. L. 11. Greenaway, similar charge. Matter adjourned owing to a Supreme Court action pending. The S.H. suggested the parties take civil action and not go into the criminal dock. Civil Cases. Judgment by default was gimn in the following eases: G. S. sharp v . Mori Muses claim £.l ils dd; 11. 1 *,J,M\- '• t. 1.. Haremaii, claim £1 !p.-, .\ ln . su 1 attersoa v. lion. Buchanan, claim fid 17s (id; same v. Jack Stewart, claim ft -lis: A, L\ .Million v. K. Osmond, claim MeDougall Bios. v. if. Ahern, claim ftp ids lid. Motor Accident. G\ S. Sharp (Mr lVacoc-k) v. Gawler (.Mr Cooper)—claim ,fi;;.i g,, . Claimed through motor accidmii in August. MT‘O, on Waerenga Ki-ia.i. ami ciniutei-i-lajin fsii. George Stanley Sh;,,-p slated: I am a medieal plai til ioner. and i n an r.ssex ear. I have driven tor If veins, holding driving lie.mses in Loudon ami various parts of New Zealand. On suit August. BUM. i was driving along with ur - ** "* aliagha„ w hen we me, another l ’ i,r '- '•> - chains from Bell ■Mreet comer, t was on my correct side and was travelling about id miles an hour. Alien I approached Bell ■"tree, 1 was travelling slow ly on ne-

eouut of a setting sun ami a high «• hedge, and my attention was called l.r j :l " vxclainatiou to a ear. 1 looked up 1 and saw a car about Ip feet awav. | Gawler was travelling slightly faster than I was. I slowed up, but Gawler made an attempt to screw to the left ami then s.-revved to the right and run light ai-ioss the road. J continued on and ran into him head on. Both ears were locked for a time. it Gawler had kept to tile lul l hand side of Bell Street J would have nol iced him earlier. The hedge obstructs tile opposite side, t'.iwlei could no, see me at a greater distance than 1 could see him. Aly u:is damaged, and J got an account Inr o*l Is Ihl I ni' repairs. I also ••laim .foil tor dl'pn'cial ion of ear. and IT'.-, lor lo>> of use of ear and taxi hire. T " - Ml ' Goo per: i do m.t iveollect ('.iwlei saving “Why did you ,un into mo like that for,” ami replying “ I did m.l see you! ” I .(<, not remember Mr- Gawler repeating the quest inn. i do not remember Dr. O'i'a llagha nsn v 1,1 “ " k >•*<’ 'Mi'! ” I did not >’ u " "1’ !,s 1 "xuig-ht an aeeidout would |’ 1 ‘ •-*' <"L Gawler came next morna mi; in s.'t* in«- ami asKctl me what I. in- <" ,! o- 1 did not say I would HA 'btnages. I remember eollbiing witii .Mr Fii'Miiig ” trap six dav> after , '’'bug my motor cycle. I i. an i.ilu i ,hi aci-io'ea t on the Manahau in-id. but I rein, ’ubi'r having u eolbsiea " :i ika nne with horse- amt an acci<b n, at J'aekakariki. I also had a„ noi I' nt ~t mv own gate, whi'n someone run into im:. ° r - evidence was put William Bennett, bank oilielal slat j ‘" l: 1 'Mmember ,!,,. day sion. ami passing ,he doe,or two ehains I "in, Bell Street eorm-r. I heard the '■lush and went, ba-fc. but did w,l make an examination of the wheel marks. 1 baton Jones, motor tueehaaie. stated: I made repairs u , fi „. doctor'.- ear •■liter Ilm aoeident. and consider il Inis

dvpii-i-'atvd in frboul £Gq tlio result of if" accident. ("""• U e t-eotr. props iel 01 of Sentfc of Wellingt,,,,. ,j r 1,;,V " l ' t -> Of c. f,e, ienre with j 1 lev -.mined !)„. gc,i car. and e., adder it hn* f (ejiree ia | ei| considerably in value. Dr. O ’Onllugh.-tn V c\id.-a.-e -late,J that the doctor’s ear was well the correct side ami (hat it was (ravelling slowly, also lhai Gawler’s car swerved arid that Gander was excited. M: '’•ii,per -aid /lie del'eace r.;,s a ‘o.iipleti- denial ol the allegations ol plaintiff, lb- contended the accident would not have happened had Dr. sharp looked where he was going, besides the Doctor, as driver, should have seen the approaching car before Dr. O’Galla- ' chan. Hrnesf Robert Gawler, dairy fanner ’* *' Horn, stated: On (he day in question f was earning from Mr Drvs-d:d-v. situate it, Bell Strcd. When ! I got pu the corner f saw the doctor’s '•at coming: J was then ia top -ear. T noticed the car when it was some distance away. After the accident I ashed the doctor why he run into am. am! , h‘- --aid he nev.-r saw me till he struck f, 'e. fl tie- doctor had been on his correct side he e„uld easily have avoided am. It cost me £]» odd to get my car repaired, and it will cost another £ls to get it repainted, while new wheel is needed. the hood is also damaged and the ear necessarily depreciated ia value. To Mr Peacock: I had my ear over two years before the accident occurred. Mr-- Gawler. wife of defendant, gave similar cs idenee. Stella Gawler, daughter, gave Corroborative evidence. William George Dry-dale, of Devin, stated: On the day of the accident Mr and —O'- aael Afta Gawler were at re.e place. Wh-rs the-,- left they went -Borg Bel) Street and were tnrnis/f the comer when the collision occurred. 1 ran along end saw Oawler’s ear had been pushed off the road by the doctor’s car. I heard Mrs Gawler tusk the doctor how it lappet.yd. and heard him say he did not see the ca r e.omiug. George Avre; I repaired Mr Gawler’s cur: it has depreciated in is Eelbag value by £25 to £3O. (Here followed corroborative evider.ee). Decision reserved.