PUKEKOHE MAGISTRATE'S COURT.

Pukekohe & Waiuku Times, Volume 5, Issue 170, 2 May 1916, Page 1

PUKEKOHE MAGISTRATE'S COURT.

Friday, 28th April. (Before Mr F, V. Fra/.er, S.M

CIVIL CASES.

Judgment by default was given for plaintiff in the civil action D. K Clark, farmer, AVaiau Pa (Mr H. G. R. Mason) v. T. E. Skinner, plumber, Pukekohe, for £9 12s (rent) and £1 19s costs and an order made for the possession of the tenement by the 28th May. An order for judgment was made in the judgment summons A. 0. Woollett (Mr Hopkins) v. T. E. Skinner, plumber, Pukekohe, for £8 8s Id. SANITARY DEFICIENCIES.

At the instance of the Pukekohe Inspector of Nuisances (Mr Penman) Eli Gillon, farmer, of Mauku, was summoned for failing to put in order a drain at a house in Seddon Street, of which he was tho owner, and Sydney Smith, baker, of Pukekohe, was summoned in respect of the absence of a drain pipe for water at his premises in Hall Street.— The Inspector reported that in both cases since the summonses had been served the deficiencies had been made good.— Defendants were each ordered to pay cost?, 12s. AN AUSTRALIAN LOTTERY. Leonard Stevenson, billiard saloon-keeper and tobacconist, of Tuakau, was called on to answer a charge of having disposed of tickets in a lottery, known as the Eight Hours' Annual Art Union. Defendant pleaded guilty and stated that it was the fourth year that he had sold similar tickets and for the same purpose, charity. The Art Union was promoted in and sanctioned by the Attorney General at Melbourne and he accordingly took it for granted that the same authority held good in New Zealand. The Magistrate, in ordering defendant to pay the costs, 7s, said that he had evidently committed the breach of law innocently, having taken it for granted that the tickets would be legal tender in the Dominion. AN ASSAULT IN THE NIGHT. James Banks, farm labourer, Paerata, and Edward Newman, iron moulderer, Auckland, were charged with having assaulted and kicked John Hogan, farmer of Paerata on the 20th April. Mr H. G. E. Mason defended and defendants both pleaded not guilty. Hogan deposed that at about

10.30 p.m. on the night in question he was driving home in a friend's gig and about 200 yards from his house on the Paerata road lie got out of the gig to take his horse from e man who had charge of it. As he alighted Banks, in company with Newman, approached and in a very agressive manner informed him

that he was the fellow he wanted and he would deal with him. He called, them both cowards and they assaulted him, Banks punching him on the face and body. During the affray he was pushed through blackberries into a ditch and when he got out Newman took a turn and assaulted him. From that on until the following morning he knew nothing. When he awoke he could not move in the bed and he was bruised. He had previously had a disagreement wiih Banks through telling him that he (Banks) was getting married to avoid having to enlist, but he considered that incident was settled weeks before.—By Mr Mason : No one suggested to him before the assault that he should apologise to Banks. Newman before assaulting him had said that Banks had been

his friend for years and that he would not have him talked about and with that he dealt witness a blow, Constable Mark Thornell stated that he saw Hogan at 9.-15 p.m. on the night of the affray and he was sober. When lie served the summons on Banks he said he would plead guilty and that Hogan had made references to his wife and had accused him of having married to avoid going to the war. Banks, giving evidence, said that Hogan referred to his wife in very strong language on the occasion when he mentioned about his marrying to avoid going to the front. With reference to tho assault, ho asked Hogan to apologise for wliat he had said about his wife, and Hogan re- i

plied that he would wait for him with a bottle. He invited Hogan to light, but he would not, aud lie struck him on the face aud body. Newman suggested to Hogan to apologise but ho did not, but offered them liquor, which they refused. Later, however, at llogan'a suggestion they shook hands. Hogan asked them not to say any moio about it.

Newman gavo corroborative evidence, stating that he, Banks and a rnau named lroland, who had Hogau's horse, were riding homo

and overtook Hogan. Tho incident followed, but ho (Newman) did uot

touch Hogan. They all shook hands and considered the matter dosed, but when Hogan left he said that he would summons them.

Tho Magistrate considered that tho evidence showed that Hogan had made derogatory references to Banks and his wife several mouths p;jst Banks, however, had not acted wisely in allowing the matter to

stand over for several months, and then to assault Hogan on a lonely

road. lie pointed out that no

Magistrate would convict a man who struck another immediately after he had made defamatory statements in regard to his wife, but suggested that people had certain opinions about young men who married to avoid having to go to the war. Tho Magistrate, in conclusion, said that if Banks had not been provoked he would have had no hesitation in fining him £5, but the penalty would be a nominal one. In convicting and fining Banks 1 Os, he pointed out that it was for the offence against the law, and not against Hogan. He dismissed the case against Newman, as there was no evidence to prove that he struck Hogan. MAKING THE PACE.

For driving motor cars in King street, Pukekohe, at a spoed which Sergeant Cowan estimated to be 35 miles per hour, Herbert Davidson and Fred Glass, both of Waiuku, were each fined £1 and Court costs 7 s.