LOCAL AND GENERAL.

Pukekohe & Waiuku Times, Volume 7, Issue 376, 17 May 1918, Page 2

LOCAL AND GENERAL.

Sergt. Major H H. Smith has taken up duty as Drill Instructor in the Pukekohe district in succession to Sergt. Major Gillespie, who at his own request has entered camp at Trentham prior to returning to the front. fcergt. Gillespie previously served at Gailipoli and Sergt. Major Smith is also n returned man he having been a member of the main Expeditionary Force. The claim by the Pukekohe Borough Council against Mr R F. Webster for £8 Is in respect of half cost of kerbing and channeling the portion of the road fronting his property in Prospect Terrace was mentioned in the Magistrate's Court yosterday but was adjourned for hearing until Thursday, June 13th. The Counsel in the case, viz, Mr E. W. Inder (for the Council) and Mr J. G. Haddow (for Mr Webster) intimated that it was hoped that a statement of facts would be agreed upon io avoid the necessity of taking lengthy evidence, in which caso legal arguments would also ensue. Sergt Cowan has now recovered from his recent illness and will resume control of the Pukekohe police district next Monday.

On Mr J. E. Wilson, S.M., taking his seat for the first time on the Bench at the Pukekohe Court yesterday a welcome was extended to him by Mr. H. G. R. Mason on behalf of the local solicitors. His Worship suitably acknowledged the greeting given him. Mr J. Black, who is due to enter the second division camp next week, has disposed of his farm at Puni to Mr E G Mansfield, of Pukekohe. The property consists of from 50 to (50 acres and the purchase price was iu the vicinity of £sl per acre.

Dispensing with the services of any Counsel, William Farrelly, contractor, of Waicku, so skilfully conducted his own defeme at the PukeMagistrate's Court yesterday that he «ueceeded in gaining en acquittal in a charge brought against him by the police of having ou May 9th illtrcn.ed a horse by working it in an unlit state, Sorgt. Matthews prosecuted and his evidence was to the effect that two horses were attached to :i wttggon, driven by defendant, that was proceeding from I'ukekohe in the direction ot' Pukekohe East, lie received a complaint that one of the horses was being thrashed by the defendant but in his (the Sergt's.) opinion the punishment wa9 not severe. He, however, considered that cruelty occurred through the horse being worked in an unfit condirion. The defendant's explanation was that he had hired the horse from Mr Mollsop, of Waiuku. The animal litd been out at <*rass for some weeks but he hard fed it for some days before starting the journey. The fact that it was dis tressed and jibbed going tin the hills was, he contended, due to it being " c.'li.ir-p.ou i ' alter coming in i.fl the urnss fie a'so alleged that. iSorgi-Miit ,\iittih»-ws through being di-npp' in'cd i'i nor being l, able to charge liitu wuh ia nelly whipping the hor«e fo'low.d h : m up tho road and lid the pn sent chat go against) him. The Magi trate (Mr J. E Wilson S.M ) dismissed the diaig.us lieconsidered ttoi' the explanation eive > as to t' h-.r«e being " c dlarj,i!,ll i " was n !■ a*oii ib'» one. He thought that thero had benn no wil- , fill intention loillheai the horse but nt ihe same time the police hail :), (■ d in g'od faith in bringing the iintt-tr forward. Tn reply to the di I'emlant, Ilia Woi>hii> declined tn allow him expenses as against the police. For Influenza take Woods' Great , I Vpperiniut Pure. Never fails. 1 •>, v'lij

A report of tho monthly meeting of the l'ukekohe Borough Council held last Wednesday will appear in our next issue.

The N.Z. loan and Mercantile Agency Coy are to hold their usual monthly stock sale at Tuakau next Thursday. Entries are solicited.

The Picture patrons at Pukckohe who have been following the various episodes ot " The Iron Claw " should not miss chapter sixteen to be screened tomorrow as this shows the unmasking of the faithful Davy, and other exciting incidents.— Advt.

Mr John Beatty, on behalf of Messrs W. and R. Fletcher Ltd., will be buying pigs at Waiuku and Aka Aka next Wednesday.

A . a ale of household effects is to be carried out on Saturday of next week by Messrs J. T. Stembridge and Co. at the residence iu Edinburgh Street, Fukekohe, of Mr M. Mclntyre, who is leaving the district. Particulars of the sale are advertised in this issue.

On behalf of Mr Geo. Colville who has disposed of the propertv by reason of his sons going to the front, the NZ. Loan and Mercantile Agency Coy. are ■to hold a clearing sale on the farm at Mauku next Tuesday. The offering includes a choice herd of 51 dairy cows For particulars see advt

" The Flame of the Yukon," the startling atory of the great gold days, by Rex Beach, is down for screening at the Premier Hall, Pukekofie, on Wednesday evening next. The story is a bold one and contains seven chapters of blazing, reckless. 1 -and lawless lite in the gold mad days of AlasVa. It is well worth seeing. —Advt.

As a result of a technical flaw in the case as presented by the police i to tlie Magistrate (Mr J E Wilson)] at the Pukekohe Magistrate's Court yesterday in which Mr J. K. Hamil-, ton, farmer, of Pukekohe, was charged (1) with having allowed a nuisance to exiit on his faim, (2) with keeping pigs within 43ft of a public road, and (3) 'with having failed to clean out his pig sty daily, all in contravention of the Franklin County Council by-laws, the informations were dismissed. Sergt. Matthews prosecuted and Mr H. G] R. Mason appeared for the defence At the outset delay ensued in regard to the legal proof of the by-laws. Mr Alan P. Day, CTerk to the County Council, appeared on subpoena from the police and admitted the accuracy, of the printed copy of the by-laws' as p&duced. On Mr Mason cotitendirfg that the printed book did not bear the necessary official sfcel of the Council the hearing was^temporarily' adjourned and Mr Day then produced • the original draft of the by-laws/. Bergt. Matthews also handed to >the Magistrate a written authority, dated September. 1915, given to the police by Mr Day, under instructions from the Council, authorising the police to take proceedings to enforce the by-laws, In reply to Mr Mason, Mr Day explained that the authority in question, was given for a certain prosecution at the particular time. Questioned by the Magistrate, Mr Day stated that the authority had not been withdrawn. Mr Diy added that the Council had not authorised and was opDosed to the proafcution of Mr Hamilton. At this.' stage Mr Mason read from the "Times" the resolution on the subject as passed at last week's meeting of the County Council, whereupon His Worship remarked that the attitude of the Conncil was immaterial as the charges eould have, bean laid under the Public Health Act. Sergt Matthews then gave evidence as to his inspection on April 22nd of the defendant's farm. He stated that he had never seen a pig sty in' such a filthy condition and be regarded the place as a fever bed. Danger also existed by the filth running from the sfy into the adjoining gully. The Sergeant added that he had taken action in the interests of public health and the reason that he had proceeded under the County by-laws instead of under the Public Health Act was that they were distinctly applicable to the case. Constable Miller having spoken in corroboration as to the condition of the sty, which he said had since the issue of the summonses, been removed, Sergt. Matthews announced that his case was closed. Mr Mason promptly submitted that inasmuch as the charges were lai'l under the County by-laws and the police had omitted to give evi !< nee to show that the sty was in Fi nklin County tlie caso necessarily failed The Magistrate stated tli t the point pur forward by Mr Ma - r i w as fatal to the prosecution an ! he accordingly dismissed the cliaiv,'3 but he pointed out that the pms oution had Men effective in the w y of having caused the sty to bereni',ved from its-former position near a i ad.