RESIDENT MAGISTRATE'S COTJET.

Southland Times, Issue 1609, 23 July 1872, Page 3

RESIDENT MAGISTRATE'S COTJET.

(Before Henry M'Culloeh, Esq., R.M., and the Mayor.) Monday, July 22. Albert G-erbes and Charles Crack -were charged by the police, under the 6th clause of the Railway Offences Act, with removing a truck from the Invercargill Railway Station to a point about three miles towards Waikiwi, and so causing an obstruction on the line. Mr Wade appeared for the accused. — Mason, a fellmonger and wool scourer at Waikiwi, stated that on Sunday afternoon, the 14th inst., he saw two boys leave a truck on the Hue, about 50 yards from the Waikiwi bridge. They walked past him on the line. He went on to where the truck was, and found that they had been endeavoring to get the truck off the rails. The two front wheels were off the rails, but not the two hind wheels. Endeavored to get the truck off altogether, fearing it might cause an accident, but could not manage it. Went to Hawkins, the plate-layer on the railway, at Harrisville, and told him about it. Could not swear to the boys. Cross-examined by Mr Wa<3e — G-eaerally walked up the line eyery Sunday. Never saw any boys with a truck on the line before. William Fraser, clerk in Mr T. M. Macdonald's office, stated that he knew the boys Gf-erbes and Crack. Saw them, on Sunday afternoon before last, standing on a trolly, and pushing it along the line with two sticks, up the Oreti line. That was about 20 minutes past 2 o'clock in the afternoon. About an hour after saw them on the Jine a little on this side of the Waihopai bridge, but did not see the truck. John Hawkins, plate-layer on the railway, stated that on Sunday, 14th inst., about 5 o'clock, Mr Mason came to his house at Harrisville, and told him there was a truck on the line. Got another man, and went to bring it in, but could not find it. Walked down the line looking for it as far as the station. Found the truck in the station yard. William Conyers, railway manager, stated that the trolly would be a dangerous obstruction on the line, and might have caused a most serious accident. The trolly must have been taken over the most northern pair of points, a little to the south of the gaol fence. The points were locked, and the truck must have been lifted over them. Cross-examined by Mr Wade — The Oreti line is not used on Sunday. Anything put upon the line, at any time, would be an obstruction. Believed that boys had done the same thing before, but never saw them. Constable Pennefather stated that on the 17th met. he served the boy G-erbes with a summons, charging him with the offence. He admitted having taken the truck, but said that he did not think he was doing Bny harm, and he hoped he would not get him into any row about it. On the 18th inst. served the boy Crack with a summons, for the same offence. He said he had only taken the truck for a ride, and he did not |think he was doing any harm. Robert Hargreaves, engine-fitter in the Railway Department, stated that'on Saturday, the 13th inst., the trolly was a little off the line of rails of a siding leading to the engine-shop. To get it on to the line it would have to be lifted first on the rails of the siding, and then over the points which were locked. The boys could have done so. Ihe points were always kept locked. William Fraser, recalled, stated, in answer to Mr Wade, that he lived in the gaol, that at one time a number of boys used to run trucks for amusement on Sunday afternoons, between the station and the gaol, but they had not been doing so lately. Mr Wade addressed the Court in mitigation of punishment. He admitted that there could be no doubt the boys must have taken the truck out ! on the line, but it might be questioned whether the act amounted to creating an obstruction as defined by the law. They had not left it on the line till Monday, and they were aware that the line was not used on Sunilay. It had been shown that it was by no means an uncommon thing for boys to run trollies up and down the liae for amusement, without giving a thought to the serious consequences which might ensue, and though he was far from Baying that this was any justification for doing what was wrong, it was to some extent an extenuation of the offence. Seeing others doing the same thing, the boys probably did not reflect on the results which might arise from the practice if permitted to continue. And if the boys had committed a fault, they had at least done their best to repair it, by bringing the truck back again, showing that their only object had been amusement, by the pains they took to restore it to the place where they found it. The fathers of the boys were both in court, and were prepared to promise that if the matter could possibly be left to them, they would take such precautions, by punishment and otherwise, as would effectually prevent a repetition of the offence by the same lads. Sub-Inspector Fox stated that the police did not wish to press for a severe penalty, but the object of the prosecution was solely to prevent any repetition of the offence. His Worship said that the offence in the opinion of the Court had been fully proved, and that it was necessary that some punishment should be inflicted with a view to put a stop to the practice in future. The punishment awarded by the law was a fine not exceeding £50, or imprisonment for a period not exceeding six months. Under the circumstances of the case, and considering that no mischievous intent had been shown, the Court was of opinion that the ends of justice would be sufficiently met by the infliction of a fine of 40s, with costp, 17s, in each case. Fined accordingly. Michael Carroll, a lad about thirteen years of age, was brought up on remand from Thursday last, chargod under the 29th clause of the Offences against the Person Act, with placing two pieces of iron on the Oreti Railway, near Winton, with intent to obstruct, upset, injure, and overthrow a railway train, and endanger the safety of the passengers, on Sunday, the 14th in st. Francis Jack, sawmiller, residing at Winton Bush, stated that at a quarter past three on Sunday afternoon, the 14th inst, he was at the Forest Hill Gap crossing, ou the Oreti Railway. Was walking along the line towards Winton, met a boy on the line, who passed him whistling. Could not swear it was the accused. About two

hundred yards further on he found two pieces o 1 iron on the rails, one on each rail, about ter. yards from each other. They were placed on the rails longitudina'ly. They must hove been laid as they were on purpose. There is a curve or the line at that, point. Took the pieces of iron off the rails, and left, them quite close to where ho found them, on the ground. Immediately informed the police constable at Win ton oi what he had seen. Constable Tuohy stated that on the Sunday in question he met Francis Jack on the line. In consequence of what Jack told him made some enquiries. Saw the boy Carroll at the Meat Preserving Works near Winton about 8 o'clock on the Monday morning following. Spoke to him about the pieces of iron on the rails. He said he knew nothing about them. About four o'clock on Wednesday afternoon, 17th inst., saw him again ; asked him if he knew who put the irons on the rails ; he said no, but immediately afterwards said that he had put them on himself, and that he did not think it was any harm. The boy went to the place, and showed the irons. They were about 300 yards south of tho Winton Creek bridge, on the railway. Knew the boy's • parents ; they once lived at Harrisville. The : boy had been about a fortnight or three weeks ' working with the cook at the Meat Preseiving I works. He said his age was becween 13 and 14. I William Convers, railway manager, stated thai l the pieces of iron produced -were made here for a special purpose. They might be called fioh chairs. They act. as a fish plate and chair in one. There are some on the line near Winton. Such pieces of iron, placed on the rails longitudinally, would probably throw the train off the rails. They would be too low, in witness's opinion, for the wheel-guard to catch. Did not consider that a more dangerous piece of iron could have been selected for the purpose of throwing the train off the rails. The trains travel at the spot where they were at the rate of about 30 miles an hour. There is a curve in the line at the spot. Did not think that the train could have been stopped in time, even if the driver had seen them. It would depend on the speed and the weight of the train, and whether the rails were wet or dry. Sub-Inspector Fox stated that the boy's parents lived in Dunedio, that he had >un away from them, and that he (Sub-Inspector Fox) had received authority to send him back, and was enquiring for him, but unfortunately did not discover him in time to prevent the commission of this offence. His Worship said he was very sorry he had not. He regretted very much to have to commit a boy of the prisoner's age for trial, but as the law stood, after the evidence which had been produced, there was no alternative. Prisoner was committed for trial. M'-Ewan and another, as executors of the estate of Alexander Stewart, deceased, v. Whybrow, was a claim for £11 2s on a dishonored acceptance. Defendant did not appear. Mr Wade for plaintiff. Judgment for amount claimed, with costs. Calder, Blacklock & Co., v. William Fraser. — Mr Wade for defendant. This was an action to recover the amount, £4 0s 6d, expenses incurred in bringing a wool-press from Otatara to the Invercargill Jetty. The wool-press in question had been purchased by the plaintiffs, and delivery had been taken by them. Jividence was led for the plaintiffs to show that defendant warranted the machine to be in good order, which it was not. The defendant denied that the sale note relied on by the plaintiff amounted to a warranty, and led evidence to show that the press was in fair order. Judgment reserved until Friday.