MAGISTRATE'S COURT.

Taranaki Daily News, Volume LI, Issue 306, 22 December 1908, Page 4

MAGISTRATE'S COURT.

The last of' the I'JOS sittings of the Magistrate's Court was held yesterday, win.ii Mr 11. N. Fitzlieiberl, SJL, had a, fairly lengthy list to dispose of.

JiOlttH'Cll BY-LAWS JSKOIU.X AUr'd Percy ltoss pleaded guilty to a bleach of tin- borough by-laws (1) hy| driving lioivs nlo.ig a ioolpatli in the borjtigii, and I-! by driving horses not under prop.'r control. The charges were laid by ihc borough inspector. Tile defendant u<i n fined 10s and cost 7s on each charge.

A .MII.K SKLLEIt FINKD. Hubert C. I bnimv, dairyman, was charged at the instance of the ll'calthj Department (1) wi.ii having sold adulterated milk near the New Plymouth railway station to F. Bnttiniore, and (2) with having sold milk containing 13.8 per cent of water. Mr Kerr appeared for the prosecution, ana njr' Xicholson for defendant who pleaded guilty to eaeli charge.

Mr Kerr said these were the iirstlocali cases under the sale of Food and Drugs Act, I'JOS. Other eases had been hcaril in Wellington, Waiig.inui and Stratford. The Act made it an offence to sell adulterated food or drugs unless the purchaser was informed of the nature of their contents, or a, description given on tile package containing the goods. The I regulations under the Act rei|uired that milk should contain hot less than 12 p?r eent of total solid*. In the milk in quc--tion the solids were only 10.113. Under the Act it was no defence if defendant I did not adulterate the food wilfully.] unless he could prove that 'lie had taken all reasonable precaution in the matter. To nllow that the standard fixed by the regulations was not an arbitrary" one he mentioned that on the same day that this milk in question was sold 77 samples were taken between

Wellington and Stratford. The results in each ease exceeded the standard required. The Department did not press for a heavy penalty in this case. Mr. Xicholson stated that defendant had to plead guilty because lie was not able to avail himself of the only licence Open to him. A bottle containing the sample handed by the Department to Mr. Clemow had been broken by accident, and he had thus been unable to get an independent analysis. Mr! Clemow was not on the cart himself ami had not personal knowledge of the adulteration. I His Worship: It's astonishing how water ilo'es get into the milk, isn't it? Mr. Xicholson said this was a serious matter, the reputation of the defendant dairyman lieing likely to be affected. His Worship intimated that tlie defendant was liable to a fine of not more than £SO, and if the offence were proved to he wilful imprisonment could lie ordered. He would inflict a fine of £2 with costs £3 19s, on the first information. On the second information the defendant was convicted and discharged. UNDEFENDED CASES. 'Judgment for plaintiffs bv default was entered in the following cashes:—J, O'Driscoll (Mr. Johnstone) v. G. Rowe claim €3, costs 10s; Mrs. E. N. Herbert (Mr. F. E. Wilson) v. Rupert lironnan. claim t'4 15s. and costs 14s: Dr. 11. A. McCleland (Mr. Wilson) v. W. Arm strong, claim £ll 3s Od, costs £1 10* Gd. AM.FXIEO XF.CLICEXT DRIVING. William .Tames flrar. of Okato. farmer, sued Thomas Frederick Trimble, another fanner ill the Okato district, for £.) oil account of his having killed and injured the sheep of the plaintiff by neg ligent driving into them on the road, j Mr. Quilliam appeared for the plaintiff.'! and Mr. Nicholson for the defendant. , The plaintiff gave evidence that on 23rd November last he and his son were driving about 140 sheep along the Hemptori road, intending to turn into the South road. He saw defendant coming along the main road in his milk cart The .sheep eould easily have been seen by the before be reached them, but he drove right through them, cutting oil about fifty and driving them ahead of him without slackening his. pace. As they fagged the sheep dropped to right and left. There was ample room on the macadamised road and two side-tracks for the defendant to have avoided the sheep, but he kept them galloping ahead until the bridge was reached. There they stopped, and lie drove through them,' the wheel of the cart passing over one and crushing its head and neck, practically killing it. It appeared to the plaintiff that the defendant was racing to get to the factory before someone else. He chased the sheep fully 13 chains before the accident occurred. One was practically killed, another had its «pinc injured and liad evidently gone awav to die. and two were lamed. He went after Trimble, and Accosted him at the factory. The latter denied having run over the sheep, and then said: "Well, they were in my way." Hot words ensued, and the defendant 1 offered fight. The' plaintiff dragged the sheep along to let Trimble see it. but lijb was not much concerned. He had given Cli for the ram and ewe from which this sheep was bred. It would be worth from £2 10s to £3. Another i sheep which he hail lost as the result of the accident was worth 12s, and two others had deteriorated in value by at least £1 each. To Mr. Nicholson: His soil had some cattle just behind the sheep. There Were no cattle amongst the sheep on the j main road. .Some of the sheep had turn-, ed the corner, and defendant drove through them. Defendant was driving an ordinary milk-cart horse in a spring cart, laden with probably six cans of milk. Plaintiff was about three chains behind the defendant When the sheep was run over. The mob was fairly compact. about two chains from one end f. the other, lie took the injured sheep' to the factory to show to defendant. Tt was practically dead then, so he cut Its throat to put it out of misery. On the by-road the cattle and sheep had almost become mixed, but not on the main road. The defendant, and no ouc else, drove through the sheep. Re-examined: Ife had been amongst sheep and cattle all his life. When ac-. etised, Trimble first denied having killed the sheep, and then said they were in his way. To the Court: The defendant was driving at a speed of about nine miles an hour, and continued at that speed until he rail over the sheep. Ronald Cray, son of the previous witness, gave corroborative- evidence Heard bis father call to Trimble to slop, but no notice was taken. When lie got to the bridge there was an injured sheep lying oil the bridge and kicking, anil the i-nttt" i-efn.-il to enws. His father cut the sheep's throat, and witness skinned It. Tt s neck w'as broken. There were three others injured.

This concluded the easo for the plaintiff.

For tin* defence, Mr. Nicholson called John Eves, Limier, of Okato, who sworn that on the day in question lie was driving to the Okato factory, and parsed the defendant opposite Mr. Ben Cray's place*. Defendant was driving a brood inure in his cart. ami she was walking then. The load would lie about HtOOlbs. Witness was driving perhaps five miles an hoar. When lie turned the Hempton road corner there were sheep on the main road, and .some ran across the bridge in front of him. Two men were bringing other* down the Hempton road. They nil appeared to belong to due mob. From the drover to the foremost sheep would bo somewhere near half a mile; certainly more than a quarter of a mile. Cattle and sfo'fp were running together. Defendants marc could not travel at a rate of -line miles an hour. If defendant's cart and lOnOllis of milk went ovvr ihe sheep's ne-k, there'd be mightiy little left of the neck. Mr. \icliol>ou: Could it kick then? Witness: ] don't think so. ; Mr, Nicholson: And jf it were dragged 1 another chain or two, would it be alive then ? The Magistrate: This is not a doc-tor. von know, or h veterinary surgeon. I don't suppose he's seen ninny sheep with their heads cracked by being run over by a cart. (Turning to witness). Have yon over seen one? Witness: No. To Mr. Ouilliani: Defendant was about eight chains away from him he turned into tlm factory. Pulled to[ one side to pass the sheep without i/i-r juring them. j To the Court: When he passed the] junction of the roads there were slieep

on the road ns I'm- as the bridge. The bridge w;is ;ibuut tell chains from the I corner, mid the drovers were about ten elmins up the road. Th« Alagistiute said tliat Ummo <lUtaueea were conflicting and allcetcd the reliability of tile witness' evidence. Il'atriek Carey deposed that he passed tlit! tlrays on the ilcinpton road üboiit j two chains from the main road. Tb-y ivero driving sheep and tattle mixed. I Trimble had gone over the rise and | down to the bridge before <-« ray arrived jat the cornel-. It was impossible to see Itlu> bridge from there unless a 11K.-1 scaled a telegraph jiole to look.

His Worship warned the witness not to exaggerate, and that he himself knew the. road. The witness persisted, and then said that to do this a man "would have to be pretty tall." Continuing, lie said Trimble's horse was trotting at about three or four mile.s an hour—a .statement which the .Magistrate characterised as absurd. The witness added that there were scvenl chains between the first slice]) and the drovers.

To Mr. Quilliaui: If a man were in a hurry it was quite proper to drive right through a miob of sheep. The S.M. said he never paid much attention to silly remarks of that kind.

Thomas Frederick Trimble, of Okato, farmer, the defendant, said lie was driving a heavy draught brood mare, anil had about lOOOlbs of milk in a heavy spring cart. It was impossible to make nls inare go fast. W'llell he passed tin* end of lleniptou road the Grays were a couple of chains down the lleuipton

road. Lioing down hill to the Kaihihi bridge he overtook some sheep, but got 1 through them safely by applying the brake, twice, and stopping once. There was another lot at the far end of the bridge, and he drove around those to the factory. There were sheep ahead of him when he turned into the factory. There was fully half a mile intervening from the drays' to the foremost sheep. i lie denied cutting the mob in two, and declared that lie had a clear drive round the corner. Some slice]), exhausted and j panting, were standing on the middle n[ the roail just over the bridge. There were none on the bridge. Gray could

not see any of his .sheep except those which he was driving immediately in front of him. lie denied driving over a sheep. JU- never travelled fast to the factory. No supplier ever did. The Magistrate said lie had passed factory suppliers driving with great loads of milk at fully ten miles an hour. Witness, resuming, said that lie had not offered to fight Gray. It was more than his principles would allow him to drf. It took witness half an. hour to take Ilis milk-cart from his house to the | faetnrv, a distance of two miles.

To Mr. Quilliam: There was no sheep, dead or alive, on the bridge when witness reached it. There were, sheep going off the bridge when lie went on. To the Court: There was no one driving on the road between him and Eves. The plaintiff was recalled. He said he actually saw the defendant drive, over the sheep on the bridge. He was positive of that. It was quite impossible to see the bridge from the Hampton road. The defendant was not out of his sight between the junction and the bridge. He Svus following him as closely as possible. He was two chains away at the time of the impact. The Magistrate, in summing Up, re- | ferred to the very contradictory nature of the evidence given. He remarked that all the witnesses stated that the plaintiff was two chains up the road when defendant passed, and that would seem to fit into the plaintiff's statement that the defendant cut oil the leaders of a mob covering about two chains of tho road. The pace at which defendant travelled was of little moment, but the point was to decide whether the driving was careless and- negligent, lie held that it was, and, that plaintiff's case was proved. Judgment was given for the amount claimed and costs. BREACH OF BUTLDINO BY-LAWS. The borough engineer, for whom Mr. k Quilliam. borough solicitor, appeared. | proceeded against Newton lung for I breach of the municipal by-laws ill his . having erected a building on the Kawau | Pa reserve, within the horough, withj out having first obtained the necessary . permit. Mr. Quilliam said he understood that this was merely an inadvertence, Mr. King having given instructions that a temporary shelter should be erected for manures, and the effect given to the instructions being the erection of an iron building 40ft x, 20ft. A double breach oi the by-laws had thus been committed, for the building was erected within the "lirick area." where it should have had brick walls. No doubt the Borough Council would by special resolution have waived the necessity for tile brick walls in this case, seeing that the site of the building was "made" ground, offering little foundation for walls of brick.

The defendant appeared in person, but offered no defence. A fine of 5s and costs was inflicted. Mr. Quilliam said that uo doubt the defendant understood that there was a ; continuing offence in allowing the building to remain, and he would to make arrangements with the municipal authorities. AKREAKS Or MAINTENANCE. Ellen May Throsse* sued her husband, Edwin Throsscl. at present residing in Elliot-street, New Plymouth, for £4l arrears of maintenance. Mr. Johnstone ' appeared for the plaintiff, who, owing to illness, could not be present. Xh<* defendant was put in the box, and he admitted the authenticity of the deed of separation produced, in which he. had agreed in 1000 to pay £1 a week towards the maintenance of his wife. Mr. A. H. Johnstone, who appeared for the plaintiff, stated that the parties were married in Sydney in 1804, and <rfter Hvins? there for some years came to NVw Plymouth. Tie re disputes and .quarrels occurred, and eventually they I separated in 1000, the defendant agreeing to pay £1 per week towards the plaintiff's support. Since then a total of £IOB had fallen due, and only £O7 had been paid. The present claim was for the balance of ;C4l. No defence was offered, except (hat the defendant said he was at present doing nothing, and was penniless. Judgment was entered for the full amount claimed, with C2 10s costs.