MAGISTRATE'S COURT

Taranaki Daily News, Volume LIV, Issue 35, 4 August 1911, Page 3

MAGISTRATE'S COURT

IiIIKACIIKS OF BOROUGH BY-LAWS. j In the Magistrate's Court yesterday morning, before Mr. 11. S. Fitzherbert, S.M., several residents were fined for breaches of the borough by-laws, upon hifomiatioJis laid by the borough inspector.

! Jaanes Oement Webster was prosecuted on a charge of burying nightsoil on his premises in Vivian street, during May, June, and July, contrary to the provisions of the -by-laws. He pleaded guilty in ignorance of the law, and was convicted and fined 5s and costs 7s.

William Tweedale was similary charged in reapect to his premises in Courlenay street. Asked to plead, he said he presumed he was innocent until proved guilty, and said he considered the proper procedure was for the inspector to prove 'his- case. The magistrate accepted' this as a plea of not guilty, and the inspector gave the facte- as he had found them when -making his house-to-house inspection. Tweedale's wife admitted to him that the defendant was in the habit of disposing of the night-oil as charged in the information. The sanitary contractor, Mr. Bagley, gave evidence, and Tweedale was fined 10s. and 110s costs. , . ' I (Robert Alexander Gray, charged -with cycling on a footpath in Wallace Place on July 2nd last, was fined 5s and costs 7s.

AX UNLTGHTEID VEHICLE. Upon the information of the police, John Edmund Nixon was charged with driving a vehicle without lights in St' Aubyn street. Sergeant Dart said that Nixon had told him that he had been working in- the country and was unable to get back in -daylight., He had also found it impossible to borrow lamps, A fine of 10s was inflicted, with costs amounting to 7s. A ROW ON A 'BUS.

George Kendall was charged with' having been drunk io a 'licensed vehicle plying for hire on July 22, and further that iby his behaviour a breach of the peace was occasioned. He pleaded guilty to both, charges.

Walter Sturmey was also charged ytith misbehaviour on the 'bus, causing a breach of the peace. He pleaded guilty under provocation. Mr. Johnstone, who appeared for Kendall, said l that both offences arose out of the same circumstances. On the night in question Kendall boarded the 'bus slightly under the influence of liquor. When the 'bus had gone some distance up Devon street 'he attempted to get oil, but was prevented by two men. In the struggle Sturmey was struck by Kendall's elbow. There had, he said, been some feeling between these two men, , and Sturmey quickly demanded- to know J if the blow had been given intentionally. I Kendall's story was that he Tcplied in the negative, but counsel's opinion was that the weight of evidence would be against him on that point. Sturmey thereupon struck him several blows. Kendall was laid up and unable to attend to his duties .for about a fortnight, and he asked' for leniency on his client's behalf, as this was his first offence. Sergeant Dart said that both men boarded the 10 p.m. 'bus for Fitaroy on the Saturday night. Kendall was' sit- . ting on Sturmey's knee, and there was ■■ nothing to show that there was any ill- [ feeling between them. Kendall's behaviour was exceedingly bad, shouting | and using bad language. The driver reI monstrated with him, and Kendall said , he would jump off the 'bus. He then attempted to do so, although the 'bus was going fast at the time. Sturmey tried to hold him back, and KcndaJl struck him with his elliow. Sturmey , then did what many other men would have done—he took the law into his own hands and struck Kendall several times. ' In that, of course, he was wrong, even | admitting that he had been subjected to great' provocation. Kendall was to ' blame for the occurrence in the first place, but Sturmey was also to blame. ' He emphasised that the occurrence might easily have caused greater annoyance than a scene in the streets, for in the

street people could move away, whilst

passengers in a public conveyance like this were compelled' to witness and overhear the disturbance. Fortunately on this occasion there was but one lady passenger and she was. inside the 'bus, whilst the row took place outside. No evidence was called.

Mr. Fitzherbert said that the facts as stated by Sergeant part were correct, and that men travelling in a public conI veyance must be careful of their conduct. There had apparently been verv bad .behaviour on the part of Kendall, who would be fined £1 and £1 2.s costs, and. convicted and discharged on the charge of drunkenness. Sturmoy was convicted awl fined 5s without costs. j