Our Stratford Page

Taranaki Daily News, Volume LIV, Issue 221, 16 March 1912, Page 3

Our Stratford Page

Stratford, Friday. MAGISTRATE'S COURT. The monthly sitting of the S.M. Court was held to-day, Mr. W. G. K. Kendrick, S.M., presiding. A DEFENDED CASE. Newton King v. W. 11. Stronach and D. G. Stronach. Mr. R. Spence appeared for plaintiff and Mr. W. D. Anderson for defendants. After argument upon .Mr. Anderson's application to join Tko's. Huzziff jw an additional defendant, in which the Bench decided against the applicant, Mr/ j Spence opened very briefly. Stronach Bros., he said, were milking for Mr. < Huzziff, and in May last they ordered' some oats from the plaintiff's storeman. They were entered to Stronach Bros., and consigned to them, and it was only within the past few days that they had heard anything of Huzziff in the ter.

George Pugh, storeman for Mr, King, gave evidence that W. R. Stronach ordered the oats and asked that they be consigned to Stronach Bros, at Huiroa. There was no mention of another party. To Mr. Anderson: Thomas Huzziff came in with Stronach, but the only part he took in the dealings was that Stronach appealed to him. for guidance as to a fair quantity to sow per acre. Luis Riera, manager of the commercial department in Newton King's Stratford business, produced the railway consignment note and the day-book containing the entry of the business. Pugh asked him for a quotation of prices of oats for Stronach. He asked, "Who is Stronach?" and Pugh snswered, "He's working for Huzziff at Huiroa." Cross-examined: W. R. Stronach saw, witness about five or six wekes ago, and told him the oats should now be charged to Huzziff, as they had already been paid for or arranged for. Huzziff had seen witness some weeks after the transaction and complained of the price. He : told him that (is he knew the oats were] being sown on HuzzifFs land he had sent the l best quality, such as he always required. Huzziff merely brought in a message from the Stronachs. After Stronach's message concerning the charging to Huzziff, he saw the latter, who said that the oats had not been paid for or arranged for. Mr. Anderson, in opening the case for the defence, said that the order was given by Huzziff to Pugh, with instructions to charge them up to Stronaclis, who were milking on shares on his land j —under an agreement. Then that agree- j ment was rescinded, and the' Stronachs 1 became wages men, this being retrospec-j tive to the date on which they had commenced on the farm.

| W. R. Stronach, one of the defendants. | cave evidence that he and Huzziff were in town, one day, and agreed it would be best to put in about eight acres of oats for winter feed. Their agreement provided for defendants sowing root crops, i but not oats. He did not order the oats, j Huzziff did and instructed that the oats] should be addressed to witness. The) oats delivered were more expensive than those ordered, and Huzziff himself complained to King about it. The oats were never sown, but were used in feeding Huzziff's horses and other stock. Two bags were left when he and his brother "got the sack." To Mr. Spence: The agreement provided for his providing winter feed for the cows x>n the farm, the cost of the manures to be borne between the par-j ties, and the cost of the seeds by thej milkers (Stronach Bros). Huzziff didn't fulfil his agreement. He didn't supply the cows. What were there were dying of starvation. Mr. Anderson complained that this cross-examination was irrelevant to the case, although it might be of use to Mr. Spence as counsel for Mr. Huzziff. Cross-examination continued: When the account came to him for the goods he handed it to Huzziff. He complained about three months after delivery of the goods. Mr. Anderson again applied to have Huzziff added as a defendant. The Magistrate interrupted Mr Spence, when _ Tie was about to oppose, the application, and said he was satisfied that the defendant had ordered the oats, they were consigned, entered up, and delivered to him, and no complaint was made to the plaintiff for months afterwards. The S.M. said that when a. man ordered and took delivery of goods, received an account and made no denial of liability within reasonable time, he could not expect to be relieved 'of liability by making an arrangement with a third party. Judgment for plaintiff for £5 9s and costs. UNDEFENDED CASES. Judgment by default was given in the following undefended cases:— R. H. Bight (Mr. Fookes) v. E. White, claim £4 2s 6d, costs 16s; McCluggage

* From Our Resident Reporter. * T <s» * Office: No. 3, York Chambers, Stratford. <f> * <t>

Bros. v. A. Brown, claim £6 12s 6d, costs £1; Uhlenberg Bros. v. F. Belk, claim £1 18s Od, costs 13s; S. J. Small v. C. Lowett, claim £1 2s, costs ss; same v. J. Dodunski, jun., ciaim 19s 6d, costs 'ss; Ivemp and Sawle v. E. Smith, claim £1 5s sd, costs 5s j Kemp and Sawle (Mr. Anderson) v. A. Koorey, claim 10s 9d, and costs; Stratford Hospital and Charitable Aid Board (Mr. Fookes) v. P. D'Arcy, claim £4 16s, costs 10s; same v. D. F. Wildermoth, claim £1 106, costs ss; T. D. Oolson (Mr, Fookes) v. J. H. Floyd, claim £0 2s 7d, costs 23s fid; same v. A. J. Hill, claim £2 9s 6d, costs 10s; same v. Selwyn East, claim £1 16s Bd, costs ss; F. H. Williams (Mr. Thomson) v, Arthur Evans, claim £2 Bs, costs 10s. Judgment summons—Jas. Patterson (Mr. Thomson) v. Melvin Loveridge. No appearance of debtor. Order made for payment of the full amount (£4 10s 6d) forthwith, in default seven days' imprisonment at New Plymouth.

POLICE CASES. THE MAORI AND HIS GROG. Ernest E. Ritchie, of Pohokura, who did not appear in person, but was represented by Mr. Robt. Spence, was charged by the police that on February 3rd last he served intoxicating liquor to a Maori named Manaia on the StratfordTe Wera railway, such railway being within the Taranaki Maori Council's district.

I Mr. Spence saia trie accused would plefed guilty. The Magistrate, however, said that in the absence of the defendant himself he could not accept the plea without formal proof of the offence. Mr. Spence: Wfin't you accept the plea, even through counsel? His Worship said that that would be ! contrary to his usual practice. In his experience he had seen a plea accepted in that way, and had known afterwards i of the accused persons turning round and declaring that counsel had no authority for entering such plea. Constable Liston was thereupon put in the box, and proved the offence. On the date in question, he said, there were several Maoris on the train, lively, and singing. Ritchie was there. A man ■ named Quarrel came in and gave some I beer to> the Maoris. Then Ritchie produced a bottle of whisky, and handed it to Manaia, who took a drink and then offered the bottle to a. Maori woman, who declined it. Th,e. bottle was then handed to Rangi, when witness stepped into the: carriage and took the bottle from him. The constable added that he had been standing on the platform of the guard's van, and the accused might or might not have known they were there. Mr, Spence, in asking for lenient treatment, said that Ritchie was the 'school teacher at Pohokura; and- handed in a statement from him, in which he .stated that lie was not aware that he was committing an offerice, as he had often seen Maoris drinking in hotels and elsewhere, and had even seen a Maori acting as barman. He mentioned, too, that a policeman was standing only a few feet iwav when he handed the bottle to the Maori.

The* Magistrate said the accused was merely pleading ipiorance of the law. Mr. Spenee said there could be no, doubt that Ritchie knew nothing of the 1 law. He himself hadn't been aware that Stratford was in the Taranaki Maori Council district. The man merely, in full view of a constable, handed the bottle to the native. In asking His Worship not to convict the accused, Mr. Spence said such a conviction might prove a very serious obstacle to the defendant in the pursuit of his profession. The court was entitled to take into consideration the" accused's frank and open admission, the fact that he was only a recent arrival from Australia, and had no suspicion that he ■ was doing wrong. - Sergeant McNaely said the case was brought to serve as a warning to pthers. There was no doubt that the law was not well known here. This was the first case in the district. It/was a serious offence, as was seen by the fixing of a maximum fine of £SO. .He hoped no, one else would commit the offence and come to the court and say he didn't know the law,

The Magistrate said that there had been no previous case of the kind here, but in the Hawera district lately he had fined heavily where he had been satisfied that the accused men knew they committed an offence. Whilst agreeing that the accused knew nothing of the law, His Worship .expressed the opinion that it was a foolish thing for a man in the defendant's position to give liquor to natives, for lie must have seen enough to convince him that they were better without it. Be* explained that Maori men were allowed to be served with drink on. licensed premises for consumption on the licensed premises only. It was illegal to supply Maori women with liquor at all. He could not see how he could do otherwise than convict accused, but he would make the fine light. He was sure that if the matter came before the Education Board the latter would take into consideration the circumstances and would not punish him. A fine of 5s and 7s costs was inflicted. Benjamin Quarrell . was similarly charged, in respect of supplying liquor to a Maori named Rangi at the same time. The accused, was a new arrival from Tasmania. The Magistrate inflicted a fine, as in the other case, but gave warning that in future any persons supplying liquor to natives would have to take the consequences, and he would make the fines heavy.

AN IRRITATING LOCATION ' SHORT CUT PROVES EXPENSIVE. George Hunter appeared in answer to a, charge of trespass on the railway line, arising out of a habit of taking a "short cut" from Broadway to Juliet street, or vice versa, by crossing the railway jard. He pleaded guilty, and went on to make an explanation. He said he was the manager of a timber business in Stratford for Mr. Syme, of Hawera, and his premises in Juliet street were opposite the railway station, across the line. To go from his office to the platform by way of the road entailed walking about a quarter of a mile more than by crossing the line, and as his firm put about half a million feet of timber annually through the Stratford rajlway station, besides a large quantity of joinery, he was of necessity a good deal about the railway premises, and frequently stepped across the line on to the platform. He thought he was entitled to this con sidoration, and had been so crossing for some time. 1 Sergeant McNeely .said that the defendant had been repeatedly warned verbally by the stationmaster, who ' had also written to. the defendant onthe matter, but he continued to iict in ppen defiance. ' '

fhe defendant said that Mr. Campbell Had certainly given him warnings in a good-natured way. The Magistrate said that the reason for preventing passenger traffic 'on the railway line was to prevent accident, and if an accident occurred owing to persons. frequenting the yard the officials would he asked why they allowed the trespass. He knew that many of the New Zealand railway stations were very • inconveniently situated. He instanced Inglewood, which was worse than StratI ford, the station being away from 'the: I business sidfe of the square. But there! a turnstile had been erected to allow | people to gain access to the platform by! crossing the metals. The only thing to be done here, he supposed, was to ask the Railway Department to construct a subway or an overhead bridge. The defendant explained that he frequently had to go into the yard to see stuff on trucks, and from there he stepped to the platform. Sergeant McNeely: It's not that that i the department complains about, but } about the defendant crossing from the ; platform to his office. The Magistrate suggested Mr. Hunter might try and get an office on his side of the yard, but Mr. Campbell, the stationmaster, rose in the body of the court and said that the goods office was already on that side, opposite Mr. Hun-1 ter's office. j

The defendant: I admit Mr. CampbelJ I has been long-suffering. I've had a [pretty good innings. It's a waste of [ time to go round, and perhaps I've taken too many liberties. A fine, of 10s and costs was imposed. W. H. Jebb was similarly charged. He pleaded guilty, and complained he had never been warned. He had believed the public had a right to cross the line, but at their own risk. Sergeant McNeely said that the defendant had been warned, had refused to stop when spoken to by the stationmaster, and had declined to give his ! name. James Campbell, the stationmaster at Stratford, gave evidence that Jebb declined at first to stop, or to give any information concerning himself. He| thought the defendant knew quite well that he ha - no right to cross the line. The dp" idant: Why did you allow another individual to cross the line, right in your face, and make an exception in my case? The witness said he had not seen anyone else cross at the time. Fined 10s and 7s costs. R. Rogers, a boy, who was accompanying Jebb, pleaded guilty. He was obviously distressed, and pleaded that he had merely obeyed Jebb's orders. "When I'm out with someone I'm supposed to do what I'm told." He was told, however, that he mustn't do wrong at the command of anyone. Fined ss, without costs. .

LAWN TENNIS. The Inglewood and Stratford Lawn Tennis Clubs wfll play a match at Stratford on Monday (St. Patrick's Day). The Stratford team is as follows:—W. Crawshaw, Don Cameron, R. B. Anderson, C. H. G. Hedditch, J. A. Thompson, P. A. Wilkie, 0. W. Yaughan,' and Misses Black, Orbell, D. Mackay, Wake, O'Brien and Hazel Mackay, and Mrs. Rennell. » GENERAL NEWS. "Not served. Defendant dead." So announced the clerk of the court -this morning in reading out a case. Reminds one of the "Gone, left no address" of the postal authorities. 1 "If Mr. Spence" wants.to address the court, let him get up on his feet and do it," ejaculated Mr. Anderson in court to-day, when he was subjected to a series of interruptions from his overeager "friend." There was a well attended meeting of the Boy Scouts on Thursday night, when the boys were given physical drill exercises. Arrangements have been made with Captain Grubb, of the Fire. Brigade, t'o give lectures on fire brigade work, and Mr. P. Bird, Scoutmaster, informs me that the ambulance classes will also be resumed shortly. A bugle and side-drum band is being formed in connection with the troop, and the boys are to be heard practising lustily and assiduously.

Lieutenants Crawshaw and James, of the Stratford Mounted Rifles, are to sit for their lieutenancy examination at Wavertey to-morrow (Saturday). It's been raining here latterly. Miserable, dull weather has reigned (no pun intended). This evening is fine. Whoop! The swimming carnival in aid of the baths improvement fund, postponed from Thursday, will probably be held on Thursday, 21st inst. i YM