MAGISTRATE'S COURT.

Taranaki Daily News, 23 June 1916, Page 3

MAGISTRATE'S COURT.

BREACHES OF BY-LAWS, j Be/ore Mr. A. Crooke, S.M., yesterday, Nathan F. Richard, charged with tethering a horse on the Ngamotu Road, was fined 5s and costs 17s 6d. Thomas Montague. Avery, for riding an unliglited bicycle, was fined 10s and costs 7s. Wm. A. Scott, for Tiding a Tricycle on the footpath, was fined 10s and costs 7s. For a similar offence, Wm. J. Davies was fined 5s and costs 7s. C. R. Batkin, for driving an unliglited vehicle, was fined 103 and costs £ 1 3s 6d. TiRAM AND MOTOR COLLISION. Alexander B. Waldie (Mr. A. R. Standish) pleaded guilty to two charges of driving a motor-car w'hen drunk, the first on the South Road at 3.45 p.m., and the second on Devon Street East at 5.20 p.m.

Mr. Standish mentioned that defendant had been in tqpvn that day. He knew he should never touch intoxicating liquor, but he was not well, and in a moment of weakness gave way. He recognised 'his failing, and was willing to take out a prohibition order. Besides a great deal of damage to his ear as a result of the accident, he had been notified to pay £2B to the Borough Council for damage to the tramcar. Mr. Standish submitted that defendant had been punished enough by reason of the heavy costs. The Magistrate remarked that he had already fined the defendant for similar offences at Inglewood and New Plymouth, and he was a menace to the public when driving in a drunken condition. Sub-Inspector Fouhy said that the cases were bad ones. In the first instance a tramcar was coming from the breakwater into town. Defendant was driving.his motor-car in front of the tram, and refused to let the tram pass. The motor-man called out to Waldie to let the tram pass, but the defendant appeared to be so drunk that he was unable to control his car. The motor-man then stopped the tram. and. with the assistance of some of the passengers, pushed the motor-car off the tram-rails. Later on, about 5.20 the same evening, the motor-man of another tramcar, which had just left Eliot Street for town, saw a motor-car approaching. It was running on the tram-lines. The motor-man sounded his gong se.veral times, and, seeing the motor-car approaching too closely and making no attempt to get off the rails, he pulled up. When the motorear was within a few feet from the front of the tram-car, the driver (defendant) attempted to turn suddenly to the left and struck the tramcar almost at right angles. The driver was lifted out of his car entirely unconcerned as to the accident, and stupid with drink. Both cars had suffered considerable damage.

His Worship: I sec no grounds for leniency. Defendant will be fined £5 in each case, and costs £l.

NON-ATTENDANCE AT CAMP. Harry J. Calgher (Mr. A. A. Bennett) pleaded guiltv to failing to attend camp at Rangiotu'on May 23. Mr. Bennett said that the employer of the defendant accepted full responsibility for the breach. He admitted that Calgher approached him re attending camp, and he told him not to go, as lie" could not possibly spare him from the business. The Magistrate: 's not this an offence? Mr. Bennett: Yes; and I would suggest that the prosecution should be against the employer and not the lad. Mr. Kibby had two assistants in his business as a carrier—his son and Calgher. Kibby, jun., had gone to the front, and unless the remaining two worked day and night it was practically impossible for them to carry or the business. The Defence authorities were made awart of this position, and informed Mr. Kibby that Calgher could get exemption from camp if application were made. This, 'however, was not done. Lieut. Packman said that Calgher belonged to the A.S.C., and there were ten opportunities between February 21 and May 31, any one of which he could have taken, to fulfil his obligations in the matter of attendance at camp. He had been advised to apply for exemption, but apparently refused to do so. In reply to the Magistrate, Lieut. Packman said that if a man stated that his employer would not illow him to attend camp the employer would be prosecuted. In this case Calgher had not previously said that his employer prevented 'him from going to camp. James Kibby, carrier, gave evidence on the lines of Mr. Bennett's statement. But for his influence Calgher would have attended the camp. He was perfectly willing to take all the blame. The lad had asked him for permission to go to eamp, and he had replied: "Stick to me. It's the only way we can keep the business going." The case was adjourned, to see if the Defence Department would prosecute the employer.