MAGISTRATE'S COURT.

Taranaki Daily News, 6 October 1916, Page 2

MAGISTRATE'S COURT.

J - THURSDAY, OCTOBER 5, I.o] C, Before A. C'rooke, Esq., S.M. ADULTERATED MILK. John Hale, for whom Mr. A. A. Bennett appeared, was proceeded against on two charges of selling milk that was not up to the required standard, the date of the offence being- August HI). Mr Bennett said that he had been instructed to plead guilty to both counts. Defendant had been a good supplier to the public for 18 years, and had never been changed with an offence. The case arose really out of indiscretion on the part of defendant's son, who, on the day prior to the last races, found Jiis mill; supply for regular delivery running short, and went to a dairy to replenish it. It was after this that the 'health inspector had purchased the milk. The fat requirements, or; analysis, showed a surplus of .80 and the deficiency in solids other than fat was .2,1, Sub-inspector Fouliy said that the water added was 0.3, and the deficiency in solids other than fat was due to that. The- boy from whom the milk was taken had not informed the inspector that he 'had .purchased from another dairy. Leonard Hale, son of defendant, deposed to sending a man who was ou the round with him on August 30 for two gallons of milk, which he mixed with what was left of this own, as his supply was running out. The mai> was then in the employment of witness' father, but was not now. The added milk was procured at a duiiiy, and it was after the mixture that ■ the inspector took samples. Witness 'had been short before, and left :ustomers without milk. The hotels wanted extra on the day in question, on account of the number of visitors to the races on frho following day. The magistrate said the ea.se was'apparently one of carelessness. Defendant was proba'bly -not morally liable, but be was legally liable, and lie.would be fined £2 with costs £1 Ms Od. BREACHES OF COUNTY Bi-LAWS Philip Percival was, on tilie information of C. D. Grant, Tamnaki County Council inspector (Mr. T. H. Quilliam)', charged with plying for hire with a motor ear without a license. Defendant was convicted and fined £l, and costs •235. John McFettcridge was charged with driving a vehicle on September 11 on the .Mountain Road without proper lights. The inspector gave evidence, and defendant was'fined 5s and costs 28s. 'Norman 'Bundle, charged with riding a bicycle in Devon Street, near Bell Block, without having a lamp, was fined 10s and -costs 235. MOTOR. CYCLISTS* RACE AT SIGHT. James CI iff was charged with riding a motor-cycle at a greater speed, in Devon Street, fcfian alloweil by the regulation". Constable Nolan gave evidence that accused was racing another cyclist (Horsnell) at 10.50 r.m. on September 27. Their pace was about 40 miles an hour. Defendant, who did nor appear, was fined 20s and costs 7s. Harry Horsnell, charged with the same offence i was mulcted in the same amount. OBSTRUCTING A TEAM. The Borough Inspector (B. Tippiris) proceeded against George Hunt for wilfully impeding tnun traffic in Devo-i Street on Septembei 10. A plea of not guilty was entered by defendant. Mr. J. H. Quilliam appeared for the lioroiisii Council, and asked that if the charged were proved a substantial penalty be inflicted a* a. warning'. 'Defendant was driving a spring cart in the direction of Fitzroy, and just beyond Liardet Street had deliberately crossed in front of a tram that was following. The tramway motornien bad had previous experience of defendant's careless driving in this resipest. Motonnan Alber Betts said the defendant passed ihim at Liardet Street stopping place, Mviiitf a spring cart. When approaching Jackson's stables witness noticed a taxi-ear standing there. Had had previous experience of defendant's tactics, and took particular precautions. Expected defendant to pull up when approaching the Witness sounded the warning 'bell, and defendant, who appeared to pull up, changed his mind arid crossed the line, at a distance of .about four yards. The emergency bra'ke was applied, and the tram : pullcd up within, a foot of the cart. Conductor Robert Mascal gave corroborative evidence. Henry Hefl'ord, taxi-ear driver, said he drove along Devon Street on the date mentioned and ■"itopppd in front of Jackson's stables. Heard the gong of tlie trtfrti go, and looking round, saw Hunt trying tc cross the line.;. Heard i the emergency brake applied, and saw I the ear pull up. | By defendant: Had pulled up for fully half a. minute, and the taxi was not I moving. Was not aware that defendant i was following liini. Defendant, who conducted his own [case, and whb cross-examined the witnesses veiy fully, elected to give evidence, aiid Said that the taxi was not stationary. The Magistrate said that he must convict, as there was no possible excuse for defendant's conduct. H<» would be fined £2 and costs 31s. [k PONY AT LARGE. Wm. Alex Scott, for allowing a horse to wundei at large, was fined 5s and cost J 7s. THOSF FOOTPATH CROSSINGS. Henry T. Gaylard, (Mr. F. Wilson) pleaded not guilty to driving a cart across a footpath in Dawson Street, where there was not a proper crossing. B, Tippins, Borough Inspector, said the defendant had not a permit, which was required, to allow him to cross the footpath wltc.ro he did. Tc Mr.- VvlHori:, There lias, not b'eeri a profier crbMhig tiielfe iSfca IflfrkerbiftS • 'air claafieiiJCmr-l«(i' ; i6««'! l --,.'--. ; :-' j ; ■ Wti Wilson submitted f*a*,-4he' ttm ' ituis't lie , dismissed.. F6f miity' yelrS : there had 'been a proper crossing at the spot mentioned, and if it were not there now it was due to the iction of the Borough, when clay, etc., was carted on to the section. Even now the Council's carts were using the crossing. The defendant gave evidence as to carting a load of bricks over the footpath on to Mi. Sykes' section. To prevent damage to the diaunellir.g he had placed wood in the guttc, up to the footpath level. A. E. Sykes, owr.ei of a section in Daw-son Street, said that the crossing hud been there for many years., and had

been recognised as such. Tt was not until last year that the crossing had been made unrecognisable. There is only about u quarter of an inch of clay over the metal. The Borough carts, with street sweepings, use it constantly. Mr. Wilson saidi that the driving over the. pathway was admitted, but defendant had driven over t> recognised crossing and hud taken every precaution to protect the channel and herb. The point at issue was, is it incumbent upon a property-owner to make a new crossing at any time at the whim of the Borough Council, which, as the evidence adduced, was an equal culprit and breaking its own by-law '! The S.M. said that he would reserve his decision until he had viewed the spot. A case, Tippins, v. Tipping (Mr. Wilson) was stated to be identically the same as the foregoing one. and no evidence was heard, pending his Worship's decision in the Gaylard case. BUTCHERS' 'PROFITS TAXED. Ernest J. Sole, who did not appear, was- charged by the Borough Inspector with having left a vehicle unattended in Watson Street, and without one wheel being locked. A fine of 10s and costs 7» was imposed. A FREE VOCABULARY. ]? Cahecl William Williams pleaded not guilty to a charge of using obscene language at Moturoa on [September 21. Mr. flutchen appeared for defendant. Freda Alldridge, employed at Reilly's tea rooms, and Hugh Reilly, gave evidence in support of the charge. Mr. Hutch™ said that defendant was under the inllucnce of liquor on the evening in. question, and certainly did misbehave himself, but the defence would deny usage of all the language complained of. William Weight and Richard Smith gave evidence for the defence. Tin S.M. commented on the free use of had language on the wharves and the vicinity, and said lie was satisfied that some of the wards complained of had been used. Defendant, would be fined £2 and costs 18s, | in default 14 days' imprisonment with hard labor, I