MAGISTRATE'S COURT.

Taranaki Daily News, 2 November 1917, Page 6

MAGISTRATE'S COURT.

NEW PLYMOUTH SITTINGS. ' A sitting of the Magistrate's Court was held yesterday morning before Mr. A. Crooke, S.M. BREACHES OF BY-LAWS. Stanley Collins, taxi driver, was fined 5s and costs 7s for allowing his ear to stand unattended for a longer time tlian is allowed under tile by-laws. Constable Wroblenski gave evidence tliat on October IS he arrested a map for drunkenness and put him into tlai defendant's car in order to take him him to the station. He waited well over the ten minutes allowed, but the driver did not put in an appearance, and finally he had to take tho man out of the ear. When approached later, defendant was inclined to treat the occurrence as a joke. Sub-Inspector Hutton said the man hired his car for the convenience of the public, and should therefore not remain away from it for a period of any length. Moreover, an unattended car was a source of danger in a busy street. Robert Lacey was charged with having carried a passenger on a motor cycle otherwise than in a proper side car. Tlie Borough Inspector said that on October >6 he saw Lacey riding across the intersection of Devon and Eliot streets carrying a lady on the carrier of his machine. When called upon to stop he first slowed down and then bolted down Eliot street. Chase was given and he was caught in a blind street. He stated that lie was a visitor from Wanganui, and was ignorant of the by-law as pillion riding was permitted in Wanganui. The inspector said that he had been seen at least three times previously in New Plymouth, and on two occasions was carrying a passenger on the carrier. He asked that His Worship should take into .account the fact that the man had bolted..

The Bench said that he could only proceed with the charge of a breach of the by-law, and inflicted a fine of as, costs 7s, remarking that henceforward the motorist would not be able to offer an excuse of ignorance of the local bylaw.

James Clement Balsom, of Waitara, was charged with a similar offence. His explanation to the inspector was that lie was passing through New Plymouth on his way to a send off. This meant that he was breaking no law except for the short time he was passing through Fitzrov.

His Worship said that lie had* been unfortunate in being apprehended. The only way to comply with the local regulations would have been to drop his pas-' scnger at the borough boundary, let her walk to the far boundary and there pick her up again. There was a great need of uniformity in by-laws of the different districts. As the rider was conversant with the by-Jaw, he would inflict a fine of 10s, costs 7s.

Turoa Kahakaura was charged with having driven a car on the South road on September 20 without a proper tail light. A lamp was on the car but it had not been lit. The inspector said he had been given a great deal of trouble as the man gave him a false name and address and asked that this should be taken into account in determining the penalty.

A fine of 10s, costs 12s, including translation fee, was imposed. MAINTENANCE CASES. The adjourned case of an application by Samuel L. Simons for the reduction or cancellation of a maintenance order in support of his mother again came beford the Court. The case was described as "perennial," having been considered time and time again. Originally the defendant paid 7s fid, wliich was reduced by stages to 4s per week. The defendant repeated his evidence of former appearances to show that he was not in a position to pay 4s per week and that he was doing all lie could to help his mother by working for her in keeping her garden and house in order. He was also providing a sister with free board in order that she could help her mother financially. This sister earned 15s a, week and contributed 4s a week to her mother. He could not make up back payments extending over eight months. His Worship said that the defendant was evidently in considerable financial difficulties and could not be expected to pay 4's. The order would therefore be reduced to Is Od per week, and the application for the recovery of back pay- I ments would be dismissed. Claude Jeffries was sentenced to one month's hard labor for failing to comply with a maintenance order in support of his wife made on July 23, the warrant for his arrest to be held over for one week to give him an opportunity to make up back payments. '• SALE OF A POISON. William Fraser was formally charged with selling two drams of tincture of opium in contravention of the provisions of the Poisons Act. Sub-Inspector Hutton said that the prosecution did not ask for a heavy penalty. The facts of the case were that Mrs Le Vinner Alley, who committed suicide on September 5, had called at the sliop and been supplied with the opium by an assistant, who pointed out that she must bring a witness to the sale in conformity with the law. The woman promised to return with a witness, and departed, taking the opium, and did not return. 'Unfortunately the law made the proprietor or principal of a business responsible for sales made by his assistants, and consequently Mr. Fraser was charged through a mistake on the part of his apprentice. A nominal penalty would serve to bring the matter before chemists and their assistants. A fine of Is, costs 7s was imposed.

THEFT OF TRAVELLER'S SAMPLES. Frederick Theodore Poulton appeared on a charge of having stolen on September 12, a suit case eontaWTrig clothing to the value of £2, the property of Macky, Logan and Caldwell, from a car in His Majesty's Arcade, Auckland. Sub-Tnspeetor Hutton said that William McShane. a traveller for Macky, Logan and Caldwell, had left his car In the Arcade, and later discovered that a suit case had been stolen and reported the matter to the police. The accused had come south by the Rarawa the following evening and had proceeded to "Eltliam. On September 14 he had broken into the railway station and was now waiting sentence on two charges in connection with the latter offence. Subsequently the case was found and certain of the goods were found in the possession of accused, and he was wearing one of the stolen ladies' vests. Accused pleaded not guilty. Constable F. H. Townsend, stationed at Eltfoam, gave evidence that on September 15 ho arrested accused at Kaponga on a charge of breaking and entering tlie Elthaa railway station. Later the

suit ease was recovered containing, among other articles of clothing, 11 ladies' undervests and articles belonging to accused himself. The case was left by the accused in a stable along with other luggage accused had brought, and lie admitted that all belonged to Win. The vests were apparently new and had marks showing that tabs had been recently removed. A search at the railway station disclosed six children's pinafores still with the tabs on them, and two pairs of ladies' stockings. Robert Gordon McQuade, manager of the New Plymouth, branch of Macky, Logan and Caldwell, identified the case as similar to those used by travellers of the firm, and recognised the tabs on certain of the goods as bearing the registered brand of the firm.

Constable Fitzgibbons stated that he had interviewed the accused on October !>, and received from him a written admission of the theft.

In answer to the Magistrate, SubInspector Hutton said the accused was 10 years of age and was a runaway from an industrial school.

One month's hard labor wa3 imposed.