MAGISTRATE'S COURT.

Taranaki Daily News, 17 January 1919, Page 7

MAGISTRATE'S COURT.

YESTERDAY'S SITTING, (Before Mr. A, Crooke, S.M.). In +he Magistrate's Court yesterday, before Mr A. Crooke, S.M., the following cases were heard:— ALLIOGED ASSAULT. Cahills William Williams (Mr. A. A Bennett) wn.s charged with assaulting Frederick Cooper Fox, at iTow Plymouth on October 21), 1918, go aa to cause Idai actual bodily harm. He "was also changed with committing a co» -non assault. Sub-Inspector Huttos prosecuted. James W. Bayly, railway employee, >lew Plymouth, deposed he was doing some relieving work at the Imperial Meat Shop on October 23 last. About midday a man .:u..ed Pox came into the shop ar.il asked if Mr. Williams was in. He was directed inu> the ollice. A few minutes Inter witness heard someone calling out "Murder!" Thfc other assistant in the shop (Air. Woods) and witness went- into the office, and found Vvitliams in the act of throwing Fox down. Witness j grabbed an arm of Vv illiaia.s-v>rd caught him round the waise «n,{ they] separated the two men, ''ad a claw hammer (produced) in his hand > Fox stated that Williams had struck! aim with The hammer. Re did not hcarj Williams deny using the hammer. Blootf was running from the fore part of Fox's i head. I

To Mr. Bennett: Witness did not actually see any assault, eicept the scuffle, and Williams made aa attempt at violence or renewing the scuffle after being' separated from Bos.

George Clarence Wood, shopman at tlie Imperial Meat Supply Company, gave corroborative evidence.

Frederick C. Fox, jobbing contractor, New Plymouth, stated that he went to the Imperial Meat Shop on the day of the assault. On going into the office to see Mr. Williams en private business tliey discussed tho matter for some time, but cam? to no understanding. On attempting to leave the office, Williams kicked the door closed, and picked up a hammer lying close to tho door, and ntruck witness ou tho head vtith it. The blow fell on the right side of the top of the head. Williams appeared to have lost control of himself. Wheu ha hit witness he said: "Take that yuu !" Witness closed with Williams and they fell on the> ffoor, witness at t.he same time callir.g for help. He could not say what he called out. The two men from the shop rushed in, ore holding Williaras wlule the other took the hammer from him WJliains recovered himself as r.lekly as he lost his temper, and then fid til he cotiM «o assist w'tness, by bath'rg his head. Witness went to a chemist's shop about aa hour latin' ard Und his head attended to and properly dressed. He also had it dressed again the following day. He did not lose anytime from work on account of what happened. He had not made joy complaint to the police in the matter.

To Mr. Bennett: He had nothing whatever to do with the proceedings against Williams. After what happened in the office they shook hp,mis and parted as friends. Wiliiiuns afco olTe-ed to pay any doctor's expenses incurred, aud had compensated v.-itflfeM fi-f Jnmi'ge to l.ii ciothes. The wouud inflicted healed up completely He had not suffered any actual bodily harm at all—only temporarily George Kards, chemist, employed by Mr. Hall, gave evidence that the wound cn Fox's head was only a superficial .vound. He dressed it. ilad the wound been serious witness would have sent him to a doctor. He came back the following day, and had the u jund dressed again. n

To Mr Bennett: He would not say that Fcts had suffered any actual bodily barm.

Parkinson, in the course of his evidence as to inquiries into the case, produced a statement made to him by defendant, in which the latter Mid tiiat when he closed the du or of the office, at the interview with Fox, thj latter must have mistaken his intention. He made a rush at Wiliiaius and in doing so knocked over a s,mall table, »roni which a tack liamnjer felL Williams grabbed the table, and also picked up the hammer- Fox must, have knocked Williams' arm upwards, which might account for his getting a blow with tha hammer, if lie was struck with it. He (Williams) picked Fox up and threw h : m in the corner. When l'ox t»ot '_p his head was bleeding. They '■i; sed agan.', and when the shop assistants came in they said: "Turn it up; there are people In the shop." They then said they wer: sorry and did not know why they bad lost their tempers, and a3 BWs head was bleeding Williams got some water and disinfectant and bathed it. They shook hands, and. Williams sent for some whisky, which they drank together, and then parted friends.

Mr. Bennett did not crosn-exivnune. The Magistrate said it would be a farce to send the case for trial by all the elaborate machinery of the Supremo Court, even if the case got past the Grand Jury. The charge of causing actual bodily harm was therefore dismissed. Mr. Bennett then submitteU a plea of guilty in connection with the charge of rommon assault This case was dealt (vitli summarily, and defendant was fined £3 (costs 15s), in default one jnonili's imprisonment with hard labor. The Magistrate in a comment on the case said it was a pity that defendant had not been as easy with Fox, in his statement to the police as Fox had been with him in his evidence. Fox had made matters for Williams as light as he possibly coulu, while, in the statement made to the police Williams had made what he (the Magistrate) considered a tissue of mis-statements. He was quite satisfied defendant had picked up the hammer and struck Fox with it. It was fortunate the blow had not fallen on some other part of the head or serious injury might have resulted.

BREACHES OP SHOPS ACT. j King Hon, fruiterer, and S. A. Phillips, fruiterer, both of Mew Plymouth, were fliarged, on the information of the relieving Factory Inspector (Mr. A. E. Waits) with failing to close their shops on Thursday, Jan. 9, that being the statutory half-holiday. Both pleaded guilty. The Inspector pointed out th*t both shops, in addition to fruit and vegetables, also had cigarettes and tobacco for sale, and as they were therefore not solely fruit shops, they should observe the half - holiday. The attitude of the Labor Department was that if such shops were allowed to remain open it was unfair to tobacconists, who were compelled to close. The eases were similar to many others which had been heard recently throughout tho Dominion. ilon stated ha kept only a few packets of cigarettes for himself or perhapii for | people vho came in from the country. The Injector stated that defendant in fact sold a packet of cigarettes to him. in. caaa Piullira thelfl^ectorasad

when he went to the shop Mrs. Phillips wa3 there and she told him the shop was usually closed on Thursdays at out o'clock and re-opened at (i o'clock. The Act required such shops to close at one o'clock for the remainder of the day. The Magistrate imposed a fine of £1 (costs 7s) in each case. BREACH OP THE PEACE. Two natives, Dan and Harry Karena (fther ami son), were dmrgod with using threateniiig behaviour on Nov, US, at the corner of Devon and ih-oug'iaixi streets, New Plymouth, so as to commita breach of the peace. Both pleaded guilty. Sub-Inspector Hutton stated that a .•All was sent to the police on the day in question, and Con u ,ta.bb arrived on the scene at '2.5 p.m. and iound the two mta in grips and struggling on the roadway. Tlte younger man had a black eye. Accused were each fined £*., the easts in each cs'.se being 17s. FACING DISPUTE. A dispute of long standing, regarding boundary fences, between Win. Grant (Mr 'A. H. Joh/isioma) and. Frederic. J. Greenway (iMr A. A- Bennett) both of Puniho, was settled fey consent. Hv itohnstoni asked thai- the court should, make an order in terms ?f the agreement arrived at, a plan showing tho line of fencing arranged being attached to che copy of agfeemeM. Taifl was coE.jented to by ilr Bennett. MffiK 'IESNfIOE FINED.

Albert K. Page, milk vendor, New Plymouth, lor whom air A E Johnstone appeared, pleaded guilty to selling milk oa October 2 with less than S 5-10 per cent of milk solids other than ■butter-fat, without informing lie purchaser. Mr Joh'.ist.oue said that defendant was not aware that he was committing an oll'euca. In .fact he believed his milk to be up to tho standard required. So convinced was ho that his milk \/as all right that he had seveiul tests mado since being summoned for the present offence, and eaeh time the test had come out satisfactorily. On the day of the olTence tho sample of milk was taken by tho inspector from ft tap at the bottom of the can in which the milk vvaa being carried. A sample of milk taken from the top of the saaie can had shown a test of 3.4 while the inspector's sample had come ont with 2.7 per cent of fat. It was really only a question of the milk not having been stirred down.

The Magistrate, i.i convicting the defendant, said tht» seller must always sr.tisfy himself that the milk ( ij any other foodstuff) vended is up to Uae required standard. A fine of £3 w,'ls imposed, with costs amounting to