MAGISTRATE'S COURT.

Taranaki Daily News, 28 November 1919, Page 7

MAGISTRATE'S COURT.

YESTERDAY'S SITTING. (Before Mr. T. A. B. Bailey, S.M.). t Mr. T. A. B. Bailey presided at the I New Plymouth Magistrate's Court yes- [ terday, when the following eases were ! dealt with:— [ MOKAU LIQUOR CASES. 1 RESERVED JUDGMENT. Judgment was given in the charges against Frank Rattenbury, George Henry lung and Frank Evans, who were charged on several counts with delivering liquor at Mokau wharf, which there were reasonabe grounds for believing was intended for sale; with taking liquor to a proclaimed area without the , packages containing the liquor being pro** ■ perly labelled so as to show their con--1 tents; and, being carriers, they took . liquor into a proclaimed area without a ' Bigned order showing the address and occupation of the person for whom the , liquor was intended. In regard to the informations which amounted to charges of delivering liquor at Mokau the Magistrate held that there had been no delivery as the liquor had never left the boat, at the wharf, and there was no evidence that notification had been given to any person, for whom the liquor may have been intended, that it was at the wharf. In regard to the charges of taking liquor into a proclaimed area without a proper order stating the address ajid occupation of the person for whom the liquor had been purchased, he held all the parties had been equally guilty and would have to be conviced. Senior-Sergeant Willis, in reply to the Magistrate's enquiry, said Rattenbury had been convicted in March 1017, on four charges of selling liquor in' a proclaimed area. Nothing was 'known against the other two defendants. King and Evans were fined £3 and costs and Rattenbury was fined £lO and costs, and on the charge to which Rattenbury had pleaded guilty, of purchasing liquor to be taken to«a proclaimed area without the necessary order from the person for whom- the liquor was purchased, he was also fined £lO and costs. Senior-Scrgt. Willis prosecuted, and Mr. R. H. Quilliam appeared for der fendant's. . DRUNKEN [ MAN'S~DAMAGE. Francis Poheriy, who was arrested by Constable Phillips, was charged with being found drunk in Egmont street on Wednesday night, and also with damaging a plate glass show case, the property of Alfred J. Richard, tobacconist and hairdresser, of the value of £3. He pleaded guilty to being drunk, but stated that the breaking of the show case was accidental and unintentional. The Magistrate: You did it while you <*me drunk. Defendant: I had had a few. Alfred J. Richards stated that accused came into his shop on Wednesday evening and called for a packet of cigarettes He was "a bit over the odds" at the time, and while witness was getting the cigarettes, accused, without provocation brought his fist down on the show-case" and broke tie glass top. Witness used abusive language when remonstrated with, and said the Patriotic Society had given him nothing yet and that wtiness could go to them for payment for the damage. He calmed down when witness : said he would have to get the police. Senior-Sergeant Willis: And you went '. for the police instead of the Patriotic Society. Witness: Yes

Defendant said if the Court gave him a chance he would pay iot the damage done. He was sorry for the occurrence and did not want to go to prison. He' had work to go to next week and if given time could pay. Senior-Sergeant Willis said there was nothing known against accused. He was apparently a returned soldier but had indulged in too much "lemonade" the previous day. A conviction was recorded, and defendant was given 48 hours in which to pay for the damage, in default three days' imprisonment.

SUNDAY WORK. AN UNUSUAL CASE. A very unusual case was heard yesterday in which F. Whittaker (contractor), A. Berridge, W. Conway, 0. Cantell, H. P. Frost, W. Simpson, and A Pearcc were charged with plying their calling m a' public place on Sunday, October 2fi, to wit Devon Street, New Plymouth, and James C. Morey was charged with aiding and abetting in the commission of the offence. Mr. Ronald H. Quilliam appeared for all the defendants, who pleaded guilty He pointed out that the case was a very unusual one, and arose out of .Mr Morey's misfortune. About two years ftgo he had erected new shop premise;) and through faulty construction the floor had rotted, and it was found'that people with high-heeled footwear were in danger of going through the floor. One man with a wooden leg, who went into-the shop, actually did go through the boards. It therefore became necessary to have the floor replaced, and Mr, Morey chose a, week-end on which the Monday following was a holiday, as the most convenient time to have the work done, both with regard to himself and also his customers. Consequently he closed his shop at 8 p.m. on the Saturday and the workmen commenced operations, continuing throughout the night. Work was also carried on right through the Sunday, Sunday night and Monday, and through every night for nearly the .whole of that week was a matter of urgency and he thought the Court was entitled to take that view of the case. In reply to the Magistrate Mr. Quilimm said the workmen raised no objection. As a matter of fact they did well out of it, and would probably like more work of the same kind. Senior-Sergeant Willis said he believed the facts were as stated by counsel and he did not look upon the offence as a very serious matter. The Magistrate said it was a somewhat unusual ease. He recognised Mr Morey wanted to get the work done as quickly as possible and had chosen that particular time on that account. Mr Morey and the contractor were fined 10s and costs each, and the workmen were fined 5s each without costs. BREACHES OP EDUCATION ACT. On the information of the Tafanaki Education Board's Truant Officer (Mr. G. Pascoe) convictions and fines of 03 each were recorded against the following persons for breaches of Seotioa 124 of

I the Education Act, 1014, for failing to [send ; their children to continuation I classes at the New Plymouth Technical College:—J. A. Revell, Elizabeth Jane Dutlon, George Feek, .'and Mary Ann McKoy. : , BOROUGH BY.-LAWS H. W. Melton pleaded guilty to cycling' on the footpath' in Liarde't street,'and was convicted and:'fined Cs and costa (79).- ■ . '.,:..■• : ILLEGAL WHITEBAITLVG. ■ Frederick Coleman pleaded guilty to taking whitebait from Te Henui river on September 26 by means of a set net and race, contrary to the ashing regulations.