MAGISTRATE'S COURT.

Taranaki Daily News, 16 April 1920, Page 6

MAGISTRATE'S COURT.

YESTERDAY'S SITTING. Mr- T. A. E. Bailey, S.M., presided at a sitting of the Magistrate's Court, New Plymouth, yesterday, when the following cases were dealt with:— BREACHES .OF LICENSING LAW. . George Henry Blane, a painter, of ?ve\y Plymouth, was charged with procuring liquor during the currency of a prohibition order, on April 5, and also on April 13. He denied the first charge tut admitted the second. Mr. Bennett represented the and in stating that he had undertaken to make every effort to observe tin: order, observed that the man lmd a wife and four children to support, and also that he had just received word that his tender for painting the New Plymouth and Fitzroy police stations had been accepted. Tliis was received with laughter, but Mr. Bennett said that at all events while on that work he would be under fairly .dose police surveillance. He did not know whether it would be better that lie should paint the police stations as an inmate of the places or as a free citizen. (More laughter). Mr. Bennett said that the only effectual way of helping a man like Blane was to remove the drink-, but that was In the hands of the people and not the court. He pleaded for a final chance. The Magistrate remarked that Blane had resented the order being made and had defied it.

To this Blane said he would always resent the order. Other people knew of it and took advantage of him on that account. For instance, men who owed him money wouM "duck" into a hotel when they saw him coming, and then he could not go in after them. The Magistrate did not take a serious I view of this aspect of the case, but remarked that for the sake of the accused's wife and children, who would be the sufferers if he wag sent away, he intended to give him another chance. On the first charge he was convicted and discharged, and on the second he was convicted and ordered to come.up for sentence when called upon. John Henry McLean, who was one of four jockeys found in the Breakwater Hotel on the afternoon of Sunday, February 8, but who had not been served when the others appeared before the Court, was charged yesterday with being illegally on licensed premises after closing hours. Evidence was given by Senior-Sergeant McC'roric, and the accused was fined 40s and cost?. John Joseph Larkin, a prohibited: person, was charged with being found on licensed premises during the currency of an order. He was convicted and discharged.

; Robert Hugh Earley, for being found drunk on the Breakwater road, and for obtaining liquor during the currency of a prohibition order against himself.'wns convicted and discharged on both charge.?. • »

BREACH OF BOROUGH BY-LAW. Arthur \alentine Cooper, land salesman, Inglewood, was convicted and discharged for having left a motor eyrie standing in Brougham street, New Plymouth, after dark, with no light on it. Defendant said when he left the bicycle in the street the lamp was alight, 'but the evidence of the police was that when the machine was found the generator was turned olf and the lamp was cold. BREACH OP SECOND-HAND DEALER'S LICENSE. Wm. Tweedale, second-hand dealer, hew Plymouth, was charged with failing to make an entry in his book of the name, address, and occupation of the person from whom he purchased second-hand articles, contrary to the Statute. He was also charged with having purchased certain second-hand goods —to wit eleven sash weights from Wm. McCoy, a boy under 10 years of age contrary to the Statute.

Sub-Inspector Hutton prosecuted, and Mr. S. W. Fitzherbert entered picas of guilty on behalf of defendant, stating that the offences were committed in ignorance of the law.

The Magistrate commented on the seriousness of the offence and said a licenced second-hand dealer ought to know the. law under which he was licensed. It was a serious offence to purchase second-hand articles from a bov under I'd years.

Defendant was convicted and discharged on the first information and fined £2 And costs (7s) on the second charge.

THEFT OF A DRAKE. George Henry Kendall and Walter Kendall were charged with the theft of ft drake, valued at ss,v the property of Isßac Goodwin, at Fitzroy, on the night of Monday, April 5. Sub-Inspector Hut ton conducted the prosecution for the police and Mr. C. H. Crokcr appeared for the accused, wiio pleaded not guilty. The sub-inspcctor outlined the case, the circumstances of which have already been related, and evidence was given by Win. G. Mack and Mrs. Goodwin, the latter deposing to the finding of the drake's head in the poultry run and to the fact that she was one bird short when she counted up her ducks the next morning. She also stated that the loss of poultry was pretty common in the district, and she herself had lost many birds.

Evidence was also given by Detective Fitzgihbon. who interviewed both the accused. George Kendall denied havirt" been out, at all on the night of Monday! April 5, hut W alter Kendall interviewed Inter and independently of his brother, paid they had both been out that night iishing in the Waiwakaiho River. They denied having been at Goodwin's place, but wore both subsequently arrested on a charge of having stolen a drake. The defence was a denial that either of the accused had been at Goodwin's place on the night in question, or that t.hqy dropped the drake which was afterwards picked up on the road by Mr. Mack and Mrs. Goodwin. Kvklence was given by both the accused, who were warned by the Magistrate against perjuring themselves. They admitted liavnig been fishing in the Waiwakaiho Kiver on the night in question, but both denied being on Goodwin's property on that occasion. They knew nothing of the drake which was prod need by the police. Under cross-examination bv Sul>Inspector Hutton George Kendall admitted that a portion of his statement to the detective, when interviewed, was not true.

After hearing Mr. Ooker speak, the Magistrate said it was a. great pitv that in so small a ma Iter (he men had not admitted the oflence. There was 110 doubt in his mind as to what had happened. Sentence was deferred till next Tbnrsdav pending a report on the characters of accused.