MAGISTRATE’S COURT,

Taranaki Daily News, 10 March 1922, Page 7

MAGISTRATE’S COURT,

NEW PLYMOUTH SITTING. TRAVELLING WITHOUT TICKET. There were a number of police and civil cases before the Magistrate’s Court at New Plymouth yesterday, Mr. A. M. Mowlem, S.M., presiding. A plea of guilty was entered by a young man, Sydney Charles M. Ross, to the charges that on February 9 he travelled on the railways without having paid his fare, and also that he used abusive language to a Government railway officer in the execution of his duty. Detective-Sergeant Cooney, who prosecuted., said, that on the date mentioned Ross was travelling from Stratford to New Plymouth. When he boarded the train he had no ticket. While Inspector C. A. Boyd, was moving through a carriage collecting tickets, accused tried to pass him. Asked for his ticket, Ross replied that his "cobber” in the next carriage had it. The inspector, however, did not accept this excuse, and eventually Ross told him to go to h—and look for the ticket.

“He hae not got too good, a record,” continued the Detective-Sergeant, in speaking of accused, “but perhaps he could be given a chance, as he is ablebodied and can. work if he wishes.” He suggested that Rose should take out a prohibition order against himself. In reply to His Worship, it was stated there was evidence of liquor on Ross at the time of the offence. Answering the Magistrate, Ross said he would consent to the issue of a prohibition order. His excuse for the offence was that he was under the influence of liquor and he did not know what he was doing. His Worship said that a prohibition order would be issued against Ifyoss, a fine of £1 would be imposed on the first charge, and for using abusive language, which was more serious, the penalty was £2, costs 7s in each case. On his own request Ross was given a fortnight to pay. STANDING CAR UNLIGHTED. There was no appearance of Bruce Stone, who was charged with leaving his car in Devon Street at five minutes past nine o’clock on the night of January 18 without sufficient lights. The evidence of Constable Palmer was to the effect that when Stone returned to his ear at 9.15 he said that he had left the car at five to nine with the lights on, but they must have gone out. A fine of £l, with costs 7s, was imposed. FINES AGAINST MOTORIST. 'Frank Farrell, taxi-driver, was charged with driving his car at more than twenty miles an hour on the Breakwater Road; also with failing to sound the horn when approaching another vehicle (a motor cycle) from behind. The offences were alleged to have taken place on the afternoon of December 29, 1921. Defendant, who pleaded not guilty, was represented by Mr. A. A. Bennett. Detective-Sergeant Cooney said that two young men named Tiebe and Durbridge were riding a motor cycle on the Breakwater Road. The cycle was on the correct side of the road, being only about feet from the edge, and as the road was 27 feet wide there was plenty of room on the other side. Defendant’s car came up from the back at a speed which was estimated as at least 30 miles an hour. It grazed the motor cycle, throwing the two men on to the road, as the result of which they received some injuries. Farrell did not stop, in fact, it was even alleged he went faster.

Constable Parkinson gave evidence as to making a visit to the locality after the accident. William Tiebe, who drove the bicycle, estimated the speed of Farrell’s car at anything up to forty miles an hour. Stanley Durbridge, who also rode on the cycle, said that when he saw defendant a few days after the accident Farrell offered to foot all bills if the case was withdrawn from the hands of the police.

Mi. Bennett said the defence was that Farrell did sound the horn when approaching the cyclist, and that he did not at any stage of the journey exceed twenty miles per hour. It would be given in evidence that Farrell was not in a- hurry; that he had no engagement to keep in town, and that he had been down to Moturoa simply for a pleasure trip with some friends. Counsel submitted that, under the particular circumstances of the case, the estimates of speed which had been given by the police witnesses could not be relied on. Defendant saw the motor cycle in front and after sounding his horn pulled on to the tramline in the middle of the road. He thought he had cleared the cycle, but it was evident, of course, that he did not do so. He had made an error of judgment and that was the reason why he had offered to pay the expenses, but he had never at any time admitted that he was travelling at more than twenty an hour. Defendant’s evidence was on the lines of his counsel’s explanation. He said that the handle bars of the cycle must have just grazed the mudguard of the ear. He did not notice the contact. Convictions were entered on both counts, His Worship remarking that the probability was that defendant had merely cut the position too fine. For speeding Farrell was fined £l, witnesses’ expenses £2 Bs, and court costs 15s, and on the second information was fined 10s, with costs 7s. ON HOTEL PREMISES. A charge was preferred against Hugh C. Murdock of being unlawfully on the premises of the Breakwater Hotel on the night of February 8. He pleaded not guilty, an dwas defended by Mr. A. A. Bennett. Detective-Sergeant Cooney conducted the ease for the police. Constable Small gave evidence that on February 8 he and Constable Butler visited the breakwater for the purpose of inspecting the hotel. At about H p.m. when they were standing outside they saw a man walk into .he hotel and another man followed him in from the side of the hotel. Witness and Constable Butler waited for five minutes, when two men came out. They asked, the men what they were doing on licensed premises. Murdock replied that he went into the hotel to ring up to fine out if there was another car to town. The tramcar that night was about la minutes late. They went into the hotel and inspected the visitors’ book, they saw Mrs. Hammond, who corroborated Murdock’s statement, but not the other. Both of the men had gone, in the main entrance. Defendant in the box gave evidence on similor lines. Tn dismissing the information His Worship said he thought the constable was quite right in "’‘‘J 1 -" iag the matter before the Court, but tin.

excuse was apparently a. valid and true one, *- A charge against another man who accompanied Murdock was adjourned till next week. A DEFAULTING TERRITORIAL. For failing to pay a fine ipiposed. on a defence officer for a breach of the military regulations R. S. Land was convicted fined £5, and costs 7s. The prosecution was conducted !by Lieut. L. W. Andrew, who said Land had been convicted on three previous occasions and had caused a lot of trouble on parades. In imposing a penalty His Worship pointed out that defendant was liable to imprisonment. His behaviour had gone quite far enough and Land was given to understand that so far as this Court was concerned he was being given his last chance to keep out of gaol. ART VENDOR’S TROUBLES. J. M. Schapiro, who, it was stated, became known to the New Plymouth public as a vendor of art goods, was charged with being an occupier of a shop within the meaning of the Shops and Offices Act, and that he failed to close his shop at six o’clock. Defendant pleaded, not guilty, but told the Magistrate there was more behind the prosecution—“race hatred,” he said. The inspector of factories (Mr. W. J. Mountjoy) conducted the prosecution. The inspector gave evidence that on February 22 he visited the Soldiers’ Club and told Schapiro that he would have to close his room at eix o’clock. Defendant, however, could not be convinced. Schapiro said when the inspector had gone he told the people he would have to close up, and one person said to him: Someone is making a fool of you; the man is drunk! This sally caused a lot of amusement in Court. “Are you aware,” continued defendant, “that if you convict me you will have to convict half a dozen of your most respectable citizens, as they were there till nine o’clock selecting picture?” It was pointed out to defendant that his questions were becoming irrelevant. The gist of defendant’s somewhat verbose explanations apparently was that art collections were not liable to be closed in the same manner as in other business. The only prosecution that had been brought against him was in Gisborne some years ago and that was dismissed. After that he was in Dunedin for twelve months and was open day and night and was not prosecuted. “It would be a pity for ..i 1 sake of art,” he said, “if a conviction was entered.” Jchapiro added that some art dealers were walking about without boots. “I am the only one that did not go broke,” he said, ‘‘because I am a diamond merchant and this is my hobby.” On the information of the borough inspector (Mr. R. Day) Schapiro was also charged with being an itinerant trader in that he failed to secure a license. He also pleaded not guilty. Schapiro wanted the case adjourned in order that he could get a solicitor to defend the ease. He intimated that he would remain in New Plymouth till next week, even if it broke him, as the truth had not come out.

For the breach of the Shops and Offices Act defendant was fined £2 and costs; on the charge of failing to secure his license His Worship made the fine 10s and costs 7s, Schapiro having given an undertaking to take out the license.

UNDEFENDED CIVIL CASES. Judgment for plaintiff by default was given in the following undefended actions: Whites, Ltd. v. T. H. Nicholas £1 6s 3d (costs 12s); Taranaki Education Board v. Fred Brown £9 (costs £1 10s 6d); Taranaki Agencies. Ltd. v. H. Yeates, £9 16s (costs £1 10s 6d); Pursers, Ltd, v. J. Bolton £lO 3s (costs £2 14s) ; Taranaki Agencies, Ltd. v. Wm. Pratt £3 12s (costs £1 15s 6d), same v. Wm. E. Hawke £l5 (costs £2 16s). In a tenement case, J. W. H. Martin (Mr. Bennett) v, Robert Bowie, judgment was given for plaintiff for £l7 10s (costs £1 16s) and possession of a house on Brooklands Road on or before April 9.