MAGISTRATE’S COURL

Taranaki Daily News, 27 October 1922, Page 7

MAGISTRATE’S COURL

NEW PLYMOUTH SITTING. The New Plymouth Magistrate’s Court sat yesterday morning, Mr A. M. Mowlem, S.M., presiding. CIVIL CASES. Judgment was given for plaintiff by default in the following undefended case:—Fredk. N. W. Whitcombe v. E. Morris, £l4 Is (costs £3 9s). Judgment for William Johnson by default was given against George Blane and Elizabeth Blane in a claim for £69 13s (arrears in rent) and an order was made that defendants should give possession of the tenement on or beiore November 23, BREACH OF MAINTENANCE. Disobedience of a maintenance order was alleged against Leo Flynn Bradley, who was proceeded against by his wife, Ethel May Bradley. Defendant, it was said, was a jockey employed by a trainer at Te Ajroha. He was £l3 Ils 6d in arrears on October 5 in respect to a maintenance order made for the provision of his wife and child and, as it was rumored that Bradley intended leaving the country, strong action seemed necessary, said Mr R. H. Quilliam, who appeared for the plaintiff. Defendant was convicted and sentenced to one. month’s imprisonment with hard labor in the Auckland prison, the warrant to be suspended if current maintenance and £lO off arrears were paid within a week and the balance of £3 Us 6d within two weeks.

ADDING INTEREST TO ROAD RACE.

With the idea of adding to the interest of the round-the-mountain cycle road race on Saturday, October 14, Charles N. Sadler conducted a halfcrown sweepstake on the result of the race. To an information laid by the police under the Gaming Act the defendant pleaded guilty. Senior-sergeant McCrorie said there were 47 riders in the race and the winner of the sweep received £3, and tne man who drew the second rider home got £l. “Two constables had a bet,” said the senior-sergeant, “but, of course, they lost.” For the defendant Mr R. H. Quilliam pointed out that Sadler was not carrying out the sweepstake for his own purpose or for any gain he might derive. A committee of sportsmen had arranged the race and had incurred a lot of expenses. To add to the interest of sports it had been customary at motorcycle and other sports to have a small sweepstake. It was supposed, that there was no liability for conducting a sweepstake on racecourses, but no doubt in these circumstances the defendant was liable and Sadler or the committee would have to pay. Sadler was himsell a member of the committee, and one of the enthusiasts who was helping to maintain the interest in the race. The sweepstake was conducted in an open manner and defendant was calling out his trade in a loud voice.

“Why, it’s reminiscent of the old racing days,” commented the magistrate.

Counsel added that the present was the first prosecution of its kind brought here though the practice was quite a common thing and he imagined that the prosecution would serve as a warning and bring ebout all that was required. “It’s a pity to damp the ardor of enthusiasts, but their ardor will have to find legal channels, and not illegal channels.” said the magistrate. Most people should know by this time what the provisions of the Gaming Act were but he would treat the case leniently. A fine of £3 (costs 7s) was imposed. UNREGISTERED REVOLVER.

The possession of an unregistered sixchambered revolver was responsible for a police information being laid against Daniel Hugh McMillan of Uruti. Senior-Sergeant McCrorie explained that the revolver had been registered by defendant’s brother in Auckland, who had later sent the weapon to defendant who was employed by the Public Works Department at Tangitu for the purpose of shooting wild pigs. The firearm should then have been registered by defendant as required by the Act but instead of this he had sent the revolver back to , his brother at Auckland. A fine of £1 (costs 7s) was inflicted. ON THE WHITEBAITERS’ TRAIL. A little ambush party, consisting of a police officer and a Customs official, set out on Sunday morning, September 24, with a view to seeing if the whitebaiters at the Waiwakaiho river were conducting their sport in a legal method. When nearing the scene of operations it was alleged that "William Parr was seen about 30 or 40 yards away running towards the river, the supposition being that he was hurrying on ahead of the officials in order to warn the fishers. When interrogated later he said he had been to see a man but made no further explanation. Evidence on these lines was given by Constable Hadler and Thomas Merron, employed by the Customs Department.

Richard Eyre, inspector of fisheries, stated that he was lying hidden on tne eastern bank of the stream, together with an old soldier who had had experience of mounting sentries, scouting, etc., in the Boer War. Later witness crossed over to the western side of the stream where he interrogated Parr as to why he was hurrying towards the stream. In witness’s opinion the reply given by Parr was unsatisfactory. Mr R. H. Quilliam submitted that there was no evidence o-f obstruction. The Magistrate said certain factors of suspicion had been brought forward but no proof was forthcoming. The information would be dismissed. OPEN AFTER HOURS. For selling cigarettes at his shop m Eliot Street at 7.30 p.m. on October 2, one-and-a-half hours after closing Time, Charles Brien was fined £1 (costs 7s). Wm. Roberts, jeweller, Devon Street, was proceeded against by the inspector of factories (Mr. W. J. Mountjoy) for failing to close his shop at 9 p.m. on Friday. September 29. Defendant maintained that ho dosed his shop promptly to time, but his wife had gone out on to the street to see if a car was coming, and had left the door ajar. The inspector stated that the door was wide open at 9.15 p.m. A fine of 10s (costs 7s) was imposed, the Magistrate stating that there was no suggestion of afterhour trading and he did not regard the breach very* seriously. PROHIBITION ORDER.

A prohibition order was issued against John O’Grady on the application of hia father