MAGISTRATE'S COURT.

Wairarapa Age, Volume XXXI, Issue 9091, 16 May 1908, Page 5

MAGISTRATE'S COURT.

M A STERTON—FFw I DAY.

! A sitting of the Masterton Manias- '. tratt?*s; Court was held this morning,, •before Mr W. P. Jau.es« S.M. CWMIGE OF ASSAULT. Albert E.. Joiros was charged with having assaulted his brother Charles . on the 14th. itis-t, Miv Pi. L,. Kbl;sings appeared for accused and adiwisftied the offence, pleading provocatibsu. He suggested • that his client be' bieund over to keep the peace.. i The police evidence was to the effect that-Ghariesi Joues had been found bleeding; froira the head, and : averred that"- accused bad assaulted him with a large piec® of wood (produced). ; The Magistrate corasidered.it a proper case line-., and imposed a penalty of 40s audi costs, in addition ordering accused to be bound over to keep the peace for sixtmonths. VAGRmCX. Thos.. Lyncbu was. charged with beir.g an idle and disorderly person, having no lawful vi&ibSe means of support.. The police evidence was to the effect that accused had; been idling about.town, and was suspected of a theft. A sentence of one month's imprisonment with hard labour was impused. BURNING - . FUEB. John Colter was changed with allowing;, his chimney to take fire. Fined ss,.with 7s costs. BREACHES OF BY-LAWS. W. Iggulden and John Bloxhall admitted charges of leaving their horses unattended in the borough thoroughfares, and were each fined 55,. with 7s costs. BREACHi OF RAILWAY REGULATIONS.-. William Wallace defended by Mr B- J.. Polan, pleaded not guilty to a charge that he on April 3rd, 1908, at Masterton, before crossing the railway line,, did fail to comply with the :directions on the notice board; and, further, that.he did on the same date drive- a horse attached to a dray , across a level crossing on tne Wellington and Napier railway, while an approaching train, was visible within hal%i mile Albert Hill, driver of the 1.10 p.m. train from.the north on the day of the alleged offence, said he blew his whistle repeatedly, as he saw a man approaching the crossing with a vehicle.. The engine 'vas near the crossing then, and it eventually struck the vehicle,, going at a speed of about fwcVe miles per hour. Witness whistled once at the bridges, once in the cutting and again when the horse was struck. Was not before his time, and would hav.e pulled up had he known, defendant was going to cross the: line. Everyone in the station-yard heard the whistle. Michael Digging,, who was in the railway yard on the 3rd April, said it was five or s ; x minutes past lio'clock when the train referred to came in. Heard three whistles from the train, and dil not hear the whistle at Daniell's mill. Did not know whether the train was ahead of time. W. H. Wallace, defendant, said he had had five years" driving experience, and met with an accident at Akura railway crossing on the 3rd April. The horse in the vehicle was a half draught, and was proceeding at a walking pace. It was 1 o'clock when the. crossing was reached, and witness on looking up the line saw nothing, but on hearing shouts looked up again, and saw a train approaching, it being then close to the crossing. Witness tried, to. back the horse, but the train struck'it. G. Olliver, working at C. E. Daniell's timber yard,, sadd> he heard the whistle at the factory and the engine whistle sounding at the same time just prior to the accident. W. J. Wellington, labourer, at the same mill, said he, too, heard the train whistle, and the factory whistle blowing simultaneously. Frank Hole and Walter Whittaker, who had each met with accidents at the same crossing previously, also gave evidence ill support of counsel's contention that the crossing was dangerous. The Magistrate said that he could not uphold the charge m respect of driving across the line while the train was within hali-a-mile, and dismissed that part of the information. On the charge of failing to observe the by-laws regarding stopping and looking to see if an engine was approaching, however, His Worship held that it was the duty of all persons, in view of the dangerous nature ot ! the crossing, to make a sufficient stoppage, or slow down to such a pace that if a train wore in sight they might withdraw. A fine of ss, with 10s costs was imposed. ALLEGED INSULTING LAN- ! GUAGE. Arthur Jones wes charged with i using insulting language in Park '1 street to Constables Doyle and Kyle. Mr C. \. Pownall appeared for accused, who pleaded not guilty. ; Hi 3 Worship, after hearing the < evidence of the two constables, said ' the language, though provoking, 5 was hardly strong enough to provoke ] the constables to breaches of the [ paace, and after giving Jones a so- , vere caution, ordered him to come j up for sentence when called upon. ] Whakarairu and Mary Ellers, two f natives (defended by Mr R. K. Jack- '. son) admitted using insulting lan- i guage in a public place on April 20th. Each was fined 20s, with 7s costs. SUNDAY TRADING. E. E. Groombridge (represented by Mr P. L. Hollings) was charged with keeping his shop open on Sunday, 10th May. _ __ _ |

0 Counsel said that a technical s breach had been committed, fctitf riot ;- a serious one, as the maximum sten- . alty u/ider the Act was £]. H# dfe- - tailed special circumstances. A fine of 103, with 7a costs WW ' imposed. > BREACH OP PROHIBITION""" 1 ORDER. J, B. Vallance was charged with* , being on licensed premises while prohibited. Mr C. A. Pownall, who appeared on defendant's behalf, said there were extenuating circumstances wMeh he detailed. A fine of 20s, with 7s costs, was imposed, CIVIL BUSINESS. F. W, Carey sued D. J. O'Brien for £25, balance alleged ro be due on a motor cycle sale Mr B. J. Dolan appeared for plaintiff, and' Mr C. A. Pownall for defendant. ji F. W. Carey, plaintiff, said that | She facts were that he hal agreed to *> jifind the money for thu purchase of a 'rr*otor-cycle for defendant, who was at sub-agent at Greyiovvn in the same company as pYmwtiik was em ployed. Defendant was to pay the Machine onTin instalments. .He had paid off £4O), but since leaving: the company the defendant had intimated taat he hand the machine back ore payment* of the £4Ol Ike present case was a purely private one between plaintsff and defendant. D. J. O'Brien, defendant, gave » evidence, saying t&atbe understood' the company were to compensate hirn ifrhe did not return the cycle. He admitted writing a fetter pro»duced byyMr'Dolan promising to pay the amount owing. Judgment was given for plaintiff for the full amount claimed, and £4 2s costs.