MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2623, 4 October 1909, Page 3

MAGISTERIAL.

SATURDAY, OCTOBER 3, (Before Mr. W. A. Barton, S.M.) FISH HaWKER PROSECUTED. A case of considerable interest to hawkers was that in which John Innes, was charged, under the borotigh bylaws, for loitering with a vehicle in Gladstone Road on the 18th ut. Mr. L. T. Burnard defended. The evidence of Constable Pratt showed that the defendant,wa s standing with his cart at Miller’s corner on the day in question, selling fish. Later he was seen standing in Lowe Street, close to Gladstone Road corner, but as the constable wa s .walking over to speck to hint he moved on. At half-past four in the afternoon the witness saw him standing talking to Mr. G. Williams, in Gladstone Road, and went up to him. Mr. Williams explained that the cart was his, and that lie was paying 2s 6d for his license. A wharf laborer named Gowland swore to having seen Williams and Innes standing talking. They stood for some minutes.

Prank Haycock, fishmonger, gave similar evidence, and added that he heard Williams crying the fish for sale. The defendant was hawking on the corner earlier in tho day. Sergeant Hutton gafe evidence to the effect that he had told the drivers of two carts that were carrying fish to move on. One had done so, but limes had remained where lie was, and the Sergeant had drawn Constable Pratt’s attention to him. He saw Innes sell some fish. Williams told the Sergeant that he had a right to sell fisli there, as he was paying a license. There were other special which were granted by the Council, who allotted certain stands to the holders. Wili ams had not one of these. His Worship: I don’t think that makes much difference. The question was whether the defendant was loiteri>l g. Mr. Burnard contended that tlie bylaw did not give the Council a right to allocate any special “pitches” to those who took out hawking licenses. In any case the defendant was not loitering, and there was nothing to forbid him selling fish.An the street otherwise. George Williams, fruiterer and fishmonger, said that early in the afternoon lie sold a quantity of fish to a Maori, and Innes waited with the cart while the witnes s went for some paper to wrap up the fish in. At 4.30 p.m. he stopped Innes to speak to him. Innes also gave evidence, saying that he only stopped for a minute or two. His Worship: I take it this is a sort of test case, Sergeant Hutton: That is so. Mr. Barton held that the defendant had been loitering within the meaning of the by-law. It was a technical breach, and a small fine would be sufficient. The defendant would have to pay Is/ costs 7s, and witness’ fees 14s. ALLEGED FALSE PRETENCES. William Simpson Christie, alias J. W. Murphy, a young laborer, was charged with having obtained a week’s board and lodging, value 18s, from CE. Edmunds, by falsely pretending that he was employed at Messrs Redstone and Sons’ stables. The accused explained that a young man employed at the stables bad told him he thought lie could get a job at the stables, and he took tlie lodgings thinking that the situation was certain. His Worship remanded the accused till, to-day to enable the man from Redstones’ stables, to be called, if possible, and for inquiries to be made about the accused’s antecedents.