Taunton Courier 02 Jul 1924 Ilminster Petty Sessions inc WRIDE HUTCHINGS Ilminster GEAR Ilton HOSKINS Dowlish Ford Thomas MALE Leah MALE Florence Minnie MALE Barrington

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Taunton Courier. Bristol and Exeter Journal, and Western Advertiser. Wednesday 02 Jul 1924

Page 5 Column 5


ILMINSTER PETTY SESSIONS.

THURSDAY. - Before Mr. Jeffreys ALLEN (in the chair), Colonel SPEKE, Mr. L. HEPWORTH, and Mr. F. T. ADAMS.

LICENSES TRANSFERRED. - The license of the Red Lion Inn, Ilminster, was transferred from Mr. H. M. BAKER to Mr. Charles RAFFELL; and that of the Old Inn, Chard, from Mr. J. A. AXHORN to Mr. E. J. FENN; and that of the New Inn, Chard, from Mr. E. V. LOVE to Mr. J. A. AXHORN.

MOTOR CYCLIST'S OFFENCE. - Alfred Anthony COOK, motor 'bus driver, of Westonzoyland, was summoned for driving a motor-cycle in a manner dangerous to the public at Ilminster. - P.C. ATKINS said that about 9 p.m. on June 2nd he was in the Market Square, Ilminster, and he saw the defendant, who was riding a motor-cycle, approach from the direction of Chard at a very fast rate, and in witness's opinion a very dangerous rate considering the cross roads defendant was coming to in the Market Square. Witness shouted to the defendant to stop, but before he could pull up he had travelled a distance of 20 yards. When spoken to about the speed, defendant remarked “I may have been doing about 15 miles an hour.” Defendant admitted he did not sound his horn, and also told witness he was aware of the dangerous cross roads. - Corroborative evidence was given by Mr. R. S. BAKER, postmaster, of Ilminster, and Mr. J. CLAPP, of West-street. - Defendant now said he was only travelling 15 miles an hour. He was sorry it had occurred. - The Chairman said it was an extremely dangerous corner, and defendant was evidently going faster than he should have done, and he would be fined £1.

ANIMALS ASTRAY. - Tom WRIDE, farmer, of Ilminster Without, was summoned for allowing six cows to stray on the highway. - Defendant's excuse was that his gate was left open. - P.C. CARR gave evidence, and defendant was ordered to pay 6s.

LIGHTING OFFENCES. - For driving a motor-car without a side light, Edgar G. HUTCHINGS, motor driver, of Ilminster, was fined 10s. - Jack GEAR, of Ilton, Tom HOSKINS, of Dowlish Ford, and Harold LAMING, of Chard, were all summoned for riding bicycles without lights, and a fine of 5s in each case was imposed.

BARRINGTON ASSAULT CASES. - Thomas MALE, mason, of Barrington, was summoned for assaulting and beating Leah MALE, a widow, of Barrington, and also her daughter, Florence Minnie MALE. - Mr. C. F. SAUNDERS, of Crewkerne, appeared for the defendant. - Leah MALE said defendant was her late husband's brother. On May 17th last, the defendant attempted to prevent her going into her own orchard, which she had rented for over 30 years, and he up with his left fist and struck her upon the chest, knocking her backwards. He afterwards caught hold of her again, and attempted to throw her down. This he would have done had complainant not caught hold of an apple tree. Defendant served her very rough. - By Mr. SAUNDERS: Whatever occurred was about the orchard, and defendant's or complainants right to the use of it. Defendant lived in a cottage adjoining, and both cottages now belonged to defendant. - Florence MALE said she saw defendant knock her mother down. - By Mr. SAUNDERS: Her mother did call defendant a covetous old ---. - Mr. SAUNDERS submitted that even on the evidence given to them by complainant and her daughter, they had no right in law to deal with the cases, for it was abundantly clear an interest in land arose. This was a petty squabble between landlord and tenant – who happened to be brother-in-law and sister-in-law – and in order to define the rights of the parties as to the tenancy of the orchard over which there was a dispute, there should be an action in the County Court. On the evening after the occurrence – Mr. DUKE (the Magistrates' Clerk) would bear him out in this – the defendant came in to Ilminster to issue a summons, but he was too late owing to being outside office hours. Then, on the following day, the complainant forestalled him, and he subsequently consulted him (Mr. SAUNDERS). Defendant was then anxious to issue a cross-summons against Mrs. MALE, but he (Mr. SAUNDERS) told him it would be of no use, as the magistrates, according to law, would not deal with the case. - The Bench retired to consider the point raised by Mr. SAUNDERS. - On the magistrates returning the Chairman said they had come to the conclusion that they had no jurisdiction in either of the cases, the question of title having arisen. - “I am excessively sorry we cannot deal with the cases.” the Chairman added. - Mr. SAUNDERS: But you have not heard the defence. - The Chairman: I did not mean that. What I consider is that we ought to have the jurisdiction to deal with these cases. He thought it was absurd that they could not do so. - Mrs. MALE: Then has he got the right to knock me down? - The Chairman: No, my good woman, no earthly right. - Mrs. MALE: Have I still a right to the orchard? - The Chairman: That is a question not for us to consider. We do not sit here to give advice. If you go to a solicitor he could give you much better advice than we can. - Mrs. MALE: It is no good summoning a man if he assaults you? - The Chairman: You are determined not to listen to what we say.


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<NOTES: Thomas MALE son of Thomas MALE and Mary Ann MEAD, married Emma Jane DRAYTON

Leah MALE is Leah REE daughter of Samuel REE and Mary Ann MEAD, married George MALE

Florence Minnie MALE daughter of George MALE and Leah REE, married Samuel VILE>