SUPREME COURT

Press, Volume LXIX, Issue 20937, 18 August 1933, Page 6

SUPREME COURT

PRISONERS FOR SENTENCE (Before his Honour Mr Justice MacGregor.) THEFT OF BICYCLE. James Arthur Philp, aged 41 (Mr R. A. Young), who had been found guilty on a charge of theft, was sentenced to two months' imprisonment. His Honour said that the jury had recommended Philp to mercy, but he did not see why it had done this. It was perfectly plain that prisoner had stolen the bicycle, and that afterwards he had told lies about it. Thefts of bicycles were common in Christchurch, and were difficult to detect, but Philp had been seen by the father of the boy to whom the bicycle belonged. "AN IMPUDENT ROBBERY." Samuel Campbell McSaveney appeared for sentence on a charge of stealing jewellery and money from a dwellinghouse, to which he pleaded guilty. The Crown Prosecutor (Mr A. T. Donnelly) said that McSaveney had several times previously been convicted for dishonesty. Since this trial he had disclosed where the goods were, and a charge was to be laid against another man for receiving. "This was an impudent piece of robbery," said his Honour. Prisoner was at present serving a term of 18 months' reformative detention. He would be sentenced to 18 months' imprisonment, to be served at the conclusion of his present term. McSaveney afterwards appeared in the Magistrate's Court before Mr E. D. Mosley, S.M., and was convicted and discharged on three charges of theft.

FRAUDULENT BANKRUPTCY. William Reginald Norman, aged 30, was sentenced to six months' imprisonment on a charge of committing a breach of the Bankruptcy Act, in failing to disclose an asset. Mr C. S. Thomas said that Norman had been a motor salesman, and in 1930 had taken over a business on his own account, borrowing the money to do so. Unfortunately, he had had neither the experience nor the brains to be able to do this successfully. Six months or so before his bankruptcy he had gone into the radio business as well, borrowing money from his father to do so. When things went wrong, to save his father's money he got two men to fix up receipts to show that his only interest in the radio business was in holding the wholesale selling rights. It was not a case of a man hiding a business with large assets, for actually the business was bankrupt. In asking for leniency, Mr Thomas said that Norman was more a fool than a knave. The Crown Prosecutor said that Norman's was a very unsatisfactory bankruptcy, and not much could be said for him. His Honour said that Normans was just an ordinary case of fraudulent bankruptcy. The law made it quite clear that it was the duty of a bankrupt to disclose his affairs to the Official Assignee, and Norman had gone in with his eyes open. His was not a case for probation. INDECENT ASSAULT.

Eric Hathaway, aged 30 (Mr P. D. Hall), had been found not guilty on a charge of unlawful carnal knowledge, but guilty of a technical indecent assault. Mr Hall said that Hathaway was about to complete his thirteenth year in the Royal Navy, in which he had a very good record. He was liable to be dealt with also by the naval authorities. The Crown Prosecutor said that if Hathaway was sent to gaol he would be dismissed the service, and would lose the gratuity of £SOO to which he would become entitled next year. There were special circumstances in the case, which, with the jury s recommendation to mercy, made it seem that the court might extend some leniency His Honour said that there was no doubt that the girl in the case was not a very good girl. The jury had not believed the serious charge against Hathaway, and his Honour believed it was right in doing so. Hathaway was ordered to pay the costs of the prosecution, and to come up for sentence at any time if called upon within the next two years. TWENTY-THREE CHARGES.

"A very bad case indeed," the Crown Prosecutor described the case against Charles William Arthur Cairns, aged 18, who had. pleaded guilty in the lower court to 18 charges of housebreaking, three charges of shop-break-ing, and one charge of breaking into a counting house. . His Honour said that Cairns, In spite of his youth, seemed to have formed the idea that he was going to be a burglar, and so far he had had remarkable success in carrying out that idea. He had to receive a severe sentence. Cairns was sentenced to three years' reformative detention on each charge, the terms to be concurrent. Brought before the Magistrates Court, Cairns was convicted and discharged on one charge. MAGISTRATE'S COURT THURSDAY. (Before Mr E. D. Mosley, S.M.) THEFT OF HAND-BAG. Cecil Arthur Hensley, a labourer, aged 28, pleaded guilty to a charge of stealing a woman's hand-bag ana' its contents, valued at 7s 6d, the property of some person unknown. He was sentenced to one month's imprisonment with hard labour. . Sub-Inspector G. B. Edwards said the bag was seen in the accused's possession while he was in a pie-cart. He was then noticed attempting to put the bag in his pocket, and left Jhe cart without, eating his pie. As haSraas walking along the street he took something from the bag, and then threw the bag into the gutter. This was not the first time the accused had been in court. , Accused attributed the offence to drunkenness. The Magistrate: Have you been drunk 17 times before? This is your eighteenth offence. INTOXICATED MOTORIST. Cyril Haase, a linotype mechanic, aged 23, of Parle lane (Mr R. Twyneham), charged with being in a state of intoxication in charge of a motorcar on August 17, at Upper Riccarton, pleaded guilty and was fined £lO and costs. His license was suspended, until November 16, 1933. Sub-Inspector G. B. Edwards said the Riccarton constable had been advised that a motor-car had run into a telegraph pole. When the constable arrived he found four young men in the car. All showed signs of liquor, and one, the accused, was drunk. No one was hurt and very little damage was done to the car. Counsel said that the accused was in regular employment and had not been in any trouble before. He had had only three glasses of parsnip wine, and when he began driving he did not feel any effects. The matter was likely to have very sei'ious results for the accused and counsel asked that his name be suppressed. The Magistrate: The offence is too serious for that. REMANDED. Edgar James Wilson, aged 37, a salesman (Mr R. Twyneham), was remanded to appear on August 24 on a charge of obtaining, with intent to defraud, from Elizabeth Smith, the sum of £125 by falsely representing that he was a representative of the Premier Tobacco Company, Nelson, and that he was an employee of the company. Counsel asked for bail. Chief-Detective W. H. Dunlop said he had no objection to bail being allowed provided it was made substantial. He had reason to believe that there would be other charges against accused. Bail was allowed in the sum of £IOO with one surety of £IOO. The accused was also ordered to report daily to the police. CHARGE DISMISSED. Samuel Mark Beumelberg, aged 33, a blacksmith, of Trafalgar street, was charged with receiving documents valued at £lO, knowing them to have been dishonestly obtained. He pleaded not guilty. Chief-Detective \V. H. Dunlop said that in March, 1932, the house of Mr T. H. Brassington, in Salisbury street, was entered and these documents stolen. Subsequently they had been found in a fireplace in a room occupied by the accused. He denied any knowledge of the documents. In evidence the accused said that his movements about the country were such that he could not have had any connexion with the offence. The case was dismissed. ARMS ACT BREACHES.

Arthur Colin Clayton, aged 20, was fined 5s without costs for delivering a rifle to a person who had not a permit. Francis Norman le Comte, aged 17, was also fined 5s without costs for discharging a .22 rifle without cause in a public place. He was convicted and discharged for having a firearm for more than seven days without being the registered owner and for procuring possession of the rifle when he had not a permit issued by the police. RAILWAY LINE NOT CLEAR. John Thomas Gallagher pleaded guilty to attempting to drive over a railway crossing when the line was not clear. He was fined £2 and costs. CATTLE WANDERING. Henry William Bartlett was fined 10s and costs for allowing cattle to wander. CHIMNEY ON FIRE. Mary Phoebe Hews was convicted and discharged for allowing a chimney to catch fire. UNLICENSED HAWKER. For hawking goods without a license, Violet Mueller was fined 5s without costs.

OBSTRUCTION ON STREET. Henry William Chapman, for leaving an obstruction unlighted on a street, was convicted and discharged. CREDIT BY FRAUD. | Edward Andrew Morgan, a salesman- | aged 28, of Palmerston North (Mr R. A. Young), pleaded guilty to a charge of incurring a debt for £3 4s to Arthur Walter Andrews by fraud. He was convicted and ordered to come up fox.- sentence if called upon within 12 months. CIVIL CASES. (Before'Mr H. A. Young, S.M.) JUDGMENT BY DEFAULT. Judgment for plaintiff by default was given in the following cases:—Anderson s, Ltd., v. T. Meikle, £4 19s 10d: R. J. Mitchell v. V. G. Main, £3O: J. Cruse v. F. R. Plominski, £4 2s: New Zealand Farmers' Co-operative Association of Canterbury, Ltd., v. H. M. Schaare, £2l 14s 8d; S. F. Storey v. W. Surrell, £5 19s 6d; A. J. White, Ltd., v. M. McKnight, £2 10s; James Johnston, Ltd., v. G. Blacktopp, £3* Andrews and.Beaven, Ltd., v. G Horntnv £ ?ti s: Mas A °£ Struthers and Company, Ltd., v. Albert Hunt, £4 6s 8d: same v. Mrs S. King, 2s 8d" Chriqfl Arr Urch Council v - Mrs Honorah Agnes Malone. £ls 16s sd; same v Mrs Ivy Warren, £42 7s 7d; same v! James Longton, £63 12s 7d: same v Ruth Mabel Timms, £lO 16s Id; same v. Eleanor Cressy Annie Coxhead, £33 lylT v ' Alired tyche, Rsrw!? S l ame v - WaWer Lancelot Barron fi? o S i V ' Mar garet Ann oarron, k,oS 2s 10a; same v. William Thomas Henry Beaumont, £52 19s 6d* same v. Mrs Cherry Righton, £32 15s Mrs Esthpr' SiL^ 1 ? m ,, Ja , raes Cook and Mis Esthei Isabel Cook, £lO3 6s ld # same v. John P, Gray, £33 lfi«? iirf' same v. David Archer and Mrs Eliza Emily Archer, £56 9s 2d JUDGMENT RESERVED.

(Before Mr H. P. Lawry, S.M.) ■ May Vennall Moore, spinster of Chnstchurch (Mr K. G. Archer) Tramwav P Rn eS fK 0f a Ch "stchurch ™ ea £ er debenture for £IOO fiom Thomas Walter West land salesman, of Christchurch, and Hanv Edwin Robbins, mechanic, of Christchurch, trustees in the Thomas Gibbon Vennall, formerly of Chnstchurch (Mr Rex C. Abernethv) interesf £23 7s 6d io *