MAGISTRATES COURT

Press, Volume LXXII, Issue 21903, 2 October 1936, Page 7

MAGISTRATES COURT

N. « , THURSDAY (Before Mr E. C. Lewey, S.M.) BREAKING AND ENTERING; Cyril Potter, alias William Smit aged 26, of no fixed abode, pleade guilty to six charges of breaking an entering schools, with theft in eac case: The offences were‘committed s I the Marshland School, the Papam o£ School, the Shirley "Side” School, tt Jly Christchurch West High School, tl ed, Christchurch Girls’ High School, an ip- the Methodist Sunday School, at tt iu- comer of Brougham street and Cc ur lombo street. lal - Accused was committed to the Sv F. preme Court for sentence on all tb charges. Statements .by accused were read, i P- which the charges were admitted. Ac iri cused stated that he was a laboure: A- but was at present unemployed. To eight further charges, seven c r stealing, and one of' converting a bi in cycle to his own use. Potter pleadei n " guilty and was convicted and re if” manded for sentence, sine die. de M ’ REMANDED CASES In the case in which William Wal j’ lace McClelland, of 119 Dyers Pas .j" road, sharebroker and salesman, age . j 52, appeared on a charge of stealin, £450 at Cheviot on May 8, the pro perty of John Graham McPherson, i further remand was granted to Octo her 13. ■' In a remanded case, Robert Alex 7 S ander Johnston, carrier, of Ferry road aged 47, pleaded not guilty to a chargi s _ of being intoxicated in charge of i ie motor-truck in Oxford terrace. )n Mr S. R. Dacre, for Johnston, aske< j_ for a further adjournment. On the application of the police the evidence of Dr. F. L. Scott wai )n heard. Dr. Scott stated that when hj« had examined accused, accused wa; riot fit to drive. He was certainlj ie under the influence of alcohol, H< -jl had a scalp wound half an inch long on the back of his head. Ljj To Mr Dacre witness said that hj( ie had looked specially for signs of cond cussion, but had found no evidence o; it. The pulse rate was fast, whereas a .slow pulse would have been consistent with concussion. Ie A remand was granted till October 6 J* JUDGMENT BY DEFAULT lD Judgment was given for plaintiff by ~ default in the following undefended [ S cases:j. F. S. Billingham v. Michael Kean, e £1 6s 9d,‘ W. J. Scott and Company, r Ltd. v. John Hadland, costs only; G. ’ Fletcher and L. Thomas, in business as i Fletcher and Thomas, v. H. W. John- _ ston, £7; Edgar Fraser Stead v. R. H Harding, £46 2s 6d: Bernhard Hugh ~ Stanley Aylward.v. H. Breeze, £4 6s; St. G. Atkinson and Company, Ltd. v. J. Kerr, £4 19s 7d; Ashby, Bergh and .♦ Co., Ltd. v. W. P. S. Ponninghouse, £l6 Is; M. Johnson v. H. Martin, £2 11s 5 sd; City v. Melburne Thomas Wheeler “ £7 7s lOd. g DISPUTE OVER CAR ° Mrs A. M. Shipp (Mr E. A. Lee) claimed £6 11s from Malcolm Handi- ' sides (Mr D. W. Russell). " The claim arose over the cancellation e of an agreement to purchase a car on B which part of the purchase price had been paid. Under the cancellation i plaintiff was to be allowed £7 which s was to be paid in fowls up to that 1 value. It was claimed that the fowls 2 received were worth only 9s. i Defendant stated that the car had i depreciated in value to the extent of f the amount claimed. Judgment was given for plaintiff for B £6 11s. with costs. I FAILED TO RESTORE WAGES t The Department of Labour (Mr F. (■ Wilson) proceeded against John Burns I and Company, Ltd. (Mr L. W. Gee), for , four breaches of the Storemen and \ Packers’ award and one breach of. the ? Canterbury Drivers’ award. ■ The case was not defended, Mr Gee ‘ appearing to make an explanation. Mr Wilson'said an inspector interviewed defendants’ accountant and had • been told that the. 1931 1 rates had been • restored to all employees. When he* > inspected the books he found that wasnot the case, A definitely misleading statement had been made tb the inspector. In explanation, Mr Gee said as a new award was being considered defendants thought they did not need to alter the rates of pay. The money had since been paid to the employees concerned. * The magistrate said he could not accept the explanation as the- awards ; under which the men worked were only made in 1935. Judgment was given for the department for £4 on the charges under the • Storemen and Packers’ award and £1 ; on the charge under the Drivers’ award. FIVE BREACHES OF AWARD The Department of Labour (Mr F. Wilson) proceeded against Edith M. Morris (Mr G. P. Purnell), tearoom proprietor and confectioner on charges of five breaches of the Canterbury Tearoom and Restaurant, Employees’ Award. Judgment was given for the department for 5s on each breach. DEPARTMENT NON-SUITED Six charges in respect of two employees. of breaches of the Carpenters’ Award were brought by the Department of Labour (Mr F. Wilson) against William Clarke *and Son (Mr W. F. Tracy). The dispute was on the question of whether the employees were engaged in Christchurch or on the site of the work at the Bealev bridge. If they had been engaged in Christchurch breaches of the award had occurred. After the hearing of considerable evidence the department was non-suited-in respect of the claim for one employee and judgment was given, for