MAGISTRATES COURT

Press, Volume LXXIV, Issue 22306, 21 January 1938, Page 15

MAGISTRATES COURT

THURSDAY (Before Mr E. C. Levvey, S.M.) DRUNKENNESS George Cann (Mr D. J. Hewitt), who had been twice previously convicted in the last six months, pleaded not guilty to a charge of drunkenness. He was convicted and fined 20s, in default 48 hours' imprisonment. BREACH OF PROBATION Leo Francis Mafeking Dowling Dunne, of Culverden, a labourer, pleaded guilty to a charge of breaking the terms of his release on probation, and also appeared for sentence for his original offence—wilfully damaging a window. The Probation Officer said that Dunne had not paid money he was required to find, and had not complied with the general terms of his release. The accused said he had money owing to him for work clone in the country, and could pay (he amount when the cheque arrived. He was fined 20s, and ordered to pay costs. REMANDED Matthew Francis Osborne was re;manded until January 27, on a charge of stealing at Hawera on January 18 one billiard ball, valued at £1 Is, the property of Henry Alfred Coburn. VALUELESS CHEQUES I Adam Gordon, a miner (Mr C. E. ! Purchase) pleaded guilty to charges of obtaining money with intent to defraud, by means of valueless cheques, one for £7 8s 3d, which he presented to John Thomas Nicol Grant, and the other for £7 Is 6d, which he presented to Thomas Aspell. He was sentenced to six months' imprisonment en the first charge, and convicted and discharged on the other. ! THEFT OF WATCHES Eric Alfred Wahrlich, a labourer (Mr P. H. T. Alpers) appeared for sentence on a charge of stealing a wristict watch valued at £4, the property of Ray James Ewart. He pleaded guilty to a second charge of stealing a wristlet watch valued at £5 10s, the property of Allison Joan Bamford. Detective-Sergeant T. E. Holmes said that the watches had been stolen from bathers at the New Brighton Beach. The accused had 16 previous convictions. Wahrlich was sentenced to six months' imprisonment on each charge, the sentences to be cumulative. ON LICENSED PREMISES On a charge of being on the licensed premises of the United Service Hotel after hours, Francis Christian Braisher >vas fined 30s and ordered to pay costs. DISCHARGING FIREWORKS "There has been so much of this that the police decided to take action," said Senior-Sergeant p. C. Felton, when William John Davidson was charged with discharging fireworks in High street on New Year's Eve. The senior-sergeant said that this particular defendant was not among the worst offenders. Others had thrown fireworks at the feet of women passing along the street. Davidson was ordered to pay costs. Leo Daniel Howie pleaded guilty to a similar charge. The senior-sergeant said that this offender had thrown crackers at the feet of women who were carrying parcels. Howie was ordered to pay costs. BREACH OF PROHIBITION ORDERS John Thomas Frew, for breach of a prohibition order, was fined 20s and ordered to pay costs. Thomas Lawson, on a similar charge. was fined 20s and ordered to pay I costs. Ernest Percy Orchurd was also fined 20s and ordered to pay costs. CHARGE OF ASSAULT Reginald Joseph McAlcer pleaded' guilty to a charge of assault. Senior-Sergeant Felton said that the defendant threw a stick into the wheel of another man's bicycle, to siop him, and speak about a debt. The complainant fell and was hurt. McAleer was convicted and ordered to come up for sentence if called on within six months. CHARGES OF FIGHTING Jack Forbes and Rayon Clare Gilbert were charged with fighting in Bridle Path road at Heathcote. Forbes did not appear. Gilbert pleaded guilty, claiming that he had been provoked. He said he was a member of a club which was conducting a dance. The other defendant behaved objectionably and he remonstrated with him. From that the fight developed. Forbetj was fined £2 and ordered to pay costs. Gilbert was ordered to pay costs only. SUNDAY TRADING Albert Edred Orchard, for Sunday trading, was fined 10s. CHARGE DISMISSED A charge of allowing a chimney to catch fire, brought against John Sims, was dismissed. CYCLING WITHOUT LIGHT Raymond Douglas Tavendale, for cycling at night without a light, was fined 20s and ordered to pay costs. ESCAPE FROM PRISON William Thomas Crocker (Mr R. A. Young) pleaded guilty to a charge of being an incorrigible rogue, in that on Christmas Day he escaped from Paparua prison before the expiry of his sentence. Detective-Sergeant Holmes saki that the accused was sentenced last May to 12 months' imprisonment for theft. He was regarded in prison as a trusted prisoner and a part of his duties was to look after the stock. For this he was given a practically free hand, but on the evening of Christmas Day it was found that after going out to the paddocks with a horse and gig he had not returned. The horse and gig were later found unattended. The accused was not found, although extensive inquiries were made, but on December 29 he reappeared _and surrendered himself to the prison authorities. He said he could not tell where he had been, and that his mind was a blank. He later said he had found a bottle of whisky left in the paddocks by picnickers, and had drunk it all, after which he wandered away. Crocker was sentenced to three months' imprisonment, the term to be served at the expiry of his present sentence. GAMING OFFENCES David McDonald, of 97 Wordsworth street, pleaded guilty to a charge of. using his premises as a common gam- ] ing house. Detective J. McClung said that half-an-hour before this charge was read he and Detective P. Burns visited the accused's premises, and found betting materials there. It appeared that the accused did business in a small way. He admitted having done so for about two years. McDonald was fined £2O and ordered to pay costs, in default three months' imprisonment. Three-quarters of an hour later Detective McClung prosecuted a second defendant, Ernestine Lalor, who was charged with keeping a common gaming house in premises occupied by her at 486 Colombo street. Detective McClung said that Miss Lalor kept a greengrocer's shop and supported her mother and herself. She was in the habit of taking bets, but she said that these never exceeded ss. - The defendant was fined £ 10 and ordered to pay costs. LICENSING CHARGES Robert Francis Lawrence (Mr F. D. Sargent), licensee of the Club Hotel, Sydenham, pleaded not guilty to a charge of keeping open his premises for the sale of liquor after hours, and to two other charges under the Licensing Act arising from the same circumstances. Senior-Sergeant Felton said that when a constable visited the hotel on ithe evening of December 11, he found six persons i~ the bar with liquor or

empty glasses in front of them. The licensee's wife had recently had a baby and had just returned to the hotel. The men said they had come to see the baby. Constable Leith gave evidence that he had climbed over a fence at the back of the hotel and entered the building from the backyard. It was 10.34 p.m., and he found five men and one woman standing in front of the bar, in the private bar. There was no light in the bar, which was lit up from the adjoining bottle store. One man said they were "wetting the baby's head, and making a success of it, too." Others gave similar reasons. The licensee said that foolishly he had brought these people down to the bar. , Mr Sargent said that the people in the bar were the licensee's bona fide guests. He understood that none of the persons concerned had been summoned for being on licensed premises after hours, this being an indication that the police intended to wait the Magistrate's decision on these charges. All six who were in the bar were friends of Lawrence and were invited to the hotel to "wet the baby's head. The defendant and persons who were in the hotel gave evidence supporting Mr Sargent's statement. The charges were dismissed. 'You gained the benefit of the legal position. That is all I will say about it, said the Magistrate to the defendant BANKRUPT BUILDER Abraham Luke Adams, a bankrupt builder, of Southampton street (Mr D. J. Hewitt), was charged with having failed to keep proper books recording his business dealings and financial position. Two other charges under the Bankruptcy Act were withdrawn. Mr A. W. Brown, who prosecuted for the Official Assignee, said that Adams had kept confused books, and the Official Assignee had had considerable difficulty in ascertaining what his assets were. Mr Hewitt said that Adams had been in business for about 10 months. Adams had had a solicitor who looked after his accounts, and left all that part of the business to him. It was a technical breach, not a criminal one, and Adams had apparently placed too much confidence in his solicitor, with whom he did not do business now. Adams was convicted and remanded until Monday for sentence. Bail of] £SO was allowed, with one surety of £SO, and a condition that he reports twice daily to the police. DISORDERLY BEHAVIOUR Charges of disorderly behaviour, arising from a difference between two families were heard against Bernard Benjamin Louis Mora (Mr R. Twyneham) and Edgar Vincent Rickerby (Mr P. H. T. Alpers). Mrs Charlotte Florence Rickerby, wife of the defendant, Rickerby, was charged on a private information laid by Mora, with assaulting Tui Mora. The defendant Rickerby sought a surety of the peace from Mora. Senior-Sergeant Felton said that an open squabble between the two families arose when their children had a difference leaving for school in the morning. After hearing the evidence, the Magistrate said he hoped the adults concerned would allow common sense to prevail. He bound over each party to keep the peace. CIVIL CASES (Before Mr F. F. Reid, S.M.) JUDGMENTS BY DEFAULT Judgment for plaintiff by default was given in each of the following cases:— Robert Francis. Ltd., v. Mrs G. M. Grubb. £1 5s 9d; F. P. Sivertsen v. Alen Young, costs only; Slater, Sergent. and Connal v. William Stanton, costs only; Albert Counsell v. R. Denford, £1 7s; Gresham and Gresham v. R. W. Stevenson, £6 2s; India Rubber and Accessory Company, Ltd., v. G. Dore. £1 6s lid; F. K. Wilson (trading as Wilson's Bakery) v. W. Rickus, £1 2s lOd; S. Donaldson v. D. McKay, £5 7s; W. A. McLaren and Company, Ltd., v. A. D. Fraser, £1 3s 6d; Charles Stewart Thomas v. B. L, Ward, fct Is; same v. Harry Scott, £4 6s lOd; Turnbull and Jones, Ltd.. v. L. Spicer, £1 7s 6d; L. B. Scott. Ltd.. v. E. E. Harford, 12s 6d: Brown Bros. v. R. C. LongstafT, £2 16s 8d; Boyce and Congreve v. Arthur Greig, £4 14s 7d; Roy Twyneham v. Arnold W. Dacombe, £5 10s. JUDGMENT SUMMONSES W. K. Bunce was ordered to pay J. L. Vergette £5 7s 6d forthwith, in default six days' imprisonment, warrant I to be suspended as long as he pays 10s a week. Leo Fahey was ordered to pay G. Fergus £4 4s forthwith, in default four days' imprisonment, warrant to be suspended as long as he pays 10s a week. C. K. Franks was ordered to pay C. F. Turner £l6 8s 8d forthwith, in default 18 days' imprisonment, warrant to be suspended as long as he pays 2s 6d a week. C. Sutton was ordered to pay Gordon John Lack £lB 14s lid forthwith, in default 18 days' imprisonment, warrant to be suspended so long as he pays 10s a week. REPAIRS TO VEHICLE K. E. Currie. engineer, of Christ-1 church, claimed £3 19s 7d from Nyall Barker and J. R. Johns, labourers, for work done and goods supplied for the repairing of a motor vehicle. Judgment was given for the plaintiff for the full amount of the claim, with costs. Mr B. A. Barrer appeared for the plaintiff and Mr P. H. T. Alpers for the defendants.