MAGISTRATE’S COURT

Press, Volume LXXIV, Issue 22592, 23 December 1938, Page 16

MAGISTRATE’S COURT

THURSDAY

(Before Mr E. C. Levvey, S.M.) ASSAULT CHARGES Arthur Aloysius Barnard, a carpenter, who faced two charges of assault and two of wilful damage, was remanded for a week for medical observation. Barnard pleaded guilty to ■a charge of drunkenness and to one of assaulting Charles George Alexander Keay, and entered pleas of not guilty to charges of damaging, to the extent of £1 Is 6d, an overcoat belonging to Keay, and of damaging a pane of glass valued at 12s 6d, the property of Sarah Lett, and to assaulting David Leatham. Sub-Inspector W. E. Packer said that when accused took liquor he went mad. He called at the house of Mrs Lett, whom he did not know, about midnight, and when he was refused admission, he broke a pane of glass in the front door. Mrs Lett’s cries for help attracted Keay and Leatham, bfrth of whom were struck by accused. ,who also chased the former and kicked him when he had knocked him down. When arrested, accused was acting in a very wild manner. Barnard said that three mates had taken to him when they were all walking home together and he went to Mrs. Lett’s house to find one of the men, who he thought had gone there. The pane of glass was broken when his foot was caught in the door as Mrs Lett shut it in his face, he alleged. COMMITTED FOR SENTENCE Leslie Richmond Henderson, a salesman and blacksmith, aged 32, who pleaded guilty to two charges of breaking and entering, was committed to the Supreme Court for sentence. Bail was allowed in Henderson’s own recognisance of £2OO and one surety of £2OO, and he was ordered to report daily to the police. The charges were that on December 7 he broke and entered by day the dwelling of Henry Patrick Bryan. Avonhead road, and on December 14 the dwelling of Ellen Marjorie Harris, 361 Sawyer’s Arms road, with the intention of committing theft. Mr J. K. Moloney appeared for Henderson. Detective-Sergeant F. Sinclair presented evidence to show that the accused had gained entrance to the home of Bryan through a back window and had taken a watch and chain from a waistcoat hanging on the wall. He had also taken 10s ifei money and a diamond ring from Mrs Harris’s home, an open fanlight serving as the means of getting into the house. The watchchain had been sold and an effort had been made to dispose of the ring. The watch itself and several ornaments on the chain had been thrown into a gorse hedge. Henderson explained his presence on the premises of the two houses by saying that he was looking for haymaking work. DECISION RESERVED Decision was reserved by the Magistrate on a point of law raised by Mr K. W. Walton, who appeared for Stanley Campbell Sycamore, of Auckland. Sycamore pleaded not guilty to a charge of having communicated, without lawful excuse, with an inmate of an Institution under the Child Welfare Act. Mr Walton explained that the hearing of the charge was adjourned some months ago pending the hearing of an appeal by accused against a Magistrate’s decision at Auckland in June, by which he was fined £2O on a similar charge. The appeal had been dismissed by Mr Justice Callan. Counsel submitted that there was no evidence in the present case of the Child Welfare Department having prohibited Sycamore from having communication with the inmate. Mr Walton contended that evidence by a police constable about evidence heard by him at the Auckland hearing was not sufficient to establish that the accused had been so prohibited. After the Magistrate had expressed surprise that the accused was not present, he agreed to hear Mr Walton, stating that decision would be reserved on the point raised about evidence. Mr Walton said Sycamore and the girl had been more or less brought together by misfortune. The girl had threatened to take her life after having heard some bad news and Sycamore had domestic trouble, his wife having left him. Such was the background to their friendship. Counsel said that Sycamore had learnt his lesson. THEFT OF BLANKETS Christopher Munro, a carpenter, pleaded guilty to a charge of stealing two blankets, valued at 17s 6d, the property of Annette Clifford. Detective-Sergeant Sinclair said that defendant had stolen the blankets from his landlady for the purpose of buying drink. He was not a dishonest man, and drunkenness was his only fault. For defendant, Mr H. Crawford said that he had been worried about the medical expenses of a broken arm. and had been under the influence of drink. Munro was ordered to come up for sentence if called upon within six months, to make restitution, and to take out a prohibition order. CROSSED RAILWAY LINE Stanley Hubert Tibbotts was fined 10s and ordered to pay costs for having crossed a railway line when it was not clear. DRUNKENNESS Mathew Edward Smith was fined 10s for drunkenness. Defendant admitted three previous convictions in the last six months. CIVIL COURT (Before Mr F. F. Reid, S.M.) JUDGMENTS BY DEFAULT Judgment for plaintiff by default, with, costs, was given in each of the following cases:— Bishop and Company, Ltd., v. A, Cornwall. 12s 6d; E. Reece, Ltd., v. C. Hawes, £1 9s; John R. Procter, Ltd., v. L. Hammond, £1 15s; same v. T. J. Warner, £2 12s 6d; A. Craven v. G. R. Poulsen, £5 8s 6d Grosvenor House Proprietary. Ltd., v. A. Ford, £1 4s 9d; same v. C. S. Gourdie. £1 15s 7d; same v. Mrs W. Thomas, 11s 8d; same v. D. G. Cameron. 15s 7d; same v. F. Miller, £2 15s; same v. T. J. Oakley, jun., 11s; same v. R. L. Sullivan, £1 10s; Maling and Company, Ltd., v. W. D. Hume, £1; G. S. Morse v. L. Knight (as against separate estate), £5 3s 3d. ORDER FOR POSSESSION Benjamin Hindle was granted an order for possession or or before January 14 against George Weallens. Judgment for £l7 2s 6d was also given for plaintiff. JUDGMENT SUMMONS On a judgment summons, J. Boschetti was ordered to pay Sneddon Hayward (N.Z.>. Ltd., £1 8s 3d forthwith, in default four days’ imprisonment, the issue of the warrant to be suspended so long as 5s a week is paid.