MAGISTRATE'S COURT

Press, Volume LXXV, Issue 22656, 10 March 1939, Page 4

MAGISTRATE'S COURT

THURSDAY (Before Mr E. C. Levvey, S.M.) MOTORIST IMPRISONED Two months’ imprisonment with hard labour was the sentence imposed on Cecil Mark Brown, a contractor, aged 51 (Mr C. S. Thomas), who pleaded guilty to having been intoxicated while in charge of a motor-car in Young street on March 6. Brown’s driving licence was endorsed and cancelled, and he was prohibited from holding another for five years. “The Courts are consistently stressing the fact that persons must abstain from liquor while driving,’’ said the Magistrate. The Court did not desire to impose the drastic penalty of imprisonment for a first offence, trying to take account of the fact that it might have been an isolated instance. However, accused had twice previously been convicted for such an offence and lesser penalties imposed. A penalty would now have to be imposed which would prove both punitive and a deterrent.

Senior-Sergeant P. C. Felton, who prosecuted, said that accused had been seen to drive away from a hotel. When stopped by an inspector he had slipped away, but was later intercepted near his home and found to be unfit to drive. He had twice previously been convicted.

Counsel submitted that accused did not drive in an erratic manner, but had taken considerable care. Medical reports stated that he was not in a state to drive but that he was not drunk. The last of the two previous offences was in 1932, and he had since rehabilitated himself, THREE MONTHS’ IMPRISONMENT

Three months’ imprisonment with hard labour was the sentence imposed on Robert Duncan, a porter, aged 34, and on Barbara Miriam Duncan, a married woman, aged 26, who pleaded guilty to charges relating to the keeping of a brothel. They were represented by Dr. A. L. Haslara. The woman was charged with keeping a brothel in Hereford street between January 15 and March 2. and the man with permitting premises in Hereford street, of which he was the occupier, to be used as a brothel between the same dates. Senior-Ser-geant Felton, who prosecuted, said there was nothing he could say in their favour.

Dr. Haslam said the wife took full responsibility for the offences. The husband was technically guilty because he knew what was going on, but he was seldom there. IDLE AND DISORDERLY

A young married woman, whose name was ordered to be suppressed, pleaded guilty to a charge of being idle and disorderly in that she had insufficient lawful means of support. and was convicted and ordered to come up for sentence if called on within 12 months. Senior-Sergeant Felton said that after some domestic trouble she left her home and took up her residence at a house, where she led an immoral life. She thought she was going to the house as a domestic, but realised afterwards how she had placed herself. She had an unblemished character, but was in poor health when she left her own home. She had now become reconciled with her husband. For aqcused, Mr W. R. Lascelles said that she was unbalanced temporarily when she was inveigled into the house. When she tried to get away she was faced with a threat of exposure. Only the intervention of the police had saved her from complete ruin. THEFT OF FURNITURE

For the theft of furniture valued at £34 15s, Robert Hector Butcher, a labourer, aged 38, was ordered to come up for sentence if called on within five years. He was ordered to repay £l2 15s as directed, and to work under the control of the probation officer. The charge, to which Butcher pleaded guilty, related to the theft of a piano, a table, a sewing machine, a bedstead, and two dressing tables, the property of William Henry Butcher. ' Detective-Sergeant F. Sinclair said accused was a son of the complainant. He took the furniture from an unoccupied house and sold it, spending some of the money in joy-riding in an aeroplane. Some of the articles had been recovered. For accused, Mr D. W. Russell said that Butcher was rather subnormal. He had had authority to remove some chairs from the house. SERIES OF CHARGES William Scannell, a sailor, aged 52, pleaded guilty to charges of . drunkenness, obscene language, resisting a constable. and doing wilful damage to an overcoat and a police cell. On the obscene language charge. Scannell was ordered to come up for sentence if called on within six months and to make restitution of £4 8s 3d. He was convicted and discharged on the remaining charges. ~ _ „ Senior-Sergeant Felton said Scannell had resisted arrest and had acted “like a raving lunatic” in the cell. The accused blamed his conduct on having had too much liquor. THEFTS AT KAIRAKI Horace Alan Ireland, aged 20 (Mr H. W. Thompson) was charged with the theft at Kairaki of a bicycle, the property of Lorna Hutson, and of goods to the value of £1 4s 6d, the property of Florence L. Hunt. Ireland pleaded not guilty to the first charge and guilty to the second. , , Mr Thompson said that accused had been able to walk only for the last three years. Until then he had lived in a spinal chair. He had beeh denied the ordinary chances in life. Further, though he was a cycle mechanic, he had made no attempt to change the look of the bicycle concerned. Ireland was admitted to probation for three years and ordered to make restitution. REMANDED George Kershaw Walshaw, a labourer. aged 32, who was charged with the theft of £1 in money, the property of Arthur Brougham Nottingham, was remanded to appear on March 20. On a charge of indecently assaulting a male, Edward Scott, an old age pensioner, aged 68. was remanded till March 14. , , Frederick Peters, who was charged with the theft at Marshland of three cows and a calf, the property of Davinia Hawkins, was remanded for one week, bail being allowed in his own recognisance of £IOO, and one surety of £ 100. A condition was that he report daily to the police. On a charge of the theft of goods valued at £3 0s 6d from the D.1.C., Phyllis Esma Bowen was remanded for a week. She was granted bail in her own recognisance of £IOO, and one surety of £IOO, and was ordered to report daily to the police. Austin Ernest Prince, a labourer, aged 25, was charged that he assaulted a woman with intent to commit rape. He was remanded for a week, bail beint* renewed in his own recognisance of £3OO and one surety of £3OO.

CASE ADJOURNED Arthur Jim Bruff and Richard Eden were charged with fighting in a pubhc place, and Eden was also charged with using obscene language." The charges werg adjourned for a week. LICENSING OFFENCES Frank Matson, Richard Leslie Crossen, and Raymond John Tomlin were each fined 20s and ordered to pay costs, for being on the licensed premises of the West Melton Hotel after hours. For being unlawfully on the licensed premises of the Woolstpn Hotel, George. Fennell Stephens was fined 20s and ordered to pay costs. George Crutch, Frederick Jonathan Lancaster, John Oliver, Leslie Curno, Percy Charles Frederick Thomas, Edwin Reed, Gilbert Reesby, William Hines, and Henry Woods were each | fined 20s and ordered to pay costs for being on the licensed premises of the Springston Hotel after hours. The barmaid at the Springston Hotel, Hannah Dobson (Mr F. D.' Sargent), was fined £3 and ordered to pay costs for supplying liquor after hours. THREATENING LANGUAGE Thomas Frederick Imesoh was charged with using threatening language. A crossing-keeper, W. E. Knight, said that Imeson had approached him and recalled a prosecution arising from Knight's reporting Imeson for crossing a railway line when it was not clear. Imeson had threatened to “get him," witness said. The charge was dismissed on payment of costs. WILFUL DAMAGE A fine of 20s and an order to make good the damage, in default 30 days’ imprisonment, was imposed on Colin Frederick Macdonald for the wilful damage, amounting to 12s 6d, of windows of a house owned by Macfarlane and Company, Lichfield street. It was stated that the house was occupied by Macdonald’s wife. Frederick Lawrence Wigg was fined 20s, in default seven days’ imprisonment, for having wilfully damaged a letter-box valued at 4s, the property of George Herbert Rae. DRUNKENNESS A fine of £3, in default 14 days’ imprisonment, was imposed on David Johnstone, a labourer, aged 56, for drunkenness. Senior-Sergeant Felton said Johnstone had 57 previous convictions, three in the last six months. CONVICTED AND DISCHARGED Alexander Francis Robinson, a labourer, aged 55, was convicted and discharged on a charge of having failed to comply with the terms of his release on probation. It was stated that he had failed to report to the Probation Officer. Robinson’s excuse was that he was not aware of this condition. 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 undefended civil cases:— C. L. Rhodes v. F. Williams, £5 10s lid; same v. A. R. Stephens, £4 2s 6d; Christchurch Press Company, Ltd., v. Lawrence William S. Cone, £2 16s lOd; same v. D. Blunden, £5 Is 4d; North Canterbury Hospital Board v. Thomas J. Williams. £l6 18s; W. J. Scott and Company, Ltd., v. S. Adams, 19s; Auto Parts. Ltd. v. T. P. Shaw, £3 2s 3d; Bowmans, Ltd., v. H. Crofts, £2 ss; M. W. Simes v. Bernard Richard Crean, £2 12s 6d; Robinson E. Hall v. Henry William Lawrence, £1 Is; Beath and Company, Ltd., v. W. A. Johnstone, £2 8s; Bascands, v. F. Platt, costs only; Public Trustee as executor of the will of Frederick William Devereux v.Gordon Hammond and Josephine Hammond, £7 7s 10d; James Stuart v. Leslie Robert Templeton, £l6 2s, and an order for noscosslon; Lichfield Shirts, Ltd., v. Gaskin and Taylor, Ltd., £9O 10s 8d; Cambridge Service, Ltd., v. J. Higgs, £3 10s. PLAINTIFF NON-SUITED In a defended action against Ernest Jamieson, claiming £2O 13s for work done, W. Berryman was non-suited. Mr A. B. Hobbs represented Berryman and Mr A. W. Brown appeared for Jamieson. •