MAGISTRATE’S COURT

Press, Volume LXXVII, Issue 23351, 10 June 1941, Page 10

MAGISTRATE’S COURT

MONDAY (Before .Mr E. Ci Levvey, S.M.) REINSTATEMENT CHARGE . DISMISSED “If I come .to the conclusion that any - employer is indulging in these practices there will be no half-meas-ures. Therefore I want. to be quite sure; and I’m finding it just a bit difficult in this case to apply the law as -set out in these regulations. In view of the serious attitude I take of this, type of offence, I think that this case ' is just outside the line,” the' Magistrate said when he dismissed a charge brought against C. S. McCully, Ltd., , of failing to reinstate an employee at the termination of his'-military service. Mr S. E. McGregor prosecuted for the Labour Department, and Mr R. A. Yoimg appeared for the defendant firm. In evidence, Leslie Thomas McEntee. the employee concerned, said that he had been employed by C. S. McCully, Ltd., ;since August, 1939. He had entered; camp for three months’ territorial training in January - and at the .completion > of * hls> service ;he had applied-; to'C/S. 1 , McCully, the managing dltector, : for his old position., McEntee said i that he was . told that, as- his work, had not been satisfactory In the past, he could not start with the firm. There 'had been no complaints about his work before he entered camp. 1 Cross-examined by Mr-Young, McEntee admitted that before this interview he had; had some liquor, six glasses* of port wine, but was not drunk. McCully had not.told him that he would not talk to him because he was [intoxicated, nor had he offered him 30s a : week“uritjl he obtained a new; position. . Paul;R6gefs„an inspector of factories, sald- : that when he . interviewed McCully on April ,15, about the reinstatement. of McEntee, McCully had ; stated;,that .‘McEntee’s: work 'had not

been satisfactory and that when he applied for his position he was in a drunken condition. Charles Samuel McCully, in evidence, said that Booth, the timber manager, had warned McEntee on several occasions about his work. McEntee had been really drunk the first time he had interviewed him and on the second occasion he had come to see him he was smelling qf liquor, witness stated. Each one of -the employees who had gone on military service had been reinstated without question, McCully said, and had McEntee been sober, he, too, would have been taken back. The firm was, at that time, very short of men. The Magistrate then dismissed the case MOTORIST ACQUITTED A charge against Darcy Nelson Le Comte, contractor, of being intoxicated in charge of a car, was dismissed, the Magistrate being satisfied that the accused was not actually “in charge” of the car when arrested. Mr C. S. Thomas defended Le Comte, and SubInspector E. T. C. Turner prosecuted. Constable J. D. Farquhar described seeing- three men go unsteadily towards a car in Wordsworth street after 2 a.m, on June 6. Two got in, and one stood by the driver’s seat. While the engine was turning over, witness flashed his torch and the man outside leaned in and the engine stopped. Witness went;up and asked who was the owner of the car, and Le Comte, who was sitting, behind the wheel, said he was. - The man standing beside the car (Leonard Brown) gave witness the keys. Mr Thomas said that the three men had been at a party, and Le Comte, knowing he should not drive, had asked Brown to do so. Brown, was not intoxicated, and the constable bad not put him through any of the tests. When the constable arrived, ’Le Comte was. merely tumuli’over the engine, on the battery, without having the ignition turned on, and demonstrating the gear system. .., , . Leonard Brown gave evidence on , the the Incident, and Sub-In-

spector. Turner read reports of relevant judgments on the definition of “in charge.” The Magistrate said there was no reason to doubt Brown’s evidence that he was going to drive, and the case would be dismissed. SOCIAL SECURITY FRAUDS A plea. of guilty was entered by Frank Andrew Barrett,. a labourer, aged 50, when he appeared on two charges of having declared false statements of income so as to obtain social security benefits to which he was not entitled. Detective-Sergeant J. McClung said that, over the last five years,. Barrett had obtained excessive social security payments, totalling £BO 2s 6d, by making false statements of the wages he earned. “The Social Security Department has to depend to- a great extent, on the honesty of the applicants,” Detective Sergeant McClung said. “You’re just a common thief, you know. - You’re put on your honour and you take advantage of this by stealing from everybody else,” the Magistrate said when he convicted Barrett on one charge and convicted and discharged him on the second. Passing of sentence was adjourned for . a fortnight. Barrett said that, from the sale of property, he was prepared to make full restitution. Thomas Edgar Murfltt, a labourer, aged 25, also pleaded guilty to two similar charges of having obtained, by false statements about wages earned, social security benefits amounting to. £69. Detective-Sergeant McClung said that Murfltt, a farm labourer, was working, but was earning only 30s a week. “He doesn’t look as though he, himself, has the mentality to have done this. Who is behind him?” the Magistrate' said to Detective-Sergeant McClung. “I think that these men get a lot of advice from the ‘bush lawyers’ around the country,” Detective-Ser-geant McClung said. Murfltt, on the first charge, was convicted and ordered to come upfor sentence if called on within-.thrde. years, andonthe second

count was convicted and discharged. When Detective-Sergeant McClung asked for an order for restitution the Magistrate said that it would be a waste of time. DESERTION ALLEGED Two seamen, Torlief Aslaksein and Aage Arnesen, of charges of deserting from a ship at Lyttelton on June 7, were remanded to appear at Dunedin on June 11 CHARGE WITHDRAWN^ Alice Craven, a widow, pleaded guilty to posting an indecent ddcu-: ment. Detective-Sergeant McClung said that the defendant had a shop in Armagh street and had apparently had some little difference with Mr R. T. Bailey, of the Labour Department, because on March 24 she posted him an anonymous letter, the wording of which-he quoted. “Is that indecent. It may be-abusive and dirty and disgusting, but I don’t think it’s indecent. Withdrawn by leave of the Court,” the Magistrate said. , ‘ COMMITTED FOR: SENTENCE Clarice Mily Dufiield, a domestic, aged 19, pleaded guilty to a charge of breaking and entering the home of Francis Edward , Goldsborough and committing theft, and was committed to the Supreme Court for sentence. On four theft charges Dufiield also pleaded guilty. She was convicted and remanded sine die for sentence. An order was made for the return of stolen property to the owners. Francis Edward Goldsborough said in evidence that on May 12 he had left his home at 451 Cashel street with the doors and most of th? windows securely fastened. When he returned the front door and a dining-room window were open. Raymond Francis Goldsborough, a son of the previous witness, stated that £2B had been stolen .from his belongings on the day the house had been entered.' Detective B. H. Thompson-gave evidence of having interviewed Dufiield on May 23. Shehad admitted-the offence, and had said-that alLthe' money had been; spent

MAINTENANCE COURT (Before Mr H. A. Young, S.M.) DEFAULTERS SENTENCED Walter Edward Pope was sentenced to three months’ imprisonment for defaulting to the extent of £3 14s Id in the payment of maintenance for his daughter. , For defaults in maintenance the following sentences were imposed, to be postponed while payments are made of the. arrears at the rate shown, in addition to current orders. Arrears are shown in parenthesise—John Charles Bate, six months, or 5s a week (£lO7 2s); Alfred James Garlick, one month, or 2s 6d a week (£l2 8s 8d); John Cecil Henry Harding, six months, or 10s a week (£221 9s 3d); Alan Reginald Hutchins, one month, or 2s 6d a week (£29 13s 6d); Robert William Kirk, one month; or. 2s 6d a week (£3 10s).