MAGISTRATE’S COURT

Press, Volume LXXVII, Issue 23366, 27 June 1941, Page 10

MAGISTRATE’S COURT

* THURSDAY (Before Mr E. C. Levvey, S.M.) FALSE PRETENCES Peter James Innes (Me J. A. Kennedy), a painter, aged s2, pleaded guilty to a charge of obtaining goods from the Drapery and General Importing Company, Ltd., by false pretences. Detective-Sergeant J. McClung said that on May 7 Innes had a few drinks with a man named Herbert Michael Petrie, after which he accompanied Petrie, who was going to be measured for a “Suit at the D.I.C, Eight days later Innes went to the same firm and bought goods, leaving them charged to Petrie’s account. The bill had been sent to Petrie, who complained, and the police were informed. In the meantime; however, Innes had written to Petrie. admitting what he had done. Mr Kennedy said that during the drinking bout, Petrie had told Innes that if he was ever in financial trouble he could use his account to buy clothes. It was a point in accused’s favour, said Mr Kennedy, that he had written to Petrie admitting the offence. “I am making a great effort to treat you leniently. You’re evidently an exr pert in this class of offence,” the Magistrate said in ordering Innes to come up for sentence if called on within three years, a prohibition order to be taken out for each of the three years. Restitution of £7 14s 4d, at the rate of £2 a week, was ordered. . LICENSING ACT Jessie Lilian Emma Cooper, the licensee of the Phoenix Hotel, was fined £2 and ordered to pay costs for opening licensed premises after hours. A charge of exposing liquor for sale was withdrawn, Sub-Inspector Turner said that on May 4 at 6.20 p.m. the door of the private bar was open and four men were inside. No barman was present. While the police were questioning the men; a barman came into the bar, but he denied selling any liquor after G o’clock. Mr R, L; Ronaldson, for Cooper, said that the Phoenix Hotel was very difficult for a young widow to manage, and, in fact, Cooper had signed a transfer of the licence. ‘‘This man is making every endeavour to run properly. a very • orderly hotel, but with the Union Jack Club

next door he has a lot of difficulty,” Mr R. A. Young said, when James Wallace, licensee of the Grand Hotel, was charged with selling liquor after hours. James Edward Charman and Frederick Charles Smart, were each charged with supplying the liquor. Sub-Inspector Turner said that when the police visited the hotel at 9.5 p.m, on May 23 they found 17 persona in the lounge, including a number of soldiers. Charman and Smart were both busy serving drinks. No explanation had been offered by Wallace. Mr Young said that a friend of Wallace’s was going away the next day for service overseas, and it was made the occasion for a few drinks, but, unfortunately, several persons had “gatecrashed” their way in. Smart, Mr Young said, was not a barman, but a friend of the Wallace family, Wallace, who had a previous conviction last September, was fined £5, and Smart and Charman £2 each. For being on the premises the following were each fined 20s and ordered to pay costs;— Ronald Arthur Cox, Ernest Crysell, George . Hart, Robert Hogg, William Newell, and Frank Shannahan. REMANDED Sydney Alfred Chapman, aged 20 (Mr, R. A. Young), was further re-, manded until July 10. charged with being found unlawfully; but in circumstances that did not . disclose the commission, of or the intent to-com-mit any other offence on the enclosed premises of '62 Jerrold street, owned by Daniel.George. Bail was'renewed on his own recognisance of £SO. RECEIPTUNSTAMPED Arthur Ernest Hawkings, a plumber (Mr S. R.- Dacre), was fined 20s for giving H. E. Stevenson a receipt for £4 10s without a 2d stamp on it. Detective-Sergeant McClung said that the breach of'the Stamp Duties Act had been found out when the police were gathering evidence on another charge concerning the transaction. Hawkings had already been convicted on the other charge and ordered to come up for sentence if called on, Mr Dacre'said that when Stevenson gave Hawkings the money to buy material, neither had a stamp, and the blame lay equally on both men. CREDIT BY FRAUD A man whose name was-suppressed for the sake of his children was ; convicted of false- pretences. Detective-

Sergeant McClung said, that .the' accused purchased a radio on time, payment from Robert Francis,, Ltd., paid the deposit, and then sold it to .a man for £2. After that he paid a further £1 3s 6d to the firm, .and told them he had disposed of'the . set. The firm had recovered the. set and had not' laid a charge of Cieft, . as: they might have done. Drink was the cause of the trouble, Mr McClung said. ... The Magistrate ordered the Accused to dome up for sentence if called oh within,three years, on condition that he take out a prohibition order each year and repay the man who bought, the set from him. CIVIL COURT (Before Mr H. A. Young, S.M.) JUDGMENT FOR UNION The New Zealand Engineers’ and Related Trades’ Union was given judgment against Morris V, Price, an engineer, of Temuka, for £2 4s, representing entrance fee and arrears of contributions. The Magistrate, after hearing submissions by Mr B. A. Barrer, and evidence from G. T. Thurston, secretary of the union,.held that if defendant had applied for membership and enjoyed its privileges over two years, he was liable for the payments. Price’s evidence had been taken in Temuka. JUDGMENT FOR DEFENDANT 'E. R. Bond (Mr T; A. Gresson), the tenant of property at 6 Blighs road, Papanui, defended a claim hy A. H. McMaster (Mr R. C. Saunders) for possession of, the place. Thq case had been adjourned to enable the plaintiff ,to provide suitable alternative accommodation, and the Magistrate, holding that this had hot fbeen done, gave judgment for defendant. CLAIM FOR 10s 6d «■ C. S.. Thomas and Bowie claimed from George Valdemar Nielsen, a monumental.mason, of Ashburton, 10s 6d for Jegal advice given. R. P, Thompson, a solicitor employed by the plaintiff firm, in evidence, gave details of how Nielsen, on October 4, 1940, interviewed him about ah amount of £4 14s lOd for which he was being sued. Nielsen wished the case to be defended, but on investigation Thompson said that, because of the expense of expert witnesses who would have to be called, for such a small amount, he did not consider that .the legal expenses would be justified. He had advised Nielsen on Court procedure, interviewed another solicitor on dt-

fendant’s behalf, and suggested that, he should conduct his own case, .this ;advice a bill of 10s 6d had bcw sent'to Nielsen, who, however^»» not paid;-. , , Nielsen said that he had-' Kiji /* legal advice from plaintiff, only inquired how much it would" for them to defend his case. When no quotation had been given to hun he had not gone any further with the matter. “This case is costing met* 12s 9d to defend, and I have had to come all the way from Ashburtcn. n would have suited me better to hav paid the 10s 6d, but it is the principle of the thing. I had absolutely no advice except that I asked for a quotation of how much my case would cost to defend,” Nielsen said' Saying that Nielsen was evidently under a misapprehension as to now solicitors charged for their advice, the Magistrate gave judgment io‘ plaintiff for 10s 6d. Nielsen was also ordered to pay Court costs and witness’s expenses. JUDGMENT BY DEFAULT Judgment by default for __ was given in- each of the lollowini civil claims:—National Mortgage anQ Agency Company (N.Z.), Ltd., ”• H Blunt, £1 4s 2d; C. L. Rhodes, trading, as C, L. Rhodes Motors, V. Lloyd Randall. 10s 3d; Joseph Kearn. v. Bernard Rennell, £4 10s; T. Reid v. T. Quinn, £l3 10s sd; JoM Burns and Company, Ltd., v. «• *r Heath, £1 13s 6d: Sedley Wells, LW. v. C. Kay, £2; Turnbull and Jones Ltd., v. P. R. Carter, £1 ard Gordon James v. E. A. „ r £lO6 3s 4d; Todd Motors, Ltd., V, » L. Will, £1 2s sd; H. Robinson, trao ing as the Avon Loan Company, v. Black, £18;

JubGMENT SUMMONS Leo Mallouk was ordered to P 3 ? R. Hawker £2 10s 9d forthwith, J default three days’ imprisonnn*,