MAGISTRATE’S COURT

Press, Volume LXXVII, Issue 23415, 23 August 1941, Page 11

MAGISTRATE’S COURT

FRIDAY (Before Mr E. C. Levvey, S.M.) , RESERVIST CHARGED

Charles Godfrey Parish, an accountant, pleaded not guilty to a_ charge that he failed within the stipulated period to enrol in the general military reserve. The Magistrate said that since the defendant had pleaded not guilty it would be necessary for the prosecution to prove that he had not registered, and it might even be necessary to have an official brought to the Court to produce further evidence that the registration of the defendant had not been recorded. The case could hardly proceed unless the defendant would admit it as a fact that the department had no record of his registration.

Mr C. V. Lester, for Parish, said that in the circumstances he could, not do this, and the Magistrate agreed to a request from the police for an adjournment. However, after consultation with his client, Mr Lester agreed to the admission for the prosecution of a letter sent by the Director of National Service to the defendant, stating that there was no record of his registration. The case then proceeded. Mr Lester said that correspondence had been passing between the Director of National Service and the defendant since January of this year. Constable C. Hickey said that on June 16 he. interviewed Parish, who made a statement in which he said the Director of National Service on April 23 sent him a letter containing an enrolment form for registration in the general military reserve. Parish said that he replied, saying that he had already enrolled and that he had received his military number on a card which he was now unable to find. The Director of National Service had replied saying that no record of defendant’s registration could be found, and unless another form was immediately returned the matter would be placed in the hands of the police. Later, however, the defendant had completed another enrolment form, but in this he made two mistakes with dates. Quite unaware of his error, he said that he was married in 1939 instead of 1940, and he filled in an incorrect date of his application for enrolment.

To Senior-Sergeant Bickerdike, Parish said that he was quite aware of his obligations, and he had no wish to avoid them in any way. He was quite certain that he had received a card with his number. The defendant said that the only way he could explain the mistakes in his dates was that he had been working with papers concerning the year 1939, and quite inadvertently he must have got mixed up.

Mr Lester asked the Magistrate, when considering the question of any penalty, to bear in mind that Parish was medically unfit.

The charge was dismissed on payment of costs. *

INFORMATION QUESTIONED

James Edward McDonald Rountree (Dr. A. L. Haslam) pleaded not guilty to a charge of permitting cattle to wander on a public road, and after the Magistrate had heard legal submissions from Dr. Haslam, the charge was dismissed.

Dr. Haslam questioned the word “permitting” in the information. That would surely mean, he said, that Rountree had with his full knowledge allowed the cattle to wander on ihe road. Actually, the cattle had escaped from a paddock • quite unknown to the defendant.

At this stage Senior-Sergeant Bickerdike called the constable who had laid the charge back into the witness box, and he gave further evidence, alleging that certain fences on Rountree’s property were not sound. Dr. Haslam objected to the recalling of the constable for further evidence, and he submitted that such evidence was inadmissible.

The Magistrate said that had the evidence of the constable been given in the first place it would have made a big difference, but it could not be accepted at that stage, and the charge would be dismissed. SEAMAN CHARGED

Folke Emmanuel J9hansgon, a Swedr ish seaman, was charged with absenting himself without leaVe from a vessel at Lyttelton. He pleaded guilty. He was sentenced to one month’s imprisonment and ordered to be placed on board the vessel before its departure. PROHIBITION ORDER For breach of a prohibition order, Leonard Austin was fined £2 and ordered to pay costs, in default four days’ imprisonment. • REMANDED

George Mason Elliot, a miner, aged 52, was charged that on or about August 20, he stole a travelling rug, valued at £l, the property of persons or person unknown. On the application of Detective-Sergeant J. McClung, the accused was remanded until August 28 to enable nim to be put under medical observation.

ALLOWED HORSE TO WANDER John Michail Gearschawski, for allowing a horse to wander on a public road, was fined 10s and ordered to pay costs. , CHIMNEY FIRES

Winston Jack Hill pleaded guilty to a charge of allowing a chimney to catch fire, and was ordered to pay costs ° n ifarry Rigby, charged with a similar offence, was fined 10s and ordered to pay costs. BOARDED MOVING TRAIN

Charles James Sheehan was ordered to pay costs only on a charge of trying to board the Lyttelton train while it was in motion.

TRAFFIC OFFENCES

No driver’s licence: David Robert Clarke, ssi(no warrant of fitness, 10s). Failing to give way to right: William Donovan, costs only. Cycling at night without . light; Stanley Raymond Knapp, costs only; Harry Wong, 10s. Riding bicycle across railway when line was not clear: James Wood, 10s. Failing to keep to left: Ena Wynne Williamson, 20s.