MAGISTRATE’S COURT

Press, Volume LXXVIII, Issue 23812, 4 December 1942, Page 7

MAGISTRATE’S COURT

THURSDAY (Before Mr w. c, Harley, S.M.) REMANDED

George Thomas Watts, a soldier, aged 29 (Mr A, c. Brassfngton), was remanded to appear on December JO on a charge of breaking and entering a house at 78 Hinau street, on November 28, and committing theft. Bail was allowed. William Albert Gaines, a salesman, aged 44 (Mr J. K. Moloney), was remanded to appear on December 4 on two charges— failure to apply for enrolment in the reserve, and that, being reasonably supposed to belong to class C of the reserve, he failed to answer questions by a constable. Bail was allowed. ASSAULT Alan James Kilcullen, a soldier, aged 20, was fined 10s and ordered to pay expenses (£1 13s 9d) on a charge of having assaulted Oswald Spencer on December 2, Senior-Sergeant J. Bickerdike said that the accused had had liquor and had lost his head. Going up to three boys l on the river bank, he had thrown one boy’s hat into the river, pushed him in when the boy tried to rescue it, and had later struck the boy. FALSE PRETENCE Harold John Carr, aged 35, was sentenced to 14 days’ imprisonment on a charge, to winch he had pleaded guilty on November 23, of obtaining £1 10s from Nancy Hastings Woodhouse by the false pretence that be required it to buy materials for a brick fence which he had contracted to build.' Scnlor-Detec-five H. Nuttall said that Carr had just appeared in the Supreme Court and been sentenced to two years’ imprisonment. He had a "formidable list.” CHARGE DISMISSED Holding that the sale of liquor to lodgers and the .securing of a written order were part of one transaction, the Magistrate dismissed a charge against Randolph Vivian Eustace Waldron, licensee of the Excelsior Hotel (Mr Moloney', that during closed hours on November 1 lie said liquor to lodgers without a wiiitcn order.

A sergeant gave evidence of visiting Ihe bar where there were three Air Force men and a soldier, three glasses, the contents of one partly consumed, being on the bar, and (he fourth man not at that stage having been served. A written order had not been made out, "I am satisfied that the whole matter is one transaction, as it should be, and that in this case there was no offence.” said the Magistrate. "I do not see that the regulations require a forma! written ordei in advance. That in my experience is not Hie practice in Government departments, and I see no reason whv it should be in hotels. I hold that the giving of drinks and the signing of an order Is one transaction, and in this case the giving of the drinks was not completed at the time the sergeant came in." TWO MEN CHARGED

Arnold Alexander Turnbull, aged 21, and Neville John Davidson Millar, aged 21, were charged with converting a motor-cycle valued at £lO, the property of Edgar Fairbrass, on November 27. Turnbull was also charged with stealing a bicycle valued at £B. the property of William Dawson Douglas, on October 7. Senior-Detective Nuttall said that both had been before the Court on previous occasions, and both were released on licence from a Borstal institution. Turnbull was also absent without leave from camp, and Millar had been discharged from a territorial camp as incorrigible, being continually absent without leave. Mr G. G. Lockwood said that medical reasons were suspected in Millar’s case. Before his offences started he had had an accident and had required an examination at the hospital for severe headaches. Millar was remanded for 14 days for observation. Turnbull was convicted and discharged on the charge of conversion, and was sentenced to two months' imprisonment with hard labour on the theft charge. MILK VENDOR FINED For selling milk with less than 31 per cent, fat, Percy Albert Caithness, a milk vendor (Mr A. C. Brassington), was fined £2 and ordered to pay costs. CASES ADJOURNED Asking that the prosecution should direct him to the section of the Sale of Foods and Drugs Act creating the offence, the Magistrate, “to enable the Court to be satisfied that an offence has been committed,” granted an adjournment of two cases in which Lilia Selina Dorward (Mr H. A. Young) and Francis Parker (Mr A. C. Perry) were charged with selling milk which was not fresh. Leave was granted in each case for withdrawal of the plea of guilty. CIVIL CLAIMS Judgment for plaintiff by default was given in the following civil claims:— Thompson and Derrcen, Ltd., v. Eileen Weir, £1 10s; F. White v, Robert Atwell, £l3 2s 6d (damage to vehicle being proved): Pioneer Amateur Sports Club v. W. N. Browm, £3. JUDGMENT SUMMONS A. Watson was ordered to pay Bowmans, Ltd., £l2 18s. in default 10 davs’ imprisonment, warrant to be suspended as long as 10s a week is paid. DEFENDED CLAIMS The Public Trustee, as executor of the will of Alexander Barnes Kiddey, of Christchurch, claimed from Nellie Douglas, a domestic, of Christchurch, possession of chattels, vaiued at £3l 9s, alleged to be the property of the plaintiff, or their value, with £5 damages. The defendant in this case, by separate action, claimed from the Public Trustee possession of a car said to be owned oy her, or alternatively £2O and damages of £5. , _ , Mr W S. Kent represented the Public Trustee, and Mr R. P. Thompson represented Douglas. Judgment for the return of a radio and gramophone, or alternatiyly £B, was given in favour of the Public Trustee on the first claim. Judgment was given in favour of Douglas on her claim, for the sum of £B.

ASSAULT ON TAXI-DRIVER

Two youths of 17 years 5 months and 16 years respectively, wards of the State, appeared before Mr W. C. Harley, S.M., in the Children’s Court yesterday afternoon on a charge of having assaulted Ernest Sydney English, taxi-driver, on November 30. They were ordered to return to the care of the State (to go to the Weraroa farm). Senior-Detective H. Nuttall said that the boys had hired a taxi and driven to an address at Cashmere. The elder boy had struck the driver on the head with a torch, and both boys had run away, the elder taking some blankets from his employer's place and the pair camping on the hills. The elder had been before the Court last year on a charge of attempted rape of a girl, and the younger boy on a charge of breaking and entering. A child welfare officer said that both boys had been in the State's care and had run away from service employment. The behaviour of the younger one had not been of a vicious type. The older boy was warned by the Magistrate that he would be liable to be sent to gaol if trouble continued.