MAGISTRATE’S COURT

Press, Volume LXXXII, Issue 24869, 8 May 1946, Page 3

MAGISTRATE’S COURT

TUESDAY (Before Mr H. P. Lawry, S.M.) REMANDED A man, whose name was ordered to be suppressed in the meantime, was remanded to May 14 on a charge of theft. Bail was fixed at £5O. lan Joseph Bate, a labourer, aged 23, was remanded tq May 13 on a charge of incecent assault on a female. Bail was fixed at £2OO. with one surety of £2OO. or two each of £lOO. SEAMAN IMPRISONED Sydney Chiplin, a seaman, aged 20, pleaded guilty to a charge of being absent without leave and without sufficient excuse from the Fort Sakisdac. Sergeant B. Wootton, for the police, said that the captain of the ship was anxious that accused be placed on board before the snip cleared New Zealand on May 22. Quite a number of men had been absent without leave,- and they were not wanted In this country. Chiplin fvas sentenced to 14 days’ imprisonment, and an order was made that he be returned to the ship before it left New Zealand. IMPRISONMENT FOR THEFT Neil Oliver Moore, a dry cleaner, of Sumner, pleaded guilty to the theft, at Wellington on February 28, of a suitcase and contents, of a total value of £25, the property of Robert Ellery Benefield. Detective-Sergeant F. J. Brady said that complainant had booked in at a Wellington hotel, and had left the case in a passage by tffe office. That afternoon aceused had left on the Auckland train, and complainant’s case was missed. Accused left the train at Palmerston North, where, he had said, he had discovered complainant’s case with his own luggage. Later he had learned from his parents that the police were inquiring about the case, and accused had then burnt it. with its contents. He had come to Christchurch and later had admitted the theft He had been in trouble before.

A term of six months’ imprisonment was imposed.

THEFT OF CLOTHING Patrick Callaghan, a seaman and labourer, aged 27, was charged with the theft, at Longburn, of clothing valued at £9 7s 6d. the property of Thomas Dennis Brew. '

Sergeant Wootton said that complainant was employed 'at the Longburn freezing works, and was> living in barracks there He left some clothing in a room he shared with accused and four other men when he went holiday. On his return it was missing. Accused stated that complainant owed him £3, and it had been arranged that the suit would become his if he paid complainant £2, and cancelled the debt. He had left the works at the same time -as complainant, and had not returned. Accused was sentenced to one month’s imprisonment.

ASSAULT CHARGES Basil Joseph Foley, a labourer, aged 21, was charged with assaulting Albert Herbert Myers; and Raymond James Hellyer, a labourer, aged 21, was charged with assaulting David Edmonds. Hellyer was further charged with failing to comply with the conditions of a prohibition Arder. Sergeant Wootton said that the'charges arose from a fracas, at 5.50 p.m., on the previous day, at an hotel. ' Albert Herbert Myers, a war pensioner, said that he had gone to the hotel to meet a man. When walking along a passage he had seen some glasses knocked off a tray carried by a porter. He had asked what it was about, and Foley had hit him on the nose, and knocked him dizzy. He was then hit two or three more times. He had not spoken to accused before the incident.

David Edmonds, licensee ..of the hotel, said he had been attracted to the lounge by the fall of glasses. Three men and a woman were there, two of the men being the two accused. He ordered them out, and Hellyer hit him ,on the jaw, then hit him again. The three men left the hotel and ran down the street, pursued by a constable.

“These young men have gained the reputation of going round the town looking for trouble,” Sergeant Wootton said. "They have been a proper nuisance.” In sentencing Foley to six weeks’ imprisonment, the Magistrate said that he had already been fined for fighting and for assault, and imprisoned for assault. Hellyer was sentenced to one month’s imprisonment on the charge of assault, and fined £3 for failing to comply with the terms of the prohibition order. TRAFFIC CASES Offenders against the traffic regulations were dealt with as follows. In cases' brought by the traffic department of the Christchurch City Council Cycling at night without light, Wilfred Charles Anderson, 20s; James Matthew Baggstrom, 20s; Ray mend Boswell, 20s; Eric Braggins, costs only (no hands on bar, costs only); Reginald Bremmer, 20s; Edgar George Brooker, 20s; Robert Maldon Collins, 20s; Catherine Cosgriff, 10s; Leonard Crothall, 20s; Ivy Crozier, 10s; George Patrick Donohoe, 20s; Neel Easter, 20s; Leonard Garrett, 20s; Leslie Brian Guinn, 20s; John Hadfield, 20s; John Haines, 10s; Lindsay Hanna, 20s; John Hargreaves, 20s; Claydon Hart, 20s; Eric Charles Hind, 10s; Ronald Walter Hind, 10s: Edward Hooper, 20s; Alex. Genet, 20s; Allen B. Kennedy, 20s; Joseph Kiddey, 20s; George Lake. 20s - Allan Marks, 20s; John Mazey, 20s; Frederick John McClure, 20s; John McClure, 20s- Frazer Mclntosh, 20s; Percy Oberg, 20s; Albert Gordon Peebles, 20s; Merl Rhodes, 20s; John Niven Richards, 10s; Trevor Shine, 20s (giving false name and address 20s); Bruce Sinclair, 20s; William Sommer, 30s; William Warren, 20s; Keith Williams, 20s; William Yates, 20s (giving false name and address, 30s). -No warrant of fitness: Alexander O. Ashby, ss; Arthur Vivian Barrett, 10s; Albert J. Cross, ss.P hn ~ F - A - Fox - 10s : Nigel W. Glasgow’, 10s; Ormond Hill, 20s; Raymond L. Hopping 10s (no silencer, 20s); Raymond Hunt, ss; Cyril Edward Newton, 10s; John Strachan, 10s; Ivan Douglas Ward, 20sEric John Woodbury, 10s. rY l ?2.jJ riv n e n r,s , licence: Herbert Kelley Griffiths, 20s (exceeding 30 miles an hour. 20s); George Charles Mather, 20s; Edward Joseph Pellowe, 20s. Overloading heavy traffic vehicle: R. S. Andrews, 20s. No heavy traffic licence: Makem Bhana, £2Charles Edward Sanders, 20s. Overtaking at pedestrian crossing: Ernest George Collett, Ids. Exceeding speed limit: Dennis L. Day, £2; Robert Kinley. £2; George Andrew Patterson, £2. Parking in prohibited area: Urana Lucy Hall, 10s; Francis S. Rush, 10s. Proceeding against traffic signal: Reginald A. Hepburn, 20s Cycling without hands on handlebars: John Inkster, 10s. Driving without due care and attention: David Eric Johnson, £2 (not removing piercing substance from road, £2). Carrying pillion passenger without licence: Graheme Bruce McPherson, 10s (no "L” plates, 10s; no foot rest, 10s). Cyclist being towed: David Neale, 20s. No light on motorcycle: John Fairmaid O’Rourke, 20s (driving vehicle not specified on licence, 20s). Driving at dangerous speed: Peter Stanford, £3. Failing to keep to left: Henry Ernest Blake Watson, ss. Carrying two pillion riders: Hunter Baughan Wiseley, 10s. No learner’s plates: George Edward Wormaid, 20s.

CIVIL COURT (Before Mr Raymond Ferner, S.M.) Judgment for plaintiff by default was given in the following civil cases:—D. Brewer v. S. Grainger, £7 14s 6d; Hay’s, Ltd., v. A. G. Rennie, £9 8s 3d; L. J. Loader, trading as Western Timber Company, v. M. C. Kearns, £36 10s 3d; L. Rennie v. T. L. Mullard, £5 12s 6d; T. Champion and Company, Ltd., v. C. M. Williams, ss; Cleary and Belmer v. G. Brunton, £1 0s 4d; same v. A. Dolehguy. £l. On a judgment summons, C. L. Malcolm was ordered to pay G. Wadsworth £3 7s 6d forthwith, in default four days* imprisonment. DAMAGES AWARDED The Magistrate awarded special damages totalling £23 2s 4d, and general damages of £3O, to Mary Irena Beer (Mr A. H. Cavell) against Thomas Francis Keith Whittle. In evidence the plaintiff said that while she was cycling she was involved in a dbllision with a motor-lorry driven • by the defendant. She received injuries to her head and was treated for five weeks. She had suffered loss of wages and her bicycle had been badly damaged. Dr. Allan Douglas Anderson gave evidence concerning the injuries suffered by the plaiptiff, and said it was unlikely that there would be any permanent disability. ORDER FOR POSSESSION SOUGHT "Before making an order for possession I have to consider whether, even if a precise complaint has been established, there would be undue hardship to the defendant if an order was made,” said the Magistrate when Irene M. Hill (Mr W. F. Tracy) sought an order for possession against Victor George West (Mr R. A. Young).

The plaintiff contended that the defendant, who was a restaurant owner, had, by his conduct, caused a nuisance and annoyance, and gave evidence that he had left fats, potatoes, and other foodstuffs in a yard and that rats had been attracted.

In evidence West said the yard had been in a bad condition when he took over the premises, but he had endeavoured to clear it. Trouble between himself and Mrs Hill had arisen when Mrs Hill had moved into a room of his flat while he and his wife were on holiday. He had endeavoured to find new livingquarters but had been unsuccessful. "The defendant had the use of the yard, but not the exclusive use,* as the plaintiff also had use of it,” said the Magistrate. “1 think that some nuisance was occasioned by him and that the storage of foodstuffs may well have attracted vermin and rats, but whether that was ‘conduct’ is open to argument He has now cleaned the yard. It has not been shown that the plaintiff’s hardship is .greater than would be the defendant’s hardship if an order was made, and I will not make an order.”