MAGISTRATE’S COURT

Press, Volume LXXXII, Issue 25021, 1 November 1946, Page 3

MAGISTRATE’S COURT

THURSDAY (Before Mr F. F. Reid, S.M.) ESCAPED FROM PRISON Patrick Wilfred Hardy, alias Patrick Anthony Hardy, a waiter, aged 18, pleaded guilty to a charge of being deemed to be an incorrigible rogue, in that he escaped from Paparua prison on October 23 before the expiration of the term of imprisonment for which he was committed The accused also pleaded guilty to oilier charges of stealing a woman’s bicycle at Springston, the property of Oswald Rodgers Chamberlain, and valued at £5; stealing a motor driver’s licence and warrant of fitness, of a total value of 7s 6d, the property of Thomas Robert Elf ord; stealing a man’s bicycle at Burnham, the property of John Smith, valued at £5; and attempting to convert to his own use, at Burnham, a motor-car valued at £375, the property of Olliver Vincent Burke. Sub-Inspector G. J. Paine said that on October 23, while the accused was servoing a sentence of four years’ reformative detention at Paparua, he escaped, went to Springston, took a bicycle and rode it towards Ellesmere. There he stole a motor driver’s licence and warrant of fitness from a garage, and made to Burnham. He exchanged the woman’s bicycle for a man’s bicycle. He tried to convert a taxi at Burnham, but was disturbed while starting the engine, and was arrested. The accused said his offences were not premeditated. He went away on the spur of the moment, and was now sorry that he did so. On the first charge Hardy was sentenced to an extension of reformative detention for a further 12 months; *an< on ,the other charges he was convicted and discharged. REMANDED On a charge of being intoxicated while in charge of a motor-car in Fitzgerald avenue on October 31, Clarence Lyndon Piatara Christie, a printer, aged 41, was remanded to November 14. Bail was fixed at £2O on his own recognisance. Mr J. K. Moloney, . who represented Christie, said the case was extraordinary in that the accused, who suffered from diabetes, was standing beside his car in the early hours of the morning after he had been knocked to the roadway in a collision with a mo-tor-cycle. He was suffering from concussion and shock. Mr Moloney asked for a remand for medical attention.

Noel Henry Owens, alias Davies, alias Standing, alias Galbraith, a hotel porter, aged 26, was charged with obtaining, with intent to defraud, at Christchurch on October 8, a dressing-gown, valued at £4 15s 6d, and the sum of £3 14s in money, from Hay’s, Ltd., by falsely representing tftat a cheque drawn on the National Bank of New .Zealand, Ltd., Wanganui, for £8 10s, dated October 4, 1946, and signed Owen W. Evans and P. E. Martin, was a good and valid order for that amount. The accused was remanded until November 7. Bail was granted in his own recognisance of £5O and two sureties of £5O. CHIMNEY FIRE On a charge of allowing her chimney to catch fire, Eileen Hanna was fined 10s. REMOVAL OF LIQUOR Noel Alfred McGerty, who was charged with removing liquor from licensed premises after hours, was fined £2. TWO MEN FINED For casting offensive matter in a public place, George Penson and Dave Rey were each fined 10s. As there was doubt about the spelling of Rey’s name, the Magistrate instructed that the alternative spelling of Rea should be added to the charge. CHARGES OF THEFT Nancy Eliza May Carter, a married woman, aged £2, was charged with stealing on October 7 and on dates between October 7 and October 14, two pairs of women’s shoes, one pair of gloves and one pair of panties, valued at £6 4s 2d, the property of Rosina Evaline Read. The accused was convicted and ordered to appear for sentence if called upon within 18 months, on condition that she make restitution of the sum of £6 4s 2d. Minnie Katherine Mary Wilson, a domestic, aged 31, was charged with stealing £5 18s from Frank .Flint. She was convicted and ordered to come up for sentence if called upon within 18 months, and an order for restitution of the sum of £5 18s was made. A condition that her associates and place of residence be approved by the Probation Officer was also imposed. DRUNKENNESS On a charge of drunkenness, Leslie Louis Stalker, a labourer, aged 46, was fined £2. Charles John Hunter, a labourer, aged 64, was also charged with drunkenness, and was fined £5. LIQUOR NEAR DANCE HALL For having liquor in his possession near a dance hall, Alfred William Sirett was convicted and ordered to pay costs. Police evidence showed that Sirett had been found with a bottle of medicated wine, of a well known brand, near a dance hall. The Government’s Analyst’s report showed that it contained 26.1 per cent, of alcohol. The Licensing Act included medicated wines containing more than 10 per cent, spirit.

ivir v. t*. j. Amoaeo, who represented the accused, said the circumstances were admitted, as well as the analyst’s report. He submitted that the accused had been taking the wine as a tonic, and for that reason the offence was not one of being in possession of intoxicating liquor. The Magistrate said it was clear that this liquor came within the scope of the Licensing Act. (Before Mr Raymond Ferner, S.M.) REMANDED Herbert Henry Wilson, aged 28, was charged that on September 14, with intent to defraud, he obtained £29 10s from Charles James Montgomery, by falsely representing that a motor-cycle was his property and unencumbered Wilsori was remanded to to-day, bail being allowed on his own recognisance of £5O and one surety of £5O. CIVIL CASES (Before Mr Raymond Ferner, S.M.) A claim for £5O damages “for trespass and removal” was made by Teresa Cecelia Lynch (Mr S. R. Dacre) against Robert John Leach and Evelyn Rebecca Leadh (Mr R. C. Saunders). Mrs Lynch said she was tenant of three rooms owned by the defendants at 58 Stewart street. She claimed to have exclusive use of certain accommodation, including a kitchen, to which other tenants were allowed access only to draw water. While she was in Wellington, Mrs Leach changed the electric stove in the kitchen for a gas stove. Mrs Leach said that the- kitchen facilities were available to all the tenants, though Mr* Lynch was the chief user.

There had been trouble with the electric stove and with Mrs Lynch’s knowledge she proposed changing it for a gas stove, which she considered more satisfactory. The gas company made the change when equipment was available. The Magistrate said he was not prepared to hold that Mrs Lynch had exclusive. use of the kitchen. The case would be adjourned to allow counsel to search for authorities on whether entry to effect replacements could be termed repairs under the Fair Rents Act.

! JUDGMENT FOR PLAINTIFFS Judgment tor the* plaintiffs by default was given in the following civil cases:— Heathcote County Council v. Frederick William George Clement. £6 18s Id; Hurst and Drake, Ltd., v. H. McAllister, £ll 4s lid; Leslie G. Amos, Ltd., v. Dudley R. Wright, £6 ‘B&6d: Andrew Lees, Ltd., v. N. CarringtonJ. £7 12s 7d. JUDGMENT SUMMONSES On judgment summonses, W. Carrington was ordered: to pay A. W. Sparrow £ll Ils, in defaulj 12 days’ imprisonment, the warrant to be suspended for three days; D. Marriott was ordered to pay the Irish Linen Spinning and Weaving Co., Ltd., £1 14s, in default two days’ imprisonment, the warrant to be suspended so long as £1 a month is paid; E. A. McGeorge was ordered to pay W. A. Erasmuson £1 18s, in default two days’ imprisonment; E. Wilson was ordered to pay Bradleigh Crowhurst £7 0s 9d, in default eight days’ imprisonment, the warrant to be suspended so long as 10s a week is paid.