MAGISTRATE’S COURT

Press, Volume LXXXIII, Issue 25365, 12 December 1947, Page 5

MAGISTRATE’S COURT

4 THURSDAY (Before Mr F. F. Reid, S.M.) REMANDED Alfred Lawford Lake, aged 37, a truckdriver, was remanded to appear on December 15 on charges of stealing, on November 19, a quantity of material valued at £4O, the property of J. Ballantyne and Company, Ltd., and on the same day with receiving from some person or persons unknown, suitings and material valued at £4O, the property of the same firm, knowing it to have been dishonestly obtained. Bail was renewed at £5O in self, with one surety of £5O. Leslie George Smith, aged 35, a bulldozer driver, was remanded to appear on December 15 on two charges of stealing, on or about November 20, quantities of material valued at £B9, the property of J. Ballantyne and Company, Ltd. Bail was renewed at £5O in self with one surety of £5O.

On a charge of stealing at Lyttelton on December 2, 500 cigarettes valued at £1 17s 6d, the property of the Shaw Savill and Albion Company, Ltd., William Henry Smith, aged 25, a seaman, was remanded to appear to-day. CONVERSION OF CAR "It would be putting the Courts in the Eosition of condoning these offences if the lame can be placed on the consumption of liquor,” said the Magistrate, in sentencing Ernest Williamson, aged 25, a plasterer, to six weeks’ imprisonment with hard labour on a charge of unlawfully converting a car valued at £3OO, the property of Colin Campbell. “The sentence is half what would have been awarded, but for the fact that you have a wife and two children.” said the Magistrate.

Campbell in evidence said he parked the car in Hereford street about 10.15 p.m. on December 5, and about five minutes later it was missing. To Mr J. K. Moloney, who appeared for Williamson, he said he knew nothing which would connect the accused with the theft.

Constable N. Rouse said he noticed the car at the corner of Cashel and Colombo streets about 2.35 a.m. on December 6. After notifying the central station he followed the car on foot, later seeing it parked outside the Y.M.C.A. building. He saw Williamson outside the car putting a coat on, and recognised him as the man who had been driving it a short time previously. He accused Williamson of converting the car, to which Williamson had replied that he could not drive. He made some remark that he had been with a friend at Addington, but when this story was checked it had been found to be false. Williamson later made a statement admitting the offence. DRIVING LICENCE CANCELLED Norman Johnston Smith (Mr G. P. Purnell), aged 41. a bottler, pleaded guilty to a charge of being intoxicated while in charge of a car in a public place on December 11. Smith had been examined by a doctor at 2 a.m. yesterday and had been certified as intoxicated, said Sub-Inspector Crowley. For the accused, Mr Purnell submitted that Smith had been working late, having too much wine before he left for home. On the way he thought he would call in at a dairy, from where he had telephoned the police. Smith was fined £lO, his driving licence was cancelled, and he was prohibited from obtaining another for 12 months. DRUNKENNESS Percy Edmonds, «ged 67. a labourer, who pleaded guilty to a charge of drunkenness, having been once previously convicted for a similar offence within the last six months, was convicted and discharged. The Magistrate warned Edmonds to return to work in. the country within the next 24 hours, otherwise he would be dealt with on a charge for which he had received a suspended sentence. John Davidson, aged 60. a labourer, was convicted and discharged on a charge of being found drunk in a public place, having twice been convicted for similar offences within the last six months. Davidson said he was prepared to leave the city within two hours to take up work in the country. SUSPENDED SENTENCE John Henry William Morgan, aged 18, a machinist, who appeared for sentence on a charge of stealing a man’s bicycle valued at £26, the property of William Ross Wells, was ordered to appear for sentence within 18 months if called on. The Magistrate warned Morgan that if he appeared before the Court within the next 18 months he would be dealt with on the charge for which he had received a suspended sentence. IMPRISONMENT FOR THEFT Pleading guilty to seven charges involving the theft of .four bicycles of a total value of £5O, and three involving the theft of clothing and other goods valued at £45 16s, Claude Cyril MacGregor was sentenced to three months’ imprisonment with hard labour on four charges and convicted and discharged on the others. The Magistrate ordered that the terms be cumulative.

Sub-Inspector Crowley said accused had been found trying to dispose of a bicycle -to a second-hand dealer in Christchurch, and subsequent investigations showed that he had stolen bicycles and other goods and had sold them in other parts of New Zealand. All goods had been recovered, he said. CONVICTED AND DISCHARGED William John Daniel Doyle, a labourer, aged 36, for whom Mr J. K. Moloney appeared, was convicted and discharged on charges of procuring liquor during the currency of a prohibition order, of being found drunk in a public place, and of being deemed an idle and disorderly person in that he had insufficient lawful means of support. The offences were committed at Lyttelton on September 9. and the charges were adjourned for three months. Sub-Inspector Crowley said Doyle’s behaviour in the last three months had been good. IDLE AND DISORDERLY On a charge of being deemed an idle and disorderly person in that she had insufficient lawful means of support, Doris Elizabeth Potter, aged 41, a domestic, was sentenced to three months’ imprisonment. CIVIL CASES THURSDAY (Before Mr Raymond Ferner, S.M.) DAMAGES AWARDED "I am satisfied that an assault was committed,” said the Magistrate in awarding £2 10s damages to George Edward Seeley, of 20 Templar street (Mr A. C. Brassington), who claimed £5 damages for trespass, and £2O damages for assault and battery from Thomas Bain (Mr J. K. Moloney), who was alleged to have assaulted him on October 16. PLAINTIFF’S CLAIM FAILS

Judgment for the defendant was given in a case in which Leslie G. Amos, Ltd. (Mr J. A. Johnston) claimed £43 16s lOd for damage to stock and fittings, and £lO general damages, from Arthur Campbell (Mr R. J. Loughnan). proprietor of the Olympia Billiards Parlour, for permitting the escape of water into-the premises occupied by the plaintiff from a water closet in the defendant’s premises on April 14.

“I do not think that negligence has been proved by the plaintiff on the part of the defendant,” said the Magistrate “The plaintiff labelled the water closet

as dangerous, and not to be used, and I do not think we can exclude the possibility of some other person having had a hand in this mishap.” In evidence both the plaintiff and the defendant said that on the day the mishap occurred the billiards room occupied by the defendant was flooded with water to iT depth of several inches.

POSSESSION ORDER REFUSED “There are no grounds on which I can make an order for possession. The consensus among all the other tenants and neighbours is that the Laings are good neighbours,” said the Magistrate, when he refused to grant an order for possession brought against H. Laing by P. Z. McGrath for a tenement at 215 Moorhouse avenue.

JUDGMENTS BY DEFAULT Judgment for the plaintiffs by default was given in the following claims:— Christchurch Car Exchange, Ltd., v. John Scalmer, £135; J. P. McKendry v. P. Kelloc, £1 16s 6d; India Services, Ltd., v. H. Munro. £lO 6s; Turnbull and Jones. Ltd., v. D. S.- Thompson. £4 4s\ Ballins’ Breweries (New Zealand). Ltd-, v. F. A. Stempa. £5; Downings. Ltd., v. H. J. Codyre, 19s 8d; the Trade Auxiliary Company of N.Z., Ltd., v. Jack Williams, £1 14s 3d; same v. R. B. Newby, £9 18s lid; same v. A. W. Moros, £9 18s lOd; same v G. H. Rowe. £5 2s 3d; ; same v. W. J. Gifford. £5 3s 3d: same v. G. Gillum. £2 4s 3d; Barry and Stouppe, Ltd., v. Henry Isaacs, £1 4s.

JUDGMENT SUMMONS On a judgment summons S. Anderson was ordered to pay Adams, Ltd., the sum of £6 7s 9d forthwith, In default seven days’ imprisonment. Frank J. Smith was ordered to pay Rewi Clarkson Idiens the sum of £l5 14s forthwith, in default 16 days’ imprisonment, the warrant to be suspended as long as defendant pays £1 a week, the first payment to be made on December 18.