MAGISTRATE’S COURT

Press, Volume LXXXIV, Issue 25608, 24 September 1948, Page 3

MAGISTRATE’S COURT

THURSDAY (Before Mr Rex C. Abernethy, S.M.) REMANDED Josef Nalepa, aged 37, was remanded until September 30 on a charge of attempting to murder June Nalepa on September 14 at Christchurch. The remand was granted on the application of Detective-Sergeant G. W. Ally. Nalepa’s counsel (Mr E. S. Bowie) offered no objection. Leonard Brightling, aged 69 (Mr R. Twyncham), was remanded until September 30 on a charge of being intoxicated in charge of a motor-car in Stewart’s Gully road on September 22. Bail was allowed in the sum of £25. William Desmond Bovey, aged 27, a cook, of Auckland, was remanded to appear on September 30 on a charge of stealing a suitcase valued at £6, and a suit, valued at £2O, from the residence of James Clark, 70 Fendalton road, Christchurch. IMPRISONMENT “This is not a very good list,” said the Magistrate when ' sentencing Charles James Snow, a labourer, aged 29, to three months’ imprisonment on each of two charges of theft. Snow, who pleaded guilty, was charged with stealing a two-piece suit valued at £26. the property of Dennis Aspell, and with stealing a pair of grey slacks, a pullover, a silk scarf, and a brown hat, with a total value of £7 15s, the property of Edward John Patrick Murphy. Detective-Sergeant G. W. Alty said that accused had t>een drinking at the Eastern Hotel on Saturday. During the afternoon he left the bar and entered the room of the manager from which he took a suit. He removed his own clothes and put on the suit, and then entered another room from which he took the other clothes. Accused had been seen wearing the suit and pullover at a dance in the evening: The sentences are to be cumulative. ADMITTED TO PROBATION Edward William Simpson, a labourer, aged 43, was charged with stealing £l7, the property of Robert Cole. He was admitted to probation for 12 months and ordered to make restitution of £l3 ss. ‘I am taking a chance with you. It is the last time you can appear before me, and I think before any other Magistrate, without going to gaol.” said the Magistrate, when Myrtle Evelyn Lilley, aged 23. a domestic (Mr H. W. Hunter) appeared for sentence on a charge of stealing a leather handbag, a pearl brooch, a diamante clip, and a silver chain bracelet, of a total value of £l9, from Celia Mary Clarke, at Christchurch, between July 21 and August 25, 1948. “The Probation Officer’s report is not favourable to probation, and I am taking a risk,” added the Magistrate. Accused, who pleaded guilty, was admitted to probation for 18 months, a special condition being that she submit to treatment by a psychiatrist. CHARGE OF ASSAULT

Bryan Carter was fined £2 on a charge of assaulting Charles Marsh, proprietor of Dodgem Amusement Park. Mr •J. K. Moloney, who appeared for Carter, submitted that as no physical damage had been done, the assault was merely technical. . , . The Magistrate said- a bad complexion could be put on the assault, but he did not intend to do so. CIVIL CASES A claim for £25 general damages and £3 3s 6d special damages was made by William John Taylor, a taxi-driver (Mr R. A. Young), against A. G. Anderson (Mr B. J. Drake). , , Mr Young said that the plaintiff was on duty in Cathedral square on June 26 and had been approached by defendant to drive to St. Asaph street. The car was driven to defendant’s home, and the meter showed 3s. An argument later arose as to whether the fare had been paid. Defendant’s wife then said she had not seen the money paid. She offered the fare out of a window. Plaintiff took the money and was then savagely assaulted by the defendant. He fell into a culvert half full of water, where he was severely pummelled. His arm had been doubled under and his shoulder muscles twisted. Defendant had since been convicted on a charge of assault. It was not denied that there was an assault, but it was submitted that the general damages claimed were too high, said Mr Drake. There did seem to be some provocation for the assault. Defendant said in evidence that the fare had been paid when he first got out of the taxi. When his wife offered the money, plaintiff pushed him. and he “did nis block a bit.” , Defendant should pay something, but the general damages claimed were too high, said the Magistrate. He fixed general damages at £8 and the special damages, as claimed, were allowed. JUDGMENT BY DEFAULT (Before Mr Raymond Ferner, S.M.) Judgment was given for the plaintiffs by default in the following cases:—Arnbell Order Company v. A. W. Sirett, costs only; Adams Ltd., v. R. R. Lamb, £lOB ss; Papanui Timber Company, Ltd., v. George Reginald Goodwin, £3 2s Id: Joseph Robert England and David Irwin Wilson, trading as K. E. England and Son Cash Timber Company, v. J. Gaskin, £146 12s 4d; R. Ford and R. Spicer v. James Petterson, £9; Acme Wood and Metal Products, Ltd., v. Thomson Manufacturing Company, Ltd., £4 10s; Gordon and Gotch (Australasia). Ltd., v. F. K. Vail, £7 ss; Nada Valotta Dore v. William John David Nicoll, £1 10s 6d; Maling and Company, Ltd., v. A. Thomas, £1 19s.

ORDERS FOR POSSESSION Haines Motors, Ltd., v. Harriett Plimsoll, order for possession on or before February 1, 1949; Gordon Wilson Honey and Edith Phyllis Honey v. Albert William Day, order for possession on or before October 23; James Patrick Gilmore and Lilly Eunice Gilmore v. Robert Knox, order for possession on or before January 3, 1949.