MAGISTRATE’S COURT

Press, Volume LXXXV, Issue 25738, 25 February 1949, Page 10

MAGISTRATE’S COURT

THURSDAY (Before Mr Raymond Ferner, S.M.) COMMON ASSAULT "I am quite satisfied that the major charge was rightly withdrawn; but I am quite satisfied that the charge of common , assault has been proved,” said the Magis - ■ trate when William Oreste Bergamini, - a labourer, aged 58 (Mr R. A. Young), pleaded not guilty to a charge of assaulting 1 a girl. A charge of indecent assault on a I female was withdrawn. The complainant said in evidence that! she had attended a theatre on a Saturday , afternoon. The defendant had come and I sat next to her and put his hand on her leg. Interference with children at theatres and in other circumstances was looked on seriously, said the Magistrate. On the other hand the accused had not been, before the Court before and had I had liquor at the time. He had already spent a week in gaol and would be convicted and discharged. FINED FOR ASSAULT Charged with assaulting Albert Wood, a taxi-driver, on January 15, Arthur James Jamieson, a chain slaughterman (Mr J. K. Molqney), was fined £5. The complainant said in evidence that I he had taken accused to Stewart’s Gully. “He asked me whether I could change a £5 note and when I went to get out my wallet he struggled with me. I blasted the horn and he ran away,” said Wood. The accused sard he told the driver he had no money and would pay him later. The driver had attempted to take him back to the police station, and he had jumped from the taxi and run away. The Magistrate said he believed the accused's story, but it was evident an assault had occurred. The accused was hopelessly in the wrong. BORSTAL TERM ORDERED Elizabeth Mary McEwan, a domestic, aged ■ 18, who pleaded guilty to a charge of being idle and disorderly in that she had insufficient lawful means of support, was ordered to be placed in a Borstal institution for 12 months. REMANDED Charged with stealing £ll from the cash register of the Regent Cafe, the property of Ernest Blain Campbell and Colin Grav Cook, and with obtaining a meal valued at 3s 3d and wilfully failing to pay for it. David Roy Green, a shearer, aged 26, was remanded until March 3. Charged with the theft of a gold wristlet watch valued at £lO. the property of Joan Theresa Kotlowski. and with making a false statement to the police, Hector James Francis Whall, aged 48 (Mr R. A. Young) was remanded for a report by the Probation Officer. Detective-Sergeant G. W. Alty said that the accused had been engaged as a cook at Beverley House, Akaroa. He had denied taking the watch, but it was later .found in his pocket. He had been sharing a room with another man, who had lost an oil fuel licence. Whall thought he would be blamed and made a statement to the police stating that his money had been stolen from his room. "It appears that both offences were due to over-indulgence in liquor,” he said. CHARGE OF THEFT Pleading guilty to a charge of stealing £l. the property of Victor Laurence Smith, Norman Phillip Ebbutt, an air trainee, aged 20, was fined £5. The Magistrate said that if accused appeared before the Court again on a charge involving dishonesty he would be given a gaol sentence. POSSESSION OF FIREARMS Charged with delivering a firearm without a permit, Charles Frederick Allen was fined 10s. Charles William Baillie was fined 10s for procuring possession of a firearm without a permit, and Rowland Dasler was fined 10s for delivering a firearm without a permit. ON LICENSED PREMISES On a charge of being found on the licensed premises of the Marine Hotel, Sumner, after hours. Morrison Bowman v/ris finecj 20s. William John Henry Hanna, Donald Raymond McLennan, and Michael Joseph Sheehan were each fined 20s for being found on the licensed premises of the Eastern Hotel after hours. LIGHTING FIRE WITHOUT PERMIT Herbert Hood was ordered to pay costs on a charge of lighting a fire in the open without a permit. CONVICTED AND DISCHARGED On a charge of using threatening words in a public place. Melville Addeinell Barr, a driver, aged 40 (Mr D. W. Russell), was convicted and discharged. BUTTER RATIONING BREACH Thomas Oliver Johnson and Thomas Oliver Alfred Johnson, trading as T. O. Johnson and Son (Mr T. K. Papprill), were each fined £5 for failing to account for 1011 b of butter sold in their CIVIL CASES (Before Mr F. F. Reid, S.M.) DECISION RESERVED Claiming to be the registered proprietor of the property, Laurence Henry Evans (Mr C. V. Lester), as mortgagee in possession sought occupancy from Louis Wallis Payne (Mr J. T. Watts) of a house at 51 Mersey street rented by the defendant at 50s a week. The plaintiff offered a house at New Brighton as alternative accommodation for 35s a week, but the defendant considered it inadequate for his needs. For Payne, Mr Watts said that the mortgage had not been registered at the time when the notice to quit had been given, and the plaintiff was not then the landlord within the meaning of the Tenancy Act. He asked that the plaintiff be non-suited. Decision was reserved JUDGMENT BY DEFAULT Judgment for £1 10s by default was given for the New Zealand Engineering Coachbuilding, Aircraft and Related Trades Industrial Union of Workers in its claim against Frank J. Jenner.