MAGISTRATE’S COURT

Press, Volume LXXXVIII, Issue 26869, 23 October 1952, Page 6

MAGISTRATE’S COURT

WEDNESDAY (Before Mr F. F. Reid, S.M.) INTOXICATED MOTORIST William Godfrey Hutchison, aged 30, a labourer, pleaded not guilty to a charge that on October 14, while in a state of intoxication, he was in charge of a motorcar in Cambridge terrace. He was convicted and fined £l5. His driver’s licence was cancelled, and he was disqualified from obtaining another for 12 months.

Senior-Sergeant J. C. Fletcher prosecuted. Traffic Officer D. Beattie said he saw Hutchison walking unsteadily along Cambridge terrace. Hutchison got into a car and was moving off when witness stopped him. He said he had bad a few drinks. “I was satisfied he was intoxicated, so I arrested him and drove him $o the Central Police Station where he was examined by Dr. F. L. Scott,” witness said. Constable E. B. Wallace said he was on duty at the watchhouse when Hutchison was taken there. He appeared to be under the influence of liquor, but it was not a bad case of intoxication.

Hutchison said he drove to Lyttelton in the morning and had three drinks there. He returned to Christchurch, and in the afternoon he took his car to a garage. He had four drinks in the afternoon. He did not think he was intoxicated. He had spinal trouble which affected his walk, and this might mislead people if there ,was a smell of liquor on his breath. The Magistrate said the doctor found Hutchison to be under the influence of liquor, but he would take into account the fact that it was not a bad case. REMANDED Noel Marcus Hooper, aged 28, a boot operator (Mr H. W. Hunter), was remanded to October 29 on a charge of breaking and entering the premises of De Luxe Skating Rink, Ltd., on October 14. and committing theft. Ronald George Lippiatt, aged 32, a marine engineer, and Stanley Arnold Nicholson, aged 38, a slaughterman, were further remanded to October 29, on renewed bail, on a charge of obtaining £5 from Alfred Frederick Bassett on August 29 by falsely representing that a cheque for £3O was a good and valid one. HEARING ADJOURNED Noel William Blair, aged 45, a laundryman. pleaded not guilty to charges that, on September 20, he was found drunk in St. Asaph street, and that he was in possession of documents designed to be used in connexion with bookmaking. He was convicted and fined £1 on the first charge. When the police evidence on the second charge was heard, Blair said a solicitor had declined to act for him, and he wanted time to get another. The hearing was adjourned to October 29. A charge of carrying on the business of a bookmaker was also called, but Senior-Sergeant J. C. Fletcher, who prosecuted, Said he would offer no evidence on this charge, and it was withdrawn by leave of the Court. Constables J. J. Jenkins and G. A. Lithgow, giving evidence on the drunkenness charge, said they were called to Blair’s home and found eight or nine children on the street. They said they had been gut out by their father. When they askec Hair about this he - denied it. When they went outside, the children had gone and Blair became very abusive. They arrested him.

Elair, in evidence, said he was getting ready to go to the pictures when the constables walked into his kitchen. He went into the backyard with them and they hauled him into the street. He "did his scone” and one of the constables hit him on the chin. There was a struggle, and when he woke up he was in the cells.

Constable Jenkins, giving evidence on the second charge, said that when Blair was searched at the police station a notebook and a doubles chart were found in his possession. In the notebook were names and transactions on a double. Blair then asked for and was granted an adjournment. CONVICTED AND DISCHARGED Veronica Frances Corliss, a domestic (Mr J. G. Leggat), was convicted and discharged on a charge of casting offensive matter in Moorhouse avenue on October 21, and fined £1 on a charge of being found drunk. PLUMBER FINED Thomas James G. Richards, a plumber, pleaded guilty to a charge of doing sanitary plumbing without first notifying the Christchurch Drainage Board, and to a charge of doing sanitary plumbing when he was not the holder of a licence. , He was fined £1 on each charge. Mr E. C. Champion, for the Christchurch Drainage Board, said that when an inspection was made of five State houses it was found the work had been done without the board having been given the required 24 hours’ notice. It was then found that Richards had not renewed his annual licence. The work had been done quite satisfactorily. Richards had since renewed his licence. DECISION RESERVED

L. A. Woodward, Ltd., bakers (Mr C. ’S. Thomas), pleaded not guilty to failing to pay in full within the succeeding fortnight the wages of an employee. The Magistrate reserved his decision after hearing evidence for both parties. Mr S. J. Mann, for the Labour Department, said the action was for a penalty for an alleged breach of the Factories Act. On March 5, the inspector of factories examined the defendant company’s wages and time book and found that Stewart Arthur Emmett had not received his wages for three days’ work in November, 1951. The amount was £5 19s Id, and there would be a civil claim for this. Mr Thomas said the non-payment was on the basis of principle. The bugbear of employers today was the frequency with Which workers walked in and out of jobs. Emmett had asked to be put on as a baker’s labourer on Thursday nights only, but when this was done he did not turn up, and it was the busiest night of the -week. It was clear in common law that if a servant broke the terms of his hiring he could not claim his wages for the period he worked. Mr Mann said there was no forfeiture clause in this award, and if an employee walked off a job he must be paid in full. The only remedy an employer had was an action for damages. The Magistrate said that if there had been a breach he was satisfied it was only a technical one. He was with Mr Thomas on the common law aspect, but it might be. as Mr Mann said, that under the award the employer’s recourse would be an action for damages. He would take time to consider the matter. FINED FOR OVERCHARGING

Nu-Way Dry Cleaning, Ltd. (Mr J. E. Millar), was fined £5 on each of two charges of charging for service at a price not in conformity with the approval of the Price Tribunal. Mr W. K. L. Dougall, for the Director of Price Control, said that the defendant had overcharged one shilling for cleaning a sports coat and overcharged 9d for cleaning a pair of trousers. After a complaint had been received, an inspector checked the list of prices, and the two before the Court had been selected from several which were above the authorised charges. (Before Mr W. E. Olds, J.P., and Mr S. F. Marshall, J.P.) COMMITTED FOR SENTENCE Reginald James Cooper, aged 42, a baker (Mr H. W. Hunter) was committed to the Supreme Court for sentence after pleading guilty to five charges of indecently assaulting girls. Detective-Sergeant G. W. Alty prosecuted.