MAGISTRATE’S COURT

Press, Volume LXXXIX, Issue 27047, 23 May 1953, Page 10

MAGISTRATE’S COURT

/ FRIDAY (Before Mr Rex C. Abernethy, S.M.) IMPRISONMENT FOR THEFT Donald John Mac Neil, aged 36, * painter, and Thomas Joseph Ward Hogan, aged 45, a painter, who had pleaded guilty to three charges of theft and one of attempted theft, appeared for sentence. When asked if he had anything to say Hogan said he attributed his lapses to the taking of too much drink. “If it had . not been “for drink they would not have : happened," he said. “The same applies to me, your Honour,” - said Mac Neil. The Magistrate said that the accused were becoming a menace to decent people. Hogan was sentenced to three months' Imprisonment on each charge, the fourth , to be cumulative on the other three, making a total of six months. Mac Neil was sentenced to three months' imprisonment bn each charge, 4he penalties to be concurrent

REMANDED On a charge of stealing £lO, the property of Stanley William Lockhart, on May 14, Patricia Adams, aged 24, a waitress (Mr J. G. Leggat), was remanded for one week for a report from the Probation Officer. Bail was renewed in the sum of £5O and one surety of £2O. ESCAPE FROM CUSTODY William Herbert Francis Kirkham, aged 26, a showman, pleaded guilty when charged with being an incorrigible rogue in that he escaped from legal confinement at Paparua on May 19. He also pleaded guilty when charged with converting to his own use a motor-car valued at £lB5, the property of John Hall, and with stealing an overcoat, mat, and rugs, the property of Hall. Accused was remanded until Monday for sentence. Detective-Sergeant C. G. Urquhart said accused had been sentenced at Hamilton on August 1 last year to five years' imprisonment with hard labour on charges of breaking and entering. He had been transferred to Paparua prison, where he had been employed as a cook. On May 19 accused was reported missing when he had apparently made his escape after climbing on to the roof of the kitchen. Kirkham had been found in a plantation near the Shirley golf links on Thursday. He had offered no resistance when apprehended fiy the police.

CHANGE OF PLEA Mr W. F. Brown, for Maureen Joy Melhalskie, aged 19, a waitress, asked permission for the accused to change her plea to not guilty. Melhalskie had been remanded after pleading guilty on the previous day to a charge of being idle and disorderly in that she had insufficient lawful visible means of support. Mr Brown said when first charged, accused had not been represented by counsel. She could not have been convicted if all information had been available. She had been in regular employment as a housemaid and had a return railway ticket in her possession when arrested at X^The ltOl appUcation was granted and accused was remanded to appear next Thursday. BREACH OF SECOND-HAND DEALERS’ ACT ~ The Butler Cycle and Motor Company, Ltd. (Mr J. G. Leggat) pleaded guiftyto nine charges of breaches of the Secondhind Dealers’ Act in failure to record particulars of bicycles purchased. Senior-Sergeant C. A. G. Mdßae said police officers had inspected the firms books and had found irregularities. One bicycle purchased had not been kept for one month as provided by the act, and particulars of others taken in part payment had not been recorded. The firm did an extensive business, but there was nothing suggesting that the P”^ snt charges were any part of a system. Th e J e appeared nothing sinister in the dealings. The Magistrate said the act was designed for a check on the wrongful disposal of bicycles. The present charges would act as a general warning. The company was fined £2 on each charge.

ADMITTED TO PROBATION Richard Charles Carey, aged 27, a pantryman, who had deserted from the Rangitikl on June 24, 1951. was admitted to probation for a period of two years with a proviso that he should be placed on the first available ship. )

TRAFFIC OFFENCES In cases brought by the police, the foblowing penalties were imposed on offenders against the traffic regulations:— Driving without due care: Derek Anderson Ballantyne, £2; William Desmond Cook, £4 (no warrant of fitness, 10s); Colin Crow, £3 (no driver’s licence. £1): Graeme Edmund Moir, £2; John Anglezark Richardson. 30s; Maxwell Francis Wallis, £2; John Cornish Newton. £1 (no warrant of fitness, 10s); Thomas Basil Nicholson, £2. , , . , Failing to give way to the right: William Douglas Scott, £2; John Boersma. £2; Kenneth George Finlayson. £2 (no warrant of fitness. 10s). No warrant of fitness: Francis P. O’Brien. 10s; John Archibald Shearer, 10s; Robert James Tate, 10s; Robert William Williamson, .costs only; Keith Edward Timms. 15s; David Musgrave, 10s. No driver’s licence for a power-cycle: Ivan Painter. 10s. Parking over a fire plug: Douglas George Caldwell, 10s.

DRIVER FINED Oliver Noel Ewings (Mr E. S. Bowie) pleaded guilty to a charge that on February 14 he negligently drove a motorcar in Moorhouse avenue, thus causing Injury to Gordon Heath. He was convicted nnd fined £6. and his driver’s licence was suspended for four months. Sub-Inspector C. A. G. Mcßae said that Ewings had failed to give way to a cyclist approaching on nis right at the corner of Moorhouse avenue and Antigua Street. An accident had occurred in whicn the cyclist, Heath, had sufferer severe internal injuries, head injuries and fractures. The accident had been due tc excessive speed. Two independent witnesses had estimated the defendant’s speed at 45 to 50 miles an hour and 50 to 55 miles an hour, respectively. Mr Bowie said that he would accept the evidence that Ewings was travelling too fast but he was driving a strange car which had a deeper engine noise than the one he usually drove. This would give the impression of a slower speed. Moorhouse avenue was an open street, but the tramway poles could obscure the body of a cyclist. Mr Bowie submitted that the degree of negligence was not in relation to the degree of injury. The Court must mark its disapproval of such driving, said the Magistrate. “We can at least keep our speed down to the proper limits.” tIVIL CASE (Before Mr E. A. Lee, S.M.) CLAIM AND COUNTER-CLAIM L. J. Morgan, a painter and paperhanger (Mr B. G. Dingwall), claimed £4O from T. R. King, a watchmaker (Mr E. I. White), as the balance owing for work done and materials supplied. King counter-claimed for £B5 as damages on the ground that Morgan failed to exercise reasonable skill and, as a result, he would be put to considerable expense to restore his house at Richmond Hill road, Sumner, to the condition it would have been in had Morgan exercised reasonable skill. After hearing evidence for both Parties, the Magistrate gave judgment for the plaintiff for £4O on the claim and judgment for King for £4O on the counterclaim.