MAGISTRATE’S COURT

Press, Volume LXXXIX, Issue 27064, 12 June 1953, Page 6

MAGISTRATE’S COURT

THURSDAY (Before Mr Raymond Ferner, SM.) INTOXICATED DRIVER Robert Goodchild, aged 49, a company manager (Mr P. H. T. Alpers), pleaded guilty to a charge of being intoxicated in charge of a motor-car in Seaview road, New Brighton, on May 30, 1953. He was sentenced to imprisonment with hard labour for seven days, and his licence was cancelled. He was prohibited from obtaining another licence for three years, and thereafter only with permission from a magistrate. C. A. G. Mcßae said that Goodchild had been seen to walk unsteadily down the street by Traffic Officer D. Beattie and a constable he summoned. Goodchild was sitting in the driving seat of his car when they spoke to him. He was examined by Dr. F. L. Scott at the police station 25 minutes later, and certified, as unfit to drive. There had been previous offences, said Senior-Sergeant Mcßae. _ “Since last before the Court in 1941 Goodchild has kept quite out of trouble,” said Mr Alpers, “and he has built up a good business. A recent change in his domestic circumstances has led to a temporary lapse.” Sentencing Goodchild, the Magistrate said that he had taken into consideration the fact that his last conviction was 12 years ago. REMANDED FOR SENTENCE Cyril Terrance Alfred McKenna, aged 21, a tractor driver, pleaded guilty to three charges, and was remanded for sentence until June 15. The charges were: that on June 1 he unlawfully converted a car, valued at £650, the property of William Allen; that on April 30 at Woodville he broke and entered the shop of George Hugh Renwick and committed theft; and that on May 19 at Rongotea he stole £ll in money and ’clothing valued at £35 17s 6d, the property of Earle Hillas. Detective-Sergeant G. W. Alty said that Mr Allen, McKenna’s employer, had reported the disappearance of his car, which was later found, being driven by McKenna, in Christchurch. McKenna, when interviewed, had- admitted breaking and entering a fish shop at Woodville, taking money from the till and eating some oysters. He had also owned up to stealing money and clothing from a former employer. Electing summary jurisdiction, Frederick John Painter, 48 years, a sheet metal worker, pleaded guilty to three charges, and was remanded for sentence until June 22, He was alleged to have made a false document—an order to the Christchurch Gas. Coal • and Coke Company, Ltd., to hand to the bearer certain moneys—to have stolen a suit, valued at £l2, the property of Leonard Arthur Truman, and to have stolen £7 18s 3d, the property of the Christchurch Gas Company.

Detective-Sergeant Alty said that Painter lived at a boardinghouse owned by Mrs Mitcham. He called at the gas company’s office and presented a note, purporting to be signed by Mrs Mitcham, authorising “A. Wilkins” to collect £7 18s 3d, the rebate money for Mrs Mitcham’s gas meter. He collected the money and signed an application for the meter to be transferred from the name of Mrs Mitcham to that of A. Wilkins.

These facts were discovered when Mrs Mitcham called at the office to collect her rebate. When interviewed, Painter also admitted stealing a suit from Truman, with whom he had shared a bach. He had sold the suit for 10s and spent the money on liquor. Painter had been “living on his wits” for some years, and appeared to have spent his- time drinking in hotels, said Detective-Sergeant Alty.

FAILURE TO ACCOUNT Two charges of committing theft by failing to ' account for money received on terms requiring him to account for it, or to pay it to Bailey’s Bakery, Ltd., were admitted by Stanley Stephen Avery, aged 35, a truck driver.

Detective-Sergeant Alty said that Avery, a truck driver for Bailey’s Bakery, had received £lO from Star Stores, in Hills road, and £6 13s 6d from the Star Store in Stanmore road, when delivering bread to the stores. The sums were for bread delivered to the stores. When the managers of the stores did not receive an account from the bakery for some time after paying these accounts they telephoned the bakery, and it was discovered that Avery had not delivered their accounts. Avery then admitted failing to pay in the money he had received from the two stores.

Avery was remanded until June 15 for sentence, the Magistrate asking for a report from the Probation Officer. CHARGES AGAINST ALIEN The offences arose from a misunderstanding between the accused and the Immigration Department, said Mr B. J. Drake, for Hulbert Vlot, an alien, who pleaded guilty to three charges of failing to notify change of employment and one of failing to notify change of abode.' Mr Drake said Vlot’s employer, a nurseryman, had made a favourable report on his conduct. Vlot was fined £2 on the first charge of failing to notify change of employment. On the remaining charges he was ordered to pay costs.

LIQUOR NEAR DANCE HALLS “This is the district In which heavier penalties were imposed last week,” said the Magistrate, when fining Robert William Dowling, Ronald Bruce Rutherford, and John Watson £5 each for being found in possession of liquor near a dance hall at Prebbleton on May 16. Clemt James Duncan was fined £3 for being found in possession of liquor near a, dance hall at Lincoln on May 9. His counsel, Mr J. E. Millar, said that this offender was to be distinguished from others in the same district, for Duncan came from Westport and had called at the dance hall merely to pick up a patron of the dance. He had liquor in his car. Stuart David Honeybone, Thomas Francis Pickard, and Frank Thompson were each fined £3 for being found in posses* sion of liquor near a dance hall in Lawson street, Christchurch, on May 6. Brian Thwaites and William Herbert Oliver were each fined £3 for being found in possession of liquor near a dance hall at Hororata on May 16. WARRANT ISSUED When Kathleen McKinney failed to apEear on a charge of a breach of a proation order, a warrant was issued for her arrest. BREAKING AND ENTERING CHARGE Alfred Edward Goslin, 33 years, an oyster opener and labourer (Mr J. G. LegJat), was further remanded to appear on une 18 on a charge of theft and a charge of receiving. He was charged >vith breaking and entering the warehouse of the South Island Agency Company, 141 Cashel street, on April 19, 1953, and committing theft, and also with having received, on or about May 6, seven wristlet watches, two cigarette lighters, and a bedside clock to a total value of £26. the property of the South Island Agency Company, knowing them to have been dishonestly obtained. Bail, at £2OO in his own recognisance and one surety of £2OO or two of £lOO, was renewed. NAMES SUPPRESSED A man, whose name was ordered not to be published In the meantime, was remanded for sentence until June 22, on a charge of stealing a sum of money. Bail was renewed. A young woman, whose name was ordered not to be published, was ordered to come up for sentence within 12 months if called on on a charge of stealing a cameo bracelet valued at £5. ADMITTED TO PROBATION Elizabeth Williams, aged 24, a married woman, pleaded guilty to a charge of stealing a peramulator, valued at £B, March r i3 erty ° £ Allan Hannan Hall « on She was admitted to probation on terms similar to the probationary period she is at present serving, and on the same conditions. (Before Mr Rex C. Abernethy, S.M.) GAOL SENTENCE IMPOSED Appearing .for sentence on a charge of committing theft by receiving £7O from Richard Francis Strothers on terms requiring him to acc°unt for or pay it to Ernest John Berry, and fraudulently omitting to do so, Ronald Stuart Alexander was sentenced to six months imprisonment with hard labour. Sentencing Alexander, a motor dealer, aged 29, the Magistrate said his counsel had submitted that Alexander was in tne other people. “I don’t accept that; I think you are a very plausible performer,” said the Magistrate. , .^ r _A- K. Archer, for Alexander, said his client’s troubles had arisen through a sudden decline in his income. He had been compromised by the failure of debtors to pay him. Restitution for the amount owing had been guaranteed. CIVIL CASES (Before Mr Rex C. Abernethy, S.M.) CLAIMS FOR POSSESSION James Trivett Taylor, a cartage contractor (Mr H. W. Hunter), claimed possession of a house in King street, Templeton, from Kenneth Percy Alfeld, a labourer (Mr S. J. Mann, of the Labour Department). The Court found that the alternative accommodation offered was suitable, and made an order for possession within four weeks. Mr Hunter said that the plaintiff bought the property for the purpose of housing his drivers. The defendant was formerly employed by the plaintiff, but was now helping his mother run a poultry farm at Templeton. The house was now required for a driver, for it was essential that the drivers live at Templeton. A better house, about four miles away, had been offered to the defendant as alternative accommodation.

Mr Mann said that the defendant, a married man with one child, had occupied the house since June 2, 1951. The alternative accommodation was not suitable, because seven miles was to fap away. At times the defendant had to work 14 hours ? day on the poultry farm, and he had to live close to the farm, especially as the electric power was off on occasions when the brooders were in use. The Magistrate said the real issue was the distance the defendant would have to travel if he took the alternative accommodation. He thought the distance did not rule it out as suitable, and it was a better house than the one now occupied by the defendant.

RENT TO BE PAID John Alexander McLeod, a retired schoolmaster, as trustee in the estate of Frank Rowell (Mr A. Hearn), claimed possession of a house at 20 Waterloo road, Sockburn, from Harry Hanson, a City Council employee, and also asked for judgment for arrears, of rent. Judgment was entered for the palintiff for .£l9 18s 6d arrears of rent. An order was made for possession forthwith, but the warrant is to be suspended so long as Hanson pays 10s a week off the arrears and also pays the current rent. JUDGMENT SUMMONSES On judgment summonses, P. Cooper t ?^ pa y R - w - J - Harrington £l4 9s 6d forthwith, in default 15 days’ imprisonment; A. Meikle was ordered to pay Dominion Motors, Ltdr, £5 6s forthwith, in default six days’ imprisonment; F. A. Griffin was ordered to pay Walter Maurice Stephen Darrell £l3 0s 9d forthwith, in default 14 days* imprisonment; F. F. Hamilton was ordered to pay Young Brothers, Ltd., £l2 6s forthwith, in default 14 days* imprisonment.