MAGISTRATE’S COURT

Press, Volume LXXXIX, Issue 27074, 24 June 1953, Page 4

MAGISTRATE’S COURT

TUESDAY (Before Mr Rex C. Abernethy, S.M.) UNLAWFULLY ON PREMISES William Montgomery McMillan, aged 45, a labourer, pleaded not guilty to a charge that on June 22 he was found without lawful excuse, but in circumstances that did not disclose the intention to commit any other offence, on the enclosed premises of Victor William Boatwood, at 10 Mafeking street. New Brighton. He was convicted and fined £3. Sub-Inspector J. C. Fletcher said that a Mr Herrick found McMillan lying by a paling fence alongside his property and in the adjoining property of Mr.Boatwood. McMillan could give no explanation for being there, and Constable Carson was called. This was at 10.30 pjn. McMillan could give the constable no reason for his conduct and was arrested.

McMillan told the Court that he had had a good deal to drink and did not want to go to his lodgings in that state, so he went on to the section at the rear of Mr Boatwood’s house. He had no recollection of what happened after that.

REMANDED Leonard Alfred Ford, aged 18. a labourer, was remanded to June 29 on a charge that on June 20 he unlawfully converted to his own use a motor-cycle, valued at £212, the property of Cornelius Jacobus Heeres. He was allowed bail in his own recognisance pf £5O and one surety of £lOO on condition that he reports daily to the police. TRAFFIC OFFENCES The following penalties yere imposed on offenders against the traffic regulations in prosecutions brought by the traffic department of< the Christchurch City Council:— Exceeding the • speed limit: Welwyn Peter Scowen, £2 (no driver’s licence, 30s; no warrant of fitness, 20s); Sydney Birch Atkinson, 20s; Victor Stuart Chaney, £5, and £2 respectively on two charges (failing to produce driver’s licence, 20s); Edith Ada Robinson, 30s; Adrionus Ticordus Jacobus Lipman, £2 (failing to display L plates, 20s); Cornelius Jan Wagener, £2. Failing to give way: Joseph Maria Tinga, 20s; William Robert Counsel, 30s; Harry McWhinnie, costs only. Parking offences: Letitia Pulley Chalklin, 10s; Rugby McDougall, 10s; Margaret Lobelia Goss, 10s; Joseph Frederick Lloyd, 10s; Rona May Wright, 10s (no warrant of fitness, 10s); Norman William Harris, 10s; Malcolm Arnold Scandrett, 10s; Stefan Bastrnak, 10s; James Shane Ferguson, 10s; Thomas Bernard Fitzgerald, 10s; Daniel Milligan, 10s; Leonard Rathgen, 10s; Phillip John Rickard, 10s; Annie Skidmore. 10s; George Challis, 15s; Hugh Douglas McCrostie, 20s; Irene Mary Stead, 10s (no driver’s licence, 10s); George Chalk Baudihet, 10s; William Edward Buck, 10s; Mary Connolly, 15s; Peter Hamilton Findlay, 10s; James Gordon, 10s; Morris James Graham, 10s; Charles Buxton McNatty, 15s; Derek William Searle, 10s (not displaying two registration plates, 10s); Maurice Blackmore Tattle, 15s and 10s on two charges; Arthur Oswyn Toon, 15s; Edward Kipping Wilson, 10s. No warrant of fitness: John Galvin, 10s; James McGill, 10s; Douglas Arthur William English, 20s (insufficient lights, £2); Keith McNair Partridge, 10s; William Arthur Campion, 10s; John Joseph Casey, 10s. No driver’s licence: - Mervyn George Rockhouse, 20s. Failing to produce warrant of fitness: Laurence Henry Read, 15s. Cyclist accepting tow: Ernest Alexander Clydesdale, 10s. The following penalties were imposed on offenders against the traffic regulations in prosecutions brought by the Transport Department:— Exceeding the speed limit: Derek John Stuart, £2; Peter Graham Cunningham, £2; Reuben Henry Ford, £2: Donald Gordon Malcolm, £2; Leslie Russell Martin, £2; Joan Gabriel MitchelL £2; Desmond James Molloy, £2; Geoffrey Vincent, 30s. No warrant of fitness: Ewart James Dawson, 15s; Michael Alexander Duke, 15s; Hector John Homes, 10s; Kenneth John Phillips, 15s; Ivan Charles Tucker, 15s. Driving in dangerous manner: John Gibson Scott Waterston, £l5.

Driving without due care: James Wilson, £3.

No heavy traffic licence: John Charles Haworth, £5; Rex Harold Ryman. £2. Breach of goods service licence: Bays Transport Company, Ltd., 20s, No certificate of fitness for heavy vehicle: John Brlghtling, Ltd., 10s. Unregistered motor vehicle: Robert George Corbett, 10s. Aiding and abetting unlicensed driver to drive: Vernon Walter Eade, 20s. Failing to dip lights: Edward Francis Gould, 30s. Carrying pillion rider while learner; Trevor John Cornwall, 20s (failing to.display L plates, 20s). Defective silencer: Seitsa Posthuna, 15s. CIVIL CASES (Before Mr F. F. Reid, S.M.) CLAIM FOR BALANCE OF DEBT Frank Dennis, a cricket coach (Mr R. C. Saunders), claimed £93 from John Spray, a bread vendor (Mr J. R. Woodward), as the balance owing on the sale of a bread round business by the plaintiff to the defendant. Judgment was given for the plaintiff for £9O 10s >Bd and costs. DAMAGES FOR ASSAULT Ronald Johnson Borthwick, a labourer (Mr D. W. Russell), claimed £66 2s from Clement Thomas, a plumber (Mr J. G. Leggat), as damages for an alleged assault. Borthwick was given judgment for £lO general damages, £26 2s special damages, and costs. The statement of claim said that on February 6 the defendant assaulted and beat the plaintiff who sustained injuries as a result, and was for a time unable to work and incurred expenses for dental repairs. The plaintiff claimed special damages of £ll 2s for loss of wages, and £l5 for dental repairs. He also claimed general damages of £4O. Thomas said he hit Borthwick two or three times after the latter had called him a dirty name, had flown at him in a rage, and had struck him on the left eye. He denied hitting Borthwick after Borthwick had fallen.

Evidence was given for both parties. The Magistrate said the evidence was so contradictory that it was quite impossible for him to determine the real cause of the fracas. He did not believe the plaintiff was assaulted in the way he said he was. Whether or not the defendant had any provocation, the defendant knew the plaintiff and knew he was a much older, man. The amount of punishment inflicted was out of all proportion to a man defending himself. The plaintiff was entitled to judgment but not for nearly the amount he claimed. If he was not the cause of the incident he certainly inflamed it. The special damages had been proved and judgment would be given for the amount claimed. Judgment would also be given for the plaintiff for £lO general damages, with costs.