MAGISTRATE’S COURT

Press, Volume LXXXIX, Issue 27097, 21 July 1953, Page 6

MAGISTRATE’S COURT

MONDAY (Before Mr F. F. Reid, S.M.) BREAKING AND ENTERING Leslie James Amtman, aged 40, a painter, and Victor Kirner, aged 47, a carpenter, who appeared for sentence on a charge of breaking and entering the warehouse of the Wairewa Dairy Company at Little River on July 4, and committing theft, were convicted and fined £lO each.

Mr E. M, Hay, who appeared for both accused, said that Kirner was a married man with six children, three of whom were dependent on him. He had not previously been in trouble. Amtman was a married man with three children. He had not been in trouble for 20 years, except for’ a lapse in 1946 when he was intoxicated in charge of a motor vehicle. Both had led the lives of good citizens, were happily married, and were in good jobs. Earlier on the evening of July 4, they had been drinking and then took six bottles of beer home. They were joined by a man Johnston and intended going to Akaroa to go crayfishing. They stopped at Little River and Johnston went on with the car. The other two drank some rum and whisky. They walked along the road, and it was then that they broke into the dairy factory. Only one chest of tea was taken, and they returned it to the factory after they had been spoken to by Constable Cromie. Counsel asked the Court not to regard it as a premeditated offence, but one committed under the influence of liquor. The accused had been in custody for a week.

The Magistrate told the accused they were liable to a substantial term of imprisonment. They deliberately broke into the premises and stole a chest of tea, but in view of what counsel had said, and the irrformation given by the Probation Officer, he was prepared to regard it more as a drunken escapade than as a deliberate crime. The probability was that their better judgment was affected by liquor, though that was. no excuse. Both were in good positions and earning good wages, so they had no need to indulge in this sort of thing. The Court would take into account that both accused had been in custody for a week, • that Kirner had a good record before this, and that Amtman had led a decent life for 20 years. INTOXICATED DRIVER Norman Andrew Davis, aged 30, a driver, pleaded guilty to charges that on July 18 he was intoxicated while in charge of a motor-truck in Tuam street, and that he had no driver’s licence. On the first charge he was sentenced to seven days’ imprisonment and disqualified from obtaining a driver’s licence for 12 months. On the second charge he was fined £l. Sub-Inspector J. C. Fletcher said that Constable Ching saw Davis having difficulty with a small truck near the White Swan Hotel in Tuam street. Davis got it started, but did not drive far before it stalled. The constable considered that Davis was intoxicated and took him to the Central Police Station, where he was examined by Dr. F. L. Scott, who certified him as unfit to drive. Davis had no driver’s licence. The trupk, which did not belong to Davis, was in a thoroughly defective state.

BREACH OF PROHIBITION ORDER Lawrence Joseph Thompson, aged 27, a labourer, pleaded guilty to charges that on July 18 he procured liquor during the currency of a prohibition order, and that on July 19 he was found drunk in Lichfield street, having been once previously convicted of drunkenness within the last six months.

He was fined £1 on the first charge and convicted and discharged on the second. ILLEGALLY ON PREMISES Estella Walsh, aged 50, a domestic, pleaded guilty to a charge that on July 19 she was found without lawful excuse, but in circumstances that did not disclose the intention to commit any other offence, on the premises of the New Windsor Hotel at 47 Manchester street. She was convicted and ordered to come up for sentence within six months if called upon. Sub-Inspector J. C. Fletcher said that Walsh was found in bed in a room of the private hotel and refused to get out. Apparently she had gone there because she had nowhere else to go. “You are becoming a nuisance, Walsh,’’ said the Magistrate. "If you go on in this way you will have to be sent to prison to see if that will bring you to your senses.”

FINED FOR DAMAGING PROPERTY Thomas Murdock McDonald, aged 28, a seaman (Mr J. E. Millar) pleaded guilty to charges that on July 18 he damaged two sweet jars, valued at £6, and a quantity of sweets, valued at £2 10s, the property of Neil Henry Gifford Christie, and that on the same date, at the Plaza Milk Bar, he used insulting language. Sub-Inspector J. C. Fletcher said that Constable McLachlan was on patrol duty in Hereford street about 7.10 p.m., when a. man ran around the comer. A few seconds later a girl ran around the corner calling out that he had stolen something. Constable McLachlan gave chase and caught the man. It seemed that he had been drinking and had gone into the Plaza Milk Bar fbr some sweets, and had some difficulty in paying for them. He got offensive and was shown the door. Here he had used insulting language and had knocked some jars of sweets over. Mr Millar said McDonald did not remember very much about the affair. He had come out to New Zealand on a merchant ship several years ago, and while in New Zealand had been discharged. He was a good worker and his landlady said he was a very good boarder. The whole affair seemed to be a drunken escapade. He had offered to make restitution and wished to apologise for the trouble he had caused. He was fined £2 on each charge. The Magistrate said he would not make any order for restitution, but he would accept accused's undertaking to make good the damage. REMANDED Samuel Henry Perriton, aged 40, an engineer, pleaded not guilty to a charge that he was intoxicated while in charge of a motor-car in Madras street on July 17. He was remanded to July 27 and was allowed bail in his own recognisance of £25

Anthony Errol Ivor Thrupp.x aged 22, was Temanded for one day on a charge that on July 18 he was deemed to be an incorrigible rogue in that he escaped from Paparua Prison while serving a sentence.