MAGISTRATE’S COURT

Press, Volume LXXXIX, Issue 27148, 18 September 1953, Page 11

MAGISTRATE’S COURT

THURSDAY (Before Mr Rex C. Abernethy, S.M.) INDECENT ASSAULT Archibald Ernest Hobman, a truck driver, aged 29 (Mr J. G. Leggat) was sentenced to 18 months’ imprisonment with hard labour on six charges of indecently assaulting girls between the ages of five and eight years, and of assaulting a girl under the age of 14 ytears, between December 29, 1952, and September 1, 1953. Hobman was remanded for sentence to yesterday’s sitting of the court. ADMITTED TO PROBATION Derek Roy Venables, a pottery maker and tractor-driver, aged 25, was admitted to probation for 12 months when he appeared for sentence on a charge of stealing tools and a pair of overalls, to a total value of £2, the property of Donald Malcolm Corbett, on September 1. (Before Mr Raymond Ferner, S.M.) REMANDED Colin Alister Bayne, aged 25. a labourer. was remanded to September 24 on a -charge of converting a car valued at £450, the property of Robert William Hampton. Douglas Vincent Ward, a hotel porter, was remanded to September 24 on a charge of stealing from the house of William Ertwell at 44 Milton street, the sum of £4O in money, a gold pocket watch and chain, a woman’s cycle, and a plastic raincoat, of a total value of £74.

INTOXICATED IN CHARGE OF CAR Patrick Stephen Lawrence, a boot maker, aged 55 (Mr R. A. Young), was fined £lO, his licence was cancelled, and he was prohibited from obtaining another for 12 months on a charge of being intoxicated in charge of a motor-car in Colombo street on September 3. He pleaded guilty. Lawrence was sitting in the car outside the Club Hotel in Sydenham with the motor running, said Sub-Inspector J. C. Fletcher. He was challenged by a police patrol, and said he was waiting for lis nephew to drive him home. Lawence was later examined by Dr. F. Scott, vho certified him as being unfit -to drive. The defendant had been in poor health ?r some time, and during the day in jestion had consumed only five beers, lid Mr Young. He realised that the beer jmbined with his poor health made him nit to dr’ve.- and arranged for his ’.ephew to drive him home. He was techdcallv in charge of the car because he vas in possession of the ignition key and vas sitting in the vehicle waiting for his jephew whgn the police arrived. THEFT CHARGES Marcus Frederick Olaf Stefenson, aged 19, Rosemary Charlotte Dick, aged 20, Terence James Flett Leahy, aged la, LaV?d Montague Plumb, aged 21, Graham Rex Simpson, aged 18. Barry Davidson Sinclair, aged 19, and Margaret Catherine Brdy, aged 19, were all charged with theft of cutlery, the property of william Donnithorne, proprietor of the Excelsior Hotel, on August 20. The Magistrate dismissed the charges under Section 92 of the Justices of the Peace Act. . Detective-Sergeant G. W. Alty said that all accused were students who had been attending an end-of-term dinner in the hotel. After dinner a waitress noticed that cutlery was missing from one of the tables, and told the proprietor. He informed the police, who interviewed the accused. They all frankly admitted taking the cutlery, and said they took the articles as souvenirs. Mr W. G. P. Cuningham, who appeared for all accused, said that it was not a concerted effort of theft. Conviction would put a very serious blot on their careers and might prove an enormous handicap in their later life. "Each of you has offended in a foolish and irresponsible manner.” said the Magistrate. "The publicity attached to this case will be sufficient punishment.” CIVIL CASES (Before Mr F. F. Reid, S.M.) JUDGMENT FOR DEFENDANT Judgment for defendant was given in a claim of £2 10s by Clarence Henry Forbes, a pensioner, from T. C. Roberts, a motorcar wrecker. Mr B. A. Barrer appeared for Forbes. Roberts was by Mr K; J. McMenamin. Mr Barrer said that last April Forbes had gone to the Papanui Wrecking Company to get a steering gear for a caravan. He had taken the gear on the condition that if it'did not fit in the caravan he could return it. He cleaned it. found that it did not fit, and the following day his son took the gear back to collect a refund of money, the £2 10s which had been paid for it. Roberts said the gear had been tampered with, refused, to refund any money and ordered the son from the premises. Father and son returned to the wrecking company later, but left without either the £2 10s or the gear. In evidence Roberts said the transaction was a "straightout sale,” and therefore he had refused to take the gear back. Even if he was prepared to take it back he was not prepared to take it back if it had been tampered with while in Forbes’s possession. When Forbes first came to his yard he (Forbes) had' picked out the gear he said he wanted. He had not required the steering wheel and had taken it off, ruining and bashing the thread in such a manner that it could not be used again. Forbes had said he

only needed the bottom part of the gear. "I am satisfied that there was a sale,” said the Magistrate. "The gear is the property of plaintiff, and he can take it away from here now." TENANCY CLAIMS Decision was reserved in a claim for possession of a house at 65 Beach road, Redcliffs, and £ll 15s, by the Public Trustee, from Frank Dykes and Betty Dykes. An order was made for possession of a house in Poulsen street, occupied by Agnes Hooper (Mr E. M. Malley) on or before December 31, in a claim brought by Robert Wallace (Mr K. W. Frampton). Victor Alex George Aldridge and Thomas Albert Cooke, plasterers (Mr W. F. Tracy), claimed possession of premises at 82 Hazeldean street from James Edward Tansey (Mr D. H. Godfrey). The Magistrate reserved decision. JUDGMENT SUMMONS Judgment for' £l3 5s 6d wag given Charles Begg and Company, Ltd. (lor B. J, Stanley) against Peter Maurice Brasier, the amount owing on a hire-purchage agreement. " (Before Mr Rex C. ■ Abernethy, S.M.) POSSESSION ORDER MADE William Anton Andersen, a company manager. Una Sarah Andersen, his wife, and Euan Anthony Andersen, an engineer, claimed possession M premises at 215 Gloucester street occupied by Mary Fltzwilliams. a married woman. Mr B. J. Drake appeared for plaintiffs, and Mr P. P. J. Amodeo for defendant. The Magistrate made an order for possession on or before January IM€