Man Fined £4 For Being Drunk With Loaded Rifle

Press, Volume XC, Issue 27427, 13 August 1954, Page 13

Man Fined £4 For Being Drunk With Loaded Rifle

Archbold, a drainlayer thA & Ste + rer Z, ag ® d 36 > appeared in a nk. « glStr ? te s Court yesterday on w ge ass aulting Roy Oswald °? August 2, and on a charge that on August 2 he was drunk while minSu 86851 ?? a firearm and ammunition Mr Raymond Ferner, S.M., was on the bench. who-was represented by ♦ r Brockett, pleaded not guilty to both charges. The first charge was dismissed and on the second charge he was convicted and find £4. The prosecution was conducted by Senior-Sergeant A. B. Collinge. In evidence Welles said that accused was his stepfather, whom he had visited at his home to take a letter irom his (witness’s) mother. Accused had pressed witness to have a drink and after being threatened with a rifle witness took a glass of port wine. Witness walked from the room and there was a rifle shot. He returnd to find a hole in the wall about three from the door he had just gone through. His stepfather said he would shoot himself, and Herbert Spalding tt take the rifle from him. Under cross-examination by Mr Brockett, witness admitted he had been threatened with the rifle after he had had the drink. The rifle had not b ® en pointing at him. Herbert Henry Spalding, who boarded with accused, -said that he w seen acc nsed show the rifle to Welles but not demonstrate it in any way. Accused had later picked the rifle from the bed just after Welles had left the room and it discharged. Sergeant R. H. Marriott said he had visited accused’s home late in the evening after receiving a complaint from Welles. Accused slept through a V * S H by the police and did not wake up while an inspection of the house was made. From his position on the floor the sleep did not appear to be natural. The rifle was loaded and tbe safety catch was off. It was a military model and would need a 51b pressure on the trigger to discharge it. Apart from the trigger being deliberately squeezed there was no way the rifle could be discharged accidentally. In a statement * accused admitted that he was “fairly drunk,” said Constable T. W. Isles. Accused said the rifle had accidentally discharged when he picked up the rifle to clean it. He had no conversation with Welles at any time, indeed, he did not even know he wag* in the house. Constable Isles -said that the day when the statement was taken at the police station, the day after the incident with the rifle, Archbold still “had the ta-tas.” Witness said he was not happy about accused’s condition and had arrested him. Mr Brockett said that evidence called by the prosecution did not sustain the first charge. He submitted that the section under which the second charge was brought (Section 43 of the Police Offences Act) was designed only for the protection of the public or persons in public places. Otherwise a person on a back-country station with a private drive two or three miles from a road drunk in possession of a loaded rifle could be charged, he said. The section was clearly divisible and the second part of it, which referred to fireams made no reference to “a public place,” said SeniorSergeant Collinge. A drunkard with a rifle was a danger wherever he was —even if only tp himself. He agreed with the Magistrate that accused’s appearance in Court was a sequel not to a public disturbance, but to a complaint which preceded an inquiry. “On the admission made in the statement the accused handed to the police I am satisfied he was in possession of arms and ammunition while he was drunk,” said the Magistrate convicting Archbold. “With regard to Mr Brockett’s submission, a Lee Enfield rifle with a range of about 2700 yards is just as lethal in a back bedroom as in a public place. PROBATION FOR SEAMAN

John Richard Hampton, a seaman, appeared for further sentence, having served three months’ detention after being convicted of being absent with; out leave from his ship at Timaru. H 6 was admitted to probation for two years and warned by the Magistrate that he would be deported at the end of the period. g NO FIREARM PERMIT

Robin Alfred John Wilson, a clerk, pleaded guilty to procuring a firearm without a .permit at Wellington on March 11, and to a charge that on June 11 he delivered a firearm to Colin Brown, who did not have a permit. Wilson was convicted and fined 10s on each charge. Senior-Sergeant A. B. Collinge, who prosecuted, said that at the time of the offences Wilson was under the age of 16 years. NAME SUPPRESSED A married woman, aged 17, whosename was ordered not to be published meantime, pleaded guilty to a charge of stealing £8 in money. - An application by Mr B. J. Drake for an adjournment to August 19 was granted. A clerk, aged. 40, whose name was ordered not to be published meantime, was remanded to August 19 on a charge of being found without lawful excuse, but in circumstances that did not disclose the commission of or the intention to commit any other offence on enclosed premises in Christchurch on August 11. REMANDED FOR SENTENCE Joseph Nathan, a labourer, aged 25, and Arnold Alexander Turnbull, a labourer, aged 32, pleaded guilty to two joint charges of theft. Turnbull pleaded guilty to a further charge of theft. Accused were remanded for. sentence to August 19. Detective-Sergeant G. W. Alty, who prosecuted, said that on August 4 it was reported to the police that the beach residence of Ernest Cockram at Waikuku had been broken into during the previous night. Property valued at £l3l 15s 6d—a refrigerator, a .floor polisher, a radiogram, three bed rugs, five drinking glasses, a soda siphon, a corduroy jacket, six bottles of liquor and four shirts—had been stolen. The same night the Waikuku property of William Gordon Victor Fernie was broken into and a refrigerator valued at £99 10s had been stolen. From statements made to the police by accused, it appeared that Turnbull’s parents had a bach at Waikuku, and Turnbull conceived the idea of breaking into other baches and stealing their contents. After discussing the plan with Nathan, Turnbull borrowed a car, motored to Waikuku with Nathan, and the pair broke into the two houses. Turnbull, when questoined. admitted the offences, and said

he had taken a bicycle valued at £5 from a person unknown in Cathedral square. Nathan had also admitted the offences. Both accused had criminal records, Detective-Sergeant Alty said. An order was made for the return of the property. REMANDED Charles Edgar Joseph White, a labourer, aged 35. was remanded to August 19 on a charge of breaking and entering by day the house of Patrick Nelson, at 20 Leydon street, with intent to commit a crime. Allan Paul Young, an engine fireman, aged 31 (Mr W. F. Brown), was remanded to August 19 on a charge that on June 24 at Christchurch he stole five bottles of detergent, valued at 8s 9d, the property of the New Zealand Railways Department. The Magistrate refused to make an order for suppres- ' sion of the name.

Gordon Roy McCallum was remanded to August 19 on a charge of stealing £1 in money, the property of the Post and Telegraph Department at Christchurch on August 3.

Detective-Sergeant Alty said that accused was employed in the post office mail room. He had removed the money from a letter and had later spent it at a nearby hotel. The number of the note had been recorded as it was suspected that money had been stolen previously. The Magistrate asked for a report from the Probation Officer. ADJOURNED Stanley Grant Smith was charged with failing to attend a military training camp at Lake Rotoiti on March 5. Constable A. N. McNamara said Smith had made a statement to the police that he was unfit for service because of an injured foot. The certificate provided by a doctor did not cover the period of the camp, said Lieutenant D. S. Johns. Adjourning the case to August IS, the

Magistrate asked for further inquiries as the injury could have been received before the period covered by the certificate. TWO MEN FINED Douglas Sloan, of Oxford, was convicted and fined £2 on a charge of casting offensive matter in Manchester street on July 4. On a charge that on July 17 he cast offensive matter in Montreal street, Harry, Wilding Moore pleaded guilty, and was convicted and fined. £2. LICENSING BREACHES Graham Barry Alexander, aged 19, pleaded guilty to a charge that being a person under the age of 21 he purchased intoxicating liquor from the Hotel on June 19. He was convicted and fined £l. Henry Brodie Howard pleaded quilty to a charge that being a person other than the licensee of the hotel, he supplied Aelxander with liquor. He was convicted and fined £3. Alexander " Allan MacPherson, licensee of the Dunsandel Hotel, pleaded not guilty to supplying Alexander with liquor. He was committed and fined £l. For sending a person under the age of 21 to the hotel for liquor Ernest Gerald Dix (Mr W. K. L. Dougall), who pleaded not guilty, was convicted and fined £l. Hugh Campbell Steel, licensee of the Star and Garter Hotel (Mr D. H. Godfrey) pleaded guilty to a charge that on May 6 he sold liquor after hours. He was Convicted and fined £lO. For being found on licensed premises at the Commercial Hotel, Kirwee, after hours on June 20, Reuben Oliver Rowlands, William Joseph Day, William James Witham, Dennis John Vaughan, William David Henderson, Ewan James Henderson, Malcolm James Walker, Drummond Edward Walter Proscott and Graham John Smith were each convicted and fined £l. Douglas Victor Scott, licensee of the Commercial Hotel, Kirwee, was convicted and fined £lO for selling liquor after hours on June 20. Bruce James Bemey, Thomas Joseph Forde, and Catherine Forde were each fined £1 on charges of being unlawfully on licensed premises at the Embassy Hotel on July 2. Andrew Peterson was convited and fined £1 on a charge of being fitund unlawfully on licensed premises at the Embassy Hotel on June 19. Hector Thomas Prebble, licensee of the Waipara Hotel, was convicted and fined £lO for selling liquor after hours on June 20. (Before Mr Rex Abernethy, S.M.) FINED. FOR THEFT

Bernard Peter Collins, aged 37, a labourer, appeared for sentence on two charges of stealing two rubber pillows valued at £2 each, the property of Dunlop (N.Z.), Ltd. Collins, who had previously pleaded guilty to the charges, was convicted and fined £5 on each charge. Mr A. Hern, for accused, said that he had not previously been in any sort of trouble. He had been facing matrimonial difficulties and after 16 years was upset by the break-up of his marriage. “I am not passing any judgment on you or your wife in regard to this matter but I suggest both of you try to salvage something from the wreck,” said the Magistrate sentencing accused. “What you have done could have led to prison. I am going to take the view that you will not offend again.” (Before Mr L. N. Ritchie, S.M.) CHARGES DISMISSED John Moir Forrest, a clerk, aged 27 (Mr J. G. Leggat), pleaded not guilty to a charge that’ on June 16 he attempted to commit indecent assault on a male. The Magistrate, dismissing ths charge, said that the evidence showed that the accused did commit an indecent act, but the assault had not been proved. Detective-Sergeant G. W. Alty appeared for the police. THEFT CHARGE DISMISSED Flora Jessie Finnerty (Mr W. G. P. Cuningham) pleaded not guilty to a charge of stealing a single bed, two kapoc mattresses, a china cabinet, a tallboy, a dresser, an occasional table, two firescreens, a celluloid doll, and a chandelier of a total value of £54, the property of Brian James Lagan, at Christchurch on March 25. Dismissing the charge, the Magistrate said the case had been rightly brought by the police, but the Court had to be satisfied that the accused acted fraudulently, and with intent. Some articles had not been proved to have been stolen or even taken, he said. CIVIL CASES (Before Mr L. N. Ritchie, S.M.) JUDGMENT SUMMONSES On judgment summonses E. L. McConchie was ordered to pay R. M. Naysmith, Ltd., £l5 17s, in default, 15 days imprisonment; E. A. Miles was ordered to pay Calder Mackay. Company, Ltd. £lO Is 6d, in default, 10 days imprisonment.