MAGISTRATE’S COURT Prison As Haven For Man During Christmas Period

Press, Volume XC, Issue 27538, 21 December 1954, Page 16

MAGISTRATE’S COURT Prison As Haven For Man During Christmas Period

“It would be at least a haven over Christmas. lie would have a better roof over his head than the trees in the park this weather,” said SubInspector J. C. Fletcher in the Magistrate’s Court yesterday, when Mr L. N. Ritchie, S.M., said that the only thing he could do was to send Ambrose James Stratford to prison. Stratford, aged 59, a labourer had pleaded guilty to being deemed to be a rogue and a vagabond. He was sentenced to three months’ imprisonment with hard labour. “Last time I was here I put in an application to go to the island next time,” said Stratford. “Drink is my trouble. I got drunk, fell over and hurt my leg.” “The island won’t have him. They have had him,” said the Magistrate. Sub-Inspector said that at 1.30 p.m. on Sunday Constable Jones saw Stratford in Brougham street. Stratford was very dirty and had been sleeping out in the park. He had 2s 4d in his possession. Stratford, who had just been out of prison for a day or two, had been drinking methylated spirits. The Magistrate said that the only thing he could do was to send Stratford back to prison to get the drink out of his system. He had a long list of offences, and could not be left at large. CHARGE ADMITTED Kenneth Storer, aged 24, a roof tiler, for whom Mr P. H. T. Alperg appeared, pleaded gujlty to a charge of being in charge of a motor-car in Madras street on December 18 while he was under the influence of drink. The matter of penalty was adjourned for one day to give Mr Alpers an opportunity to make submissions on the question of the suspension of Storer’s driving licence. Sub-Inspector J. C. Fletcher said that Constable Longley was on cycle patrol in Madras street about 11 p.m. on Saturday and heard Storer singing. If he had not been so noisy he would not have been noticed. The constable found Storer in the driver’s seat of a car. He considered him to be affected by liquor, and took him to the police station, where Dr. F. L. Scott certified Storer as being unfit to be in charge of a car.

Mr Alpers said that Storer had been working long hours. He was heard by the constable because another motorist was getting a car out of its parking space, and Storer was concerned that his new car should not be scratched or bumped in the process. Storer hrZ a friend with him who was sober and could drive. Storer’s own doctor saw him later, and did not consider him unfit to drive, though he showed signs of having had alcohol. The Magistrate said, he proposed fining Storer £lO and suspending his licence for a period, following a decision by Mr Justice Gresson in the Supreme Court, but he would ackjourn the whole matter of penalty for one day to give Mr Alpers an opportunity of making submissions on the matter.

LICENCE SUSPENDED Donald Lamont Havern, aged 23, a labourer, pleaded guilty to charges that on December 18, while under the influence of drink, he was in charge of a motor-car in the Moorhouse avenue extension and that he used obscene language. On the first charge he was fined £l5, and his driver’s licence was suspended for six months. On the second charge he was fined X 5. ■ Sub-Inspector J. C. Fletcher said that a message was received at the police station at 6.55 p.m. on December 18 asking that someone be sent to the Tai Tapu dairy factory as a drunk man had driven into a ditch. When Constable Wheeler arrived there he found Traffic Officer McJarrow already on the scene and questioning the accused. Apparently Havern had been trying to get his car out of the gutter. Traffic Officer McJarrow took him into custody. Havern talked a lot of nonsense and had grandiose ideas. Dr. F. a«. Scott certified him as unfit to be in charge of a car. Havern was lucky he was not found driving the car.

The Magistrate said that Dr. Scott’s report showed he could not examine Havern because Havern was too fighting drunk. The Court was pretty broadminded, but the language used by Havern was not only bad; it was disgraceful. DRUNKENNESS Eileen Monica Glazier, a shop assistant, aged 46, was fined £2 on a charge of being found drunk in Seayiew road on December 18. She had been convicted of a similar offence once before during the last six months.

FALSE STATEMENTS MADE •i,.? 11 ® 8 ® were the actions of a silly, illiterate old man, though I think the Probation Officer’s opinion that he is quite a shrewd old gentleman also applies to him,” said Mr E. B E Taylor when representing Michael James Wilson, a second-hand dealer, aged 68, who appeared for sentence on two charges of making false statement S t° Social Security Depart-

Wilson had applied for the age benefit last year and again early this year, and though he had £2024 he declared to the department that he had no assets.

Accused’s business affairs are in an appalling state, but I think he will now go to an accountant and have his affairs straightened out,” said Mr Taylor. “He has already been to the Social Security Department in an effort to repay them. If he had not been so illiterate I doubt whether these offences would have occurred.” Wilson was fined £lO on the first charge, and on the second was con-

victed and ordered to come up for sentence if called upon within 12 months. The Magistrate ordered him to make restitution as might be required, plus any other sum required by the department to be paid. REMANDED Alexander Robert Pearson, aged 35 a labourer, was remanded in custody to December 24 on a charge that on December 1 he obtained £6 12s 3d from Albert Harry Bartlett by falsely representing that a cheque for £7 8s 3d was a good and valid one. Awa Wi’ Te, known as Darry Wi, aged 22, was charged with the theft of £2 14s in money and two packets of cigarettes at, Christchurch on December 9. He was also charged with failing to notify the Probation Officer of a change in address last July. He was remanded till this morning on both Charges. Arthur Henry Martin, a fish merchant, aged 47 (Mr J. G. Leggat), was remanded till Thursday on a charge of driving a car in Colombo street, while under the influence of liquor on December 18. Thomas Kirner, a wicker worker, aged 36. was remanded on a charge of being in charge of a car in St. Asaph street, while under the influence of liquor on December 19. Bail was renewed. CYCLIST DRUNK In response to a message received on December 18 that a man was lying either dead or drunk in Grenville street, a constable went there and found Peter Thomas Banfield trying to push his bicycle along, said SubInspector J. C. Fletcher." Banfield, a shoemaker, aged 24, was fined £5 on a charge of being found drunk in charge of a bicycle in Grenville street.

CHARGE OF STEALING PLANTS The Magistrate made an order for the interim suppression of the name of a man who pleaded not guilty to charges of wilfully removing 37 plants from the Christchurch City Council’s Botanic Gardens between April 30 and May 2, 1954; of stealing 125 chrysanthemum plants valued at £25 from the grounds of a large private residence on August 27, and of wilfully damaging seven glasshouses to the value of £BO at*the same property on September 12. Detective-Sergeant G. C. Urquhart prosecuted.

Mr J. G. Leggat appeared for the accused. The defence was that the accused’s mental state at the time

was such that he was incapable of forming any wilful intent to commit the offences. Medical evidence was given in support of this submission. The Magistrate said he must hold that the facts had been proved, but he would not deal with the accused until he had considered a report to be given by the Probation Officer.

The case was adjourned till December 22.