MAGISTRATE’S COURT TWO YEARS’ GAOL FOR MAN WHO SET FIRE TO CHURCH

Press, Volume XCI, Issue 27563, 21 January 1955, Page 13

MAGISTRATE’S COURT TWO YEARS’ GAOL FOR MAN WHO SET FIRE TO CHURCH

Eric Raymond Lidgett, aged 26, a labourer, appeared before Mr Rex C. Abernethy, S.M., in the Magistrate’s Court yesterday for sentence on two charges of arson and one of attempted arson. He was sentenced to two years’ imprisonment with hard labour on each of the charges of arson, the sentences to be concurrent. On the charge of attempted arson he was convicted and discharged. The charges • to which Lidgett pleaded guilty last week were that on March 27, 1954, he wilfully set fire to St. Mark’s Church day school, that on January 6 he wilfully set fire to St. Michael’s and All Angels’ Church, and that on the same day he set fire to straw and foliage well knowing the church was likely to catch fire. The Magistrate said he had been concerned to know what to do with Lidgett. Reports on his mental stability were not reassuring, but the Court was not satisfied that Lidgett did not understand the nature and quality of his act and that it was wrong. He proposed to have the attention of the Minister of Justice drawn to Lidgett’s case. Lidgett would serve two years’ imprisonment subject to the course taken by the Minister when he was appraised of the position. INTOXICATED MOTORIST Edwin Arthur Blackwell, aged 43, a charge hand (Mr B. J. Drake), pleaded not guilty to a charge that on December 30 he drove a motor-car in Bletsoe avenue while under the influence of liquor. He was convicted and remanded for one day for sentence on that charge and also on one of not having a driver’s licence. The police case was that Sergeant H. McLean and Constable A. L. Kitching v^ ent -ri° an acci^e nt at the intersection of . Bletsoe avenue and Springrove street at 10.15 pan. on December 30. It was a T intersection but Blackwell thought he could drive straight on. He said he had four or five beers between 3.30 p.m. and 4.30 p.m. They considered him unfit to drive and took him to the Central Police Station. He was examined by Dr. F. L. Scott who certified him as unfit to drive because of drink. The defence was that the accident was not caused by drink but by the type of intersection and Blackwell’s poor eyesight. Blackwell claimed that ms sight was worse at night. His eyesight was so bad that he could not get a driver’s licence. When the Magistrate said he must enter a conviction, Mr. Drake said that Blackwell had four children and a fifth was expected to be bom early in February. The Court might consider a substantial fine instead of imprisonment. The Magistrate said it was a wickedly defiant bit of driving. For a man who was nearly blind and in the state certified to by Dr. Scott wicked. He would not sentence him out of hand but would sentence him m the morning. MOTOR-CYCLIST SENT TO PRISON John Clifford Douglas, aged 42 a labourer (Mr R. W. Edgley), pleaded guilty to a charge that on December 20 he drove a motor-cycle in Manchester street while he was under the influence of liquor. He was sentenced to seven days’ imprisonment. His driver’s licence was cancelled and he was disqualified from obtaining another for 18 months . A lnspector J - c - Fletcher said that Douglas was found cast on the road at the intersection of High and Manchester streets at 7.15 p.m. on December 20. His motor-cycle was !?m g on T to R of h . im - Senior Patrol F- Smith saw him and. with the assistance of another traffic officer, straightened things out. It that Douglas had stopped for the lights and then could not control his machine when he tried to start off again. Mr Edgley said that Douglas had been working with sheepskins in extreme heat and was almost overcome by nausea. He had two beers and one shandy after work. He had been driving for more than 20 years and had never previously been in trouble. The court might impose a penalty less than imprisonment. The Magistrate said he was unable to distinguish the case from the ordinary run of cases. TRUCK DRIVER FINED £lO Eugene McDonald, aged 32, a bushinan (Mr W. F. Brown), pleaded guilty to a charge that he drove a motor-truck on the Main South road at bockburn on December 29 while he was under the influence of drink. He was fined £lO. His driver’s licence was cancelled and he was disqualified from obtaining another for io months. .Sub-Inspector J. C. Fletcher said that McDonald came from DunsandeL About 10.55 p.m. Traffic Officer McJarrow, of the City Council traffic department, saw a truck being driven erratically at Sockburn. The truck was exceptionally far to its left and was pulled up at the side of the road. The traffic officer told McDonald he —ad j no light and the reply was: It doesn’t matter. We never use it anyway.” The traffic officer saw that McDonald was under the influence of drink and took him to the police station. Dr. F. L. Scott certified him as unfit to drive. There was no question of negligent driving. Mr Brown said there had been no accident and no harm had been done to anyone. McDonald was driving a friend’s truck and the lights had been giving him trouble. He parked the truck correctly at the side of the road and it was then that the traffic officer came up to him. McDonald had a bad impediment in his speech and so was not able to do himself justice at the police station. INDECENT ASSAULT Errol Leslie McConchie, aged 32, a labourer (Mr M. G. L. Loughnan), pleaded guilty to a charge that he indecently assaulted a girl at New Brighton on December 27. He was remanded. in custody to January 27 for a Probation Officer’s report and sentence. Detective-Sergeant G. C. Urquhart said that McConchie took the girl away on his bicycle and committed the assault. McConchie had been previously before the Court. He had been arrested after the complaint was received and inquiries made by Constable Jackways. He said he had been drinking in a hotel and could not remember anything that happened after he left the hotel. THEFT OF BONDS A young man, whose name was ordered not to be published meantime and who was represented by Mr B. McClelland, pleaded guilty to a charge of stealing seven £lOO National Savings bonds valued at £786 12s 6d. He was remanded on bail to January 27 for sentence. THEFTS OF TREES Albert Leslie Comfort, aged 29, a carpenter (Mr W. G. P. Cuningham), pleaded guilty to a charge that on December 20 he stole a pine tree, valued at £5, the property of William Francis McArthur. He was fined £5 and ordered to pay £5 compensation for the tree. Detective-Sergeant G. C. Urquhart said that Comfort was seen taking a small pine tree from a property in Harewood road. McArthur told him to return it and he did so but, as he had chopped it down it was useless. He told the police he was out driving with his wife and wanted a Christmas tree for his small daughter. He was a good worker and had not previously been in trouble Mr Cuningham said that Comfort thought the small pines were seif sown. When the farmer approached him he offered to pay for the tree. No doubt the farmer was upset, but it was probable that Comfort was the scapegoat for many others. It was only a six-foot tree and £5 seemed a high value to put on it Counsel asked that the charge be dismissed Under the Justices of the Peace Act “I certainly cannot dismiss this under Section 92 of the x Justices of the Peace Act” said the Magistrate. “It is extraordinary how many people, who would not dream of stealing in the or-

dinary sense, have little compunction in walking on to a neighbour’s property and taking a tree which may be of value to its owper. It is theft and cool theft.”

Mr Cuningham: In the circumstances will you consider suppressing the name, your Worship? “No. I won’t,” said the Magistrate. A youth of 18, whose name was ordered not to be published because or his age, was fined £5 and ordered to pay £5 compensation on a similar charge. Detective-Sergeant G. C. Urquhart said that the youth, with another youth and two young nurses, went out to look for a Christmas tree for a city hospital. They saw a plantation of young pines and the youth cut one down. He was taking it to his car when the owner accosted him. He was a first offender. BREAKING AND ENTERING Thomas William Parry, aged 47, a labourer (Mr D, J. Hewitt), pleaded guilty to a charge that on October 13, 1954, he broke and entered the shop of John Alfred Nuttall and committed theft. He was remanded in custody to January 27 for sentence. Detective-Sergeant G. C. Urquhart said that a member of the staff of the People’s Palace saw Parry force the door of the shop with a jemmy at 4.40 a.m. Parry went into the shop and reappeared with a shot-gun. A milkman was called and Parry was seen coming out of a right of way without either the jemmy or shot-gun. The police found the jemmy and gun against a partly built shed at the end of the right of way. Parry could not be found. He was arrested in Dunedin on January 7. The gun was valued at £6O. Parry had not been in regular employment for some time. He was known to the Court. ASSAULTED FATHER-IN-LAW ,_® r^an Andrew Waterreus, aged 20 J - G'. Leggat), pleaded guilty to a charge that he assaulted Edgar William Pegley on December 24. He was discharged under the Offenders Probation Act upon payment of costs, no conviction being entered. Sub-Inspector J. C. Fletcher said that Pegley was the father-in-law of Waterreus. Pegley went home about 6 p.m. on December 24 and had an argument with his wife, who left the house. Shortly afterwards Waterreus arrived and gave Pegley summary treatment. Pegley had to have stitches in two cuts on his face. It was purely a domestic affair, for ordinarily Waterreus was a decent young man. Mr Leggat said that the background to the affair was the very unreasonable conduct of Pegley. He arrived home very much the worse for liquor and had an argument with his wife. Waterreus went to pacify him and Pegley attacked him with a bottle. Waterreus acted in self-defence, but went too far. He had never previously been in trouble and the Court might discharge him on payment of costs. GIRL ADMITTED TO PROBATION Ngaire Hayman, aged 18. a housemaid, who appeared for sentence on charges of being idle and disorderly and of damaging suitcases and clothing to the extent of £26, the property of Ivan Peeff Dragonoff, was admitted to probation for two years, a special condition being that she makes restitution of £26. The Magistrate told Hayman that he was giving her a chance to pull herself together. She had not had a happy home life and had been keeping company that had done her no good. FINED FOR ASSAULT _ Raymond Douglas Tavendale, aged 35, a labourer, pleaded guilty to a charge that he assaulted Dulcie Margaret Dick on January 19. He was fined £5. Sub-Inspector J. C. Fletcher said that Tavendale had been boarding with the complainant. Constable Ashworth was called by Dick and she showed signs of having been assaulted. The whole basis for the affair seemed to be the question of potatoes for Tavendale’? meals. THEFT OF CLOTHING A married woman, whose name was ordered not to be published meantime and who was represented by Mr A. B. Hobbs, pleaded guilty to stealing clothing from a Christchurch shop. The chse was adjourned to February 3 for a report by the Probation Officer. CONVICTION FOR ASSAULT Graham Williahi Robert O’Neill, a labourer (Mr N. Hattaway), pleaded not guilty tp a charge that he assaulted Richard Norman Rosewarne on November 27. He was convicted and discharged. The Magistrate said that he felt from the evidence that he should let O’Neill off without a conviction if it was possible. but it looked as if O’Neill applied more force to protect himself than was warranted. Rosewarne was a very silly man. He had a lot of drink aboard. He made a false statement to the police about the matter. “Though Rosewarne had knocked his wife down, he only gave you one punch and you went a bit too far,” said the Magistrate to O’Neill. FALSE PRETENCES Evelyn Rosella Nathan, aged 21, pleaded guilty to charges that on November 5 she obtained clothing, valued at-£3l 10s sd, from W. E, Munday and Sons, Ltd., by falsely representing that her name was Mrs Isaac Goldsmith and that she lived at 211 Russley road; that on December 3 she obtained goods valued at £6 9s 5d from DraytonJones, Ltd., by falsely representing that her name was Mrs Isaac Weisner and that she lived at 194 Russley road; and that on December 17 she attempted to steal a radio valued at £35 18s, the property of Calder Mackay, Ltd. The case was adjourned to January 27 for a Probation Officer’s report and sentence. MONEY OBTAINED FALSELY George Maurice, aged 33, a labourer (Mr B. G. Dingwall), pleaded guilty to a charge that he obtained £5O from Neville George Chaston on December 3 by falsely representing that a motorcar was his own free and unencumbered property. He was remanded on bail to January 27 for sentence. USED OBSCENE LANGUAGE Edward Arthur Green, aged 62, a mechanic (Mr W. G. P. Cuningham), pleaded guilty to a charge of using obscene language within the hearing of persons in Chester street on November 28. He was convicted and fined £5. LIQUOR NEAR DANCE HALL Murray Frederick Johnson was fined £3 on a charge of being found in possession of liquor near the R.S.A. hall at Sumner on October 30 while a dance was in progress. DISORDERLY BEHAVIOUR Elizabeth May Fleming and Margaret Yeatman, both aged 18, were convicted and discharged on charges of behaving in a disorderly manner in Cathedral square on December 15, riding an unlighted bicycle, and cycling on the footpath. Sub-Inspector J. C. Fletcher . said that Constable K. Chase had warned the girls twice that night but about midnight they rode bicycles into the square, screaming and shouting. They were taken to the police station and were most abusive. .Yeatman, the only one appearing in Court, did this sort of thing out of a spirit of bravado. “She likes to see her name in the papers. I would be much obliged to the press if they would keep her name out,” said Sub-Inspector Fletcher. The Magistrate told Yeatman that if she were a little younger the proper treatment would be for her parents to put her over their knees. If she came back again she could expect nothing but trouble and expense all the way. THEFT OF ROOFING MATERIAL Walter George Toombs, aged 60, a driver (Mr B. J. Drake), and John Gerrard, a roofer (Mr D. H. Stringer), pleaded not guilty to a charge that between November 20 and December 20, 1954, they stole roofing material

valued at £l2 15s, the property of J. A. Redpath and Son, Ltd. After hearing evidence for the prosecution and the defence, the Magistrate said there would be a conviction in each case and he would adjourn the matter to January 27 for a Probation Officer’s reports and penalties. One of the witnesses called by the defence was Frank Gerhard, roofing manager of the company, who said he had no connexion with the accused Gerrard. REMANDED Kenneth Coatman, aged 31, a postal assistant (Mr B. McClelland), was remanded on bail to January 26 for the taking of evidence on a charge of indecently assaulting another male. Counsel said that the accused would be electing trial by jury. Samuel McDonald, aged 65, a cook, was remanded to January 27 on a charge that he broke and entered the house of Bernardus Remmelt by day on December 10 and committed theft.