MAGISTRATE’S COURT Motor-Cyclist Sent To Gaol For Intoxication

Press, Volume XCI, Issue 27643, 27 April 1955, Page 9

MAGISTRATE’S COURT Motor-Cyclist Sent To Gaol For Intoxication

Arthur Edward Falconer, aged 22, a freezing worker, was charged in the "* a £ ls trate’s .Court yesterday that on April 23, while under the influence of arink, he drove a motor-cycle in Riccarton avenue. Mr Rex C. Abernethy, S.M., convicted him and sentenced him nim to imprisonment for seven days, r alconer’s driver’s licence was cancelled, and he was prohibited from obv2??g another for 18 months. When the cask was called, Subinspeetor J. C. Fletcher rose to seek the permission of the Court for a remand to give accused a chance to obtain counsel.

‘‘D° you mean a lawyer or something like that?” asked accused, cher replied Sub-Inspector Flet-

I don’t want one of those,” said accused, whose plea was then taken. Sub-Inspector Fletcher said that accused had been checked by a Transport Department pattol ofljper at 50 miles an hour along. Riccarton avenue, when stopped, accused was unsteady on his feet and his speech was slurred. r ' 1*- Scott had later -certified him as being unfit to be in charge of a motor vehicle.

“I suppose you read the papers, Falconer, said the Magistrate. “I suppose you see almost every day, certainly every few days, that this or that man has gone to gaol, been fined, or lost his licence. You say, ‘lt cannot happen to me,* but it has happened. Then you pick up the paper and you someone has been maimed or kuJ?<L What can the Courts do about it but fix a punishment that will act as a deterrent to others? You were intoxicated riding at 50 miles an hour.' You were lucky you did not kill someone.”

STOLE OVERCOAT Patrick Irimana, alias Patrick Edmonds, aged ’23, a labourer, of Kaikohe, pleaded guilty to a charge that on April 22, at Christchurch, he stole an overcoat valued at £l2, the property of Jerry Benjamin Jackson. He was remanded to May 2 for sentence. The Magistrate asked for a report from the Probation Officer.

Detective-Sergeant G. C. Urquhart said that at 5 p.m. on April 22, accused had been drinking in a hotel, and after closmg time had been invited by a fellow-drinker to a room in a board-ing-house where more drink was consumed. The occupier of the room left later for the pictures but accused remained with another. There was an altercation and accused was told to get out. He did so. When the occupier. returned he found his overcoat missing and on April 24 went to the police station to report its disappearance. While there he saw accused, who had been apprehended on another matter. Accused was wearing his coat Accused had been in Christchurch for about 10 days, said Detective-Ser-geant Urquhart. He had done little work and when arrested he had 3d in his possession.

“He is a drifter who has been in trouble previously,” he said. OBSCENE LANGUAGE Harold Sylvester Blackwell, aged 23, a coalman, was charged that on April 23 he used obscene language in High street. He pleaded guilty and was convicted and fined £4.

Sub-Inspector J. C. Fletcher said that accused had been seen the worse for liquor by Constable K. G. Vincent, who told him to go home. He had sworn at the constable.

Accused, in a statement from the dock, said the constable had put a hammerlock on him and had forced him into the gutter. That was the reason he had used the language complained of. OBSTRUCTED POLICE Rangi Lewis, ared 25, a glass worker, pleaded guilty to a charge that on April 23 he wilfully obstructed Keith Geoffrey Vincent, a .police constable, in the execution of his duty. He was convicted and discharged. Sub-Inspector Fletcher said that Constable Vincent had been taking another man into custody when accused had interfered. Accused had been in custody since 6.15 p.m. on Saturday. “You keep out of trouble and leave the police alone,” said the Magistrate. “I will take into consideration that you have had two or three days in gaol.”

DANGEROUS DRIVING Gilbert Gordon Franks, an electrician, of Hornby (Mr W. F. Brown), pleaded not guilty to a charge that on February 19 he drove a van in a manner that was or might have .been dangerous to the public. He was convicted. and fined £4, and his driver’s licence was suspended for 28 ■ daysJ. Franks pleaded guilty to a charge of having po warrant of fitness and was convicted and fined £l.

Traffic Officer W. Wilson, of the Transport Department, said he had been sitting in his car at Church corner and had seen defendant travelling south on the Main South road at a speed estimated , to be more than 30 miles an hour. The speed limit at that particular place was 30 miles an hourv From the Sockburn railway crossing, defendant was checked at 45 to 50

miles an hour. Going around Motorways corner he had overtaken another vehicle and had to swing sharply back on to his side of the road to avoid collision with an oncoming car. In doing this -he had crossed two white lines in the centre of the road, which signified that he might not overtake because there was n6t clear visibility for 300 feet ahead. Witness had stopped defendant, who admitted that he had had a few drinks. He had no warrant of fitness and the van he had been driving was in a bad state of repair.

Counsel were continually in difficulty trying to decide what constituted an offence of driving in a manner which might have been dangerous, said Mr Brown. “Do there have to be some other persons in the vicinity or other traffic or is your driving to be considered dangerous on the ground that had someone been coming at the time it would have been dangerous?” he asked. Magistrate did not comment. ON ENCLOSED PREMISES John George Irvine Fisher, aged 51, a labourer, pleaded guilty to a charge that on April 18 he was a rogue and a vagabond in that he was found by night without lawful excuse in an enclosed yard. He was remanded for sentence to May 3. The Magistrate asked for a report from the Probation Officer. Detective-Sergeant G. C. Urquhart said that on April 18 Mrs H. Walker, of 28 North Avon road, had been out for the day and when she returned at 9.15 p.m. found her bedroom disturbed. A blanket worth £2 and an alarm clock valued at £1 5s were missing. She went into the kitchen and heard snoring from outside. With a neighbour, she found accused wrapped in the missing blanket fast asleep on the ground between the side of the house and the fence. The alarm clock was beside him. The police were called and when they arrived accused was still asleep. He was woken and found to be under the influence of liquor. No explanation of how he had come on the premises was made by him and he could give no reason for his actions. He had been released from Paparua Prison that day. “Most of his trouble stems from liquor,” said Detective-Sergeant Urquhart. “He may have to go to an inebriates’ home.” FOUR CONVICTIONS Trevor Pilbrow, who did not appear, was convicted on four charges brought by the traffic department of the Christchurch City Council. For exceeding 45 miles an hour with a pillion passenger he was fined £3 and for exceeding a speed limit of 30 miles an hour he was ordered to pay costs. He was fined 10s for failing to produce a driver’s licence and 10s for failing to produce a warrant of fitness. Traffic Officer J. T. Kdtoul gave evidence that on February 5 at 9.5 p.m. he had checked defendant in Riccarton ayenue from the United Tennis Courts to the Nufses’ Home—a distance of three-tenths of a mile—at 50 miles an hour. Defendant was cartying a pillion passenger on his motorcycle and told witness he had not been' watching his speedometer. Defendant had neither a driver’s licence nor a warrant of fitness with him and had been told to produce them later. He had not done so. THIRD FINE FOR SPEEDING

Leonard Raymond Glanville, a foreman motor-mechanic, of Waipara, pleaded guilty to a charge that on February 14, he exceeded tne 30 miles an hour speed limit He was convicted and fined £4.

Traffic Officer J. Brown, who prosecuted for the Christchurch City Council’s traffic department said that defendant had been checked at night along Pages road. New Brighton, at 45 miles an hour and in Seaview road across five T intersections at speeds from 45 to 50 miles an hour. Defendant had two previous convictions for similar offences. “I was absent-minded,” said defendant. “In the country I am used to driving at 45 miles an hour all the time.” ‘You take a warning—a final warning,” said the Magistrate. “If you come back here again you will lose yoffr licence for quite a period.” EXCEEDING SPEED LIMIT John Reuben Voice, who did not appear, was convicted and fined £2 on a charge of exceeding the speed limit in Cranford street on February 21. He was convicted and fined £1 for having no warrant of fitness. Traffic Officer D. C. Baker gave evidence of having checked defendant, who had been riding a motor-cycle at 50 miles an hour north along the Cranford street extension at 10.45 p.m. on February 21. The check had been taken over a distance of two-tenths of a mile before he had stopped defendant. Traffic Officer J. Brown, who prosecuted, said that the City Council traffic department did not press for a heavy penalty. The stretch of road where the offence occurred was a wide one of four lanes and many persons were under the impression—the wg'ong impression—that speeds of up to 50 miles an hour were permitted. In fact the road was a gazetted area of 30 miles an hour. The council had control of either end of, the extension and the Transport Department had control of a stretch in the middle. Hie council’s portions were signposted with “30” signs, but there were no such signs In the Transport Department’s section. “This motor-cyclist said he thought he in a 50 miles an hour area,” said Traffic Officer Brown. “I am concerned that a lot of other people have that impression also.” REMANDED Henry Allen, aged 17, a bakerlabourer, of Port Levy, was charged that on April 6 at Christchurch with intent to defraud he obtained from Thomas Edward Johnston, licensee of the Hotel Esplanade, New Brighton, £59 7s in money by falsely representing that a cheque drawn on the Commercial Bank of Australia, Ltd., payable to J. Bridge for the sum of £6B 17s and signed Jim A. Adams, was a good and valid order for that amount. He was remanded to May 2 on the application of Detective-Sergeant G. C. Urquhart, who asked for substantial bail if bail was to be allowed.

The Magistrate fixed bail at £lOO in accused’s own recognisance with one surety of £l5O. Accused was ordered to report daily to the police. John Lawrence Taggart, alias Jack Tait, aged 33, a presser, pleaded guilty to a charge that on April 20, at Christchurch, he. stole a . three-piece double-breasted suit valued at £ 10, the property of Edgar Francis Mdrgan. He was remanded to May 2. Bail was fixed in the sum of £lO in his own recognisance with one surety of £2O and he was ordered to report daily to the police. Charles Ronald Spiller, aged 40, a storeman (Mr A. B. Barrer), was remanded to May 2 when he appeared on a charge that on April 23, at Timaru, he stole £1 14s 9d in money, the property of the Home of Compassion. Bail was allowed at £lO in accused’s own recognisance. Brian John Sumner, aged 20, a machine moulder, was remanded to May 2 on a charge that on April 21, at Christchurch, he unlawfully converted to his own use a motor-cycle valued at £2OO, the property of George Arthur Smith. Bail was fixed

at £5O in accused’s own recognisance with one surety of £l5O. He was ordered to report daily to the police. Walter Martin Oliver Brooks, aged 48, a journalist (Mr J. G. Leggat) was charged that on April 23 he drove a motor-car in Avonside Drive while under the influence of drink. On Mr Leggat’s application he was remanded to April 28. Bail was fixed at £25 in accused’s own recognisance. William Thomas Dilkes, aged 36, an upholsterer (Mr A. K. Archer) was remanded to May 3 on a charge of driving a motor-vehicle in Manchester street on April 22 while under the influence of drink. Bail was renewed in the sum of £25 in accused’s own recognisance. REMANDED FOR SENTENCE William Francis Mooney, alias Joseph Vincent Madams, aged 25, a salesman, of Wellington, appeared for sentence on a charge that on March 31, at Blenheim, he stole a motor-car valued at £725, the property of Archibald’s Garage, Ltd., and on a charge that between March 9 and April 1, at Hamilton, he stole a motorcar valued at £6OO, the property of Gordon Honey Kerby. “Is there a further charge pending?” asked the Magistrate. “Maybe one of forgery,” replied Detective-Sergeant G. C. Urquhart. “In the circumstances I will remand accused to Thursday,” the Magistrate said. Accused was represented by Mr B. McClelland. TRAFFIC CASES Offenders against the traffic regulations were prosecuted by the Transport Department and penalties were imposed as follows: Exceeding 30 miles an hour.—Cornelius Geerings, £2; Kenneth Ross Perry, £2; Ronald Barry Thorne, £5; Peter Karl Weeks, £2; Robert Hamilton Wilson, £3. Exceeding 35 miles an hour with treilcr.—William Colin Pool, £3. Parking Offences.—William • Alton Bloxham, £2; Peter Pavlides, £2 10s. x. In cases brought by the traffic department of the Christchurch City Council, offenders against the traffic regulations were prosecuted and penalties imposed as follows: Overtaking on intersection.—Douglas Alexander English, £3. No light on cycle.—Boy Neville Buzan, £1 (second charge 10s). Parking offences.—John Robert Atkinson, £1; Selwyn James Atkinson, £2; Brian Albert Cantwell, £4; William Brooke Dawson, £2; Anthony Maxwell Deans, £1; Michael Duggan, £1; Douglas James Elliott, £3; John Thomas Gwynne, £1; Maurice Kenneth Lawson, £3 Robin McDonald Lockhard, George Alexander Magoran, £1; Murray John Manhire, £1; James Alexander Nash, £1; Albert Russel Prebble, £4; Ralph Schoeller, £1; Derek William Searle, £1 10?; MurrayMullin Smith, £1; Henry Sturge, Ltd., £1; Winston Strang ,£2 10s; James McCallum Tocker, £3; Ralph Van Yesselsteyn, £2; Neville McDonald Vincent, £3. No of fitness.—Donald Helms, £l.