MAGISTRATE’S COURT Youth Admits Charges Of Indecent Assault

Press, Volume XCI, Issue 27669, 27 May 1955, Page 11

MAGISTRATE’S COURT Youth Admits Charges Of Indecent Assault

An 18-year-old clerk pleaded guilty in the Magistrate’s Court yesterday to three charges of indecently assaulting women, and Mr Raymond Ferner, S.M., remanded him on bail to June 3 for sentence pending a report by the Probation officer. The Magistrate made an order that the youth’s name be not published meantime.

■Detective-Sergeant A. B. Tate said that complaints were made to the police about the examination of women by a bogus medical student. Inquiries were made and the accused was interviewed on May 19 by Detective Highsted. The youth frankly admitted indecent assaults of a gross nature. The first offence was on October 5, said Detective-Sergeant Tate. The jouth went to the home of a woman who had recently given birth -lo a child, represented that he was a medical student, produced a letter purportln£ to be signed by Dr. Morton, and said he had been, sent because a cotton swab had not been removed. She allowed him to examine her. The other offences were on January 10 and May 3, and the procedure was the same in each case, said DetectiveSergeant Tate. On the last occasion woman’s mother was present and she saw the accused ride away on a bicycle. This made her suspicious, bhe saw the accused in Hereford street and followed him into Cashel street. She asked him to accompany her to the police station, but he refused. She tned to hold him and asked bystanders to “ e JP her but they ignored her appeal and the accused got away. He was quite frank about the offences when he was interviewed.

Mr E. B. E. Taylor, who appeared for the accused, asked that bail be renewed and that the interim order for suppression of the name be extended because of the accused’s age and mental background. The applications were granted. THEFT AS A SERVANT Alfred Arnold Graham, aged 44, a clerk (Mr J. G. Leggat), pleaded guilty in4o ch arge that between January 24, 1 ? 48 ’ ? n , d Jan uary 26, 1955, while em??Mo d n by ... B -. - Nutta ”. Ltd-, he stole ployer 9s 4d ’ the propert y ol his emHe wasrenranded in custory to June i lor a Probation Officer’s report and sentence. Detective-Sergeant A. B. Tate said that on May 19 a complaint from the accountants preparing the firm’s balance sheet stated that there were irregularities in the method of bookkeeping and there were shortages. The wage tax had been deducted and not paid to the Inland Revenue Department since May of last year. When the accused was questioned he said the money was in his desk and £95 was found there. The accused said he had been taking money in small but regular amounts for the last seven years. He had been covering them u p by banking money received early m April as being received for the year ended March 31. Detective-Sergeant Tate said it was obvious the system used was the well known one of robbing Peter to pay The accu sed said he had spent all the money and could not repay it. BREAKING AND ENTERING Colin David Cruickshank, aged 20. a leading aircraftman, R.N.Z.A.F., who appeared for sentence on a charge of breaking and entering premises in Dunedin and committing theft, was admitted to probation for one year, a special condition being that he make restitution of £1 10s. Mr D., E. Ames, who appeared for Cruickshank, said that the offence was part of an escapade and Cruickshank had already been dealt with on the other parts. The Air Force had confined him to cells for 33 days and he had spent some days in custody on this present charge. If he was admitted to probation he would be able to stay in the Air Force. PRISON FOR INDECENT ASSAULT William Kelly, aged 38, a chimney swcep (Mr W: J Gr. P. Cuningham), who appeared for sentence on a charge of indecently assaulting a woman in a picture theatre, was sentenced to three months’ imprisonment to be followed by probation for one year. The Magistrate said that Kelly had anything but a good record and the circumstances of the offence warranted a term of imprisonment. WOMAN ASSAULTED George Ivan Frith, aged 22, a shop assistant (Mr W. F. Brown), pleaded guilty to a charge that on May 21 at New Brighton he assaulted a woman. He was convicted and fined £5. Sub-Inspector J. C. Fletcher said it was a case of a young man acting in a very foblish way. A woman took her small child to a women’s convenience in New Brighton. She was just leaving when Frith caught her by the chin and round the shoulders, pushed her against the wall and made off. An hour later the woman was speaking to Constable Ravenscroft when Frith came up and apologised to the constable, mistakenly thinking that he was the woman’s husband.

Mr Brown said that, although it was a stupid act, there was nothing sinister about it and could well have been met by the lesser charge of common assault. Frith went into the wrong convenience by mistake

but did not realise it until the woman came in. He panicked, pushed her aside and made off. He realised he had done a foolish thing and waited about in an attempt to find the woman and apologise to her. The Magistrate said he was prepared to accept the view expressed by counsel.

DRIVER’S LICENCE CANCELLED Roy Francis Fuller, aged 33, a plasterer (Mr J. G. Leggat), pleaded guilty to a charge that while' under the influence of drink he was in charge of a motor-car on Murray Aynsley Hill on May 20. He was fined £5 and his driver’s licence was cancelled for three months. Sub-Inspector J. C. Fletcher said that Traffic Officers Smith and Watson found Fuller slumped over the driving wheel of his car at 7 p.m. on May 20. He was sound asleep and when they wakened him they considered he was affected by liquor. They took him to the Central Police Station where he was examined by Dr F. L. Scott, who certified him as unfit to be in charge of a car. Mr Leggat said that Fuller was driving his car down the hill when it developed a defect. When he stopped he recognised that his own condition was not what it should be so he parked the car and asked a passer-by to telephone for a taxi when he got to the foot of the hill, but apparently the passer-by telephoned the traffic officers instead.

The Magistrate said that, where a man voluntarily relinquished driving, it should be taken into consideration.

GOODS STOLEN IN SHOP An elderly woman, whose name was ordered not to be published and who was represented by Mr R. A. Young, pleaded guilty to stealing tinned goods valued at £1 6s 4d, the property of ,a grocery firm. She was convicted and ordered to come up for sentence within 12 months if called upon. Mr Young said that the woman was a diabetic and at times was not conscious of what she was doing, so it was questionable whether she was responsible for her action. She could not explain it. The Court might feel it was a medical rather than a criminal matter. The Magistrate said there were grounds for thinking it was not the ordinary case of shoplifting but was due to her physical condition and its effects. THEFT AND RECEIVING Robert Frederick Woodstock, aged 31, a labourer (Mr J. G. Leggat)), pleaded guilty to charges that on May 14 he stole a shirt and a pullover, valued at £3, the property of Trevor James Taylor, and that on May 9 he received a suit valued at £2l, the property of Colin Piesse, well knowing it to have been dishonestly obtained. He was remanded in custody to June 3 for sentence. Detective-Sergeant A. B. Tate said that Woodstock took the shirt and pullover while Taylor was playing football in Hagley Park. He was found in possession of the suit and said he got it from a man in a hotel but he knew it was a stolen suit. FINED FOR ASSAULT Remus Gordon Lilley,- aged 49, a labourer, was convicted and fined £5 on a charge that on May 25 he assaulted Romulus Walter Lilley. He pleaded guilty to the charge. Sub-Inspector J. C. Fletcher said that at 8.30 p.m. on Wednesday, the accused’s twin brother, Romulus, entered the kitchen of the house in which the accused lived and seated himself m the kitchen. That day, Romulus had suffered an injury when a piece of steel entered an eye. For some unaccountable reason Remus struck Romulus in this injured eye. “Remus and Romulus were named after the founder of Rome, but he doesn’t do it much credit,” said Sub-Inspector Fletcher. THEFT OF LANTERN

A man, whose name was ordered not to be published meantime and who was represented by Mr A. B. Hobbs, pleaded guilty to stealing a lantern and a broom valued at £1 5s 9d.

The case was adjourned to May 30 for penalty. Detective-Sergeant A. B. Tate said that the man was cycling borne from work on night shift when he was unfortunate enough to be stopped by a police patrol who inquired what was in the bag on the handlebars. NO PERMIT FOR RUBBISH FIRE Kenneth Baker was fined £1 for lighting a rubbish fire when he did not have a permit. LICENSING BREACHES

Charles Roy Hartshorne, licensee of the Star Hotel, was fined £2 for selling liquor after hours on April 8. John Fraser, barman at the hotel, was fined £6 for supplying liquor after hours, and Wilkin Rainsdon Avery, a barman, was fined £3 for aiding and abetting Fraser. Mr M. P. Eales, who appeared for the three defendants, said that Hartshorne and his family left at 7 p.m. that day for Rangiora. He gave the keys to Fraser with instructions that only guests were to be supplied with liquor. Unfortunately the instructions were not carried out.

Albert Henry Edgeworth, George Fuller, Albert Laing, Jim Smith, Jack Smith, William Jackson, and Cyril Patrick Pablecheque were each fined £ 1 for being found on licensed premises, the Star Hotel, after hours on April 8.

Cyril Arnold Messervy and Theodore Foster Goodwin were each fined £1 for being found on licensed premises, the Royal Hotel, after hours on April 23. Gordon Joseph Mitchell and Marshall Clark were each fined £1 on a similar charge concerning the King George Hotel on April 21. LICENSEE FINED £lO

Geoffrey Thomas Radcliffe, licensee of the Grosvenor Hotel, for whom Mr M. P. Eales appeared, was fined £lO for selling liquor on April 17 when the premises were required to be closed.

William Bartlett, barman at the hotel, was fined £3 for supplying liquor on April 17 when the premises were required to be closed. ON PREMISES AFTER HOURS

Nora Nicholson, Bruce Collingwood Hargreaves, William Corbett, George Gorrie, and Wi Wi Martin Brown were each fined £1 for being found on licensed premises, the Prebbleton Hotel, after hours on April 21. Patrick William Farrell was fined £1 for being unlawfully on licensed premises, Cokers Hotel, on April 6. Sub-Inspector J. C. Fletcher said that Farrell had gone into the hotel saying he was looking for a member of the staff. The licensee called the police but the man had left when they arrived. While the police car was parked in front of the hotel the man came along, looked into the car and then walked into the hotel. FAILED TO ATTEND PARADES Leonard Walter Harris, a freezing works employee, Clarence Lloyd Palmer, a truck driver, and Leslie | John Black, a truck driver, were each fined £5 for failing to attend military parades. CHANGE OF OWNERSHIP Edward Charles Clark was fined 10s for failing to notify the change in. ownership of a motor-truck. REMANDED lan Harold Pattison, aged 22, a labourer, Ronald Trevor Anderson, aged 20, a motor mechanic, Neil Selwyn Thompson, aged 19, a labourer, Robert Hector John Kerr, aged 20, a labourer, Leonard Alfred Ford, aged 20, a labourer, Kenneth Benfield Kearne, aged 18, a labourer, and Harrison Te Whiu, aged 21, a labourer, were remanded to June 2 on a series of breaking and entering charges. Mr J. G. Leggat appeared for Pattison and Te Whiu, Mr A. W. Reed for Anderson, Mr B. J. Drake for Ford and Mr W. F. Brown for Thompson. All counsel except Mr Brown applied for bail. This was opposed by Detective-Sergeant A. B. Tate. Bail was refused.

•CIVIL CASES _ (Before •Mr L. N. Ritchie, S.M.) POSSESSION CLAIM Clarence Leslie Rhodes (Mr B. A. Barrer) sought possession of a building on the corner of Oxford terrace and Montreal street, from A, H. Peters, ai saddler, Wong Yee, a laundrymanj, carrying on the business of his father, I Yee Loy, and John Doleman, an antique dealer, for all of whom Mr. J. A. Bretherton appeared. Decision was reserved. Mr Barrer said the plaintiff claimed possession of the building, which he bought under the Land Sales Act on March 23, 1950, for £6250. The present three defendants were then in occu-, pation among others. When he bought the premises the plaintiff advised the defendants that he would be requiring the building for his own business. The plaintiff conducted a large rental vehicle business in Christchurch, said Mr Barrer. His present premises had to accommodate 60 vehicles and during, the busy season the Transpdrt Department allowed a 25 per cent, increase on the number of vehicles by the plaintiff. At the same time the plaintiff also dealt in second-hand cars. He bought the premises occupied by the defendants with a view to separating his second-hand car business from the rental premises, by housing the second-hand vehicles in the premises. Three years after he had bought the property, the plaintiff served the defendants with one year’s notice to quit, said Mr Barrer. In this ease he submitted that the plaintiff was not bound to show greater hardship than the defendant if an order was made, but only some hardship or equal hardship. Mr Barrer quoted several decisions to support his submissions.

Rhodes gave evidence along the lines of Mr Barrer’s address.

Mr Bretherton said the defendants’ case relied on a decision by Mr Justice Turner. The effects of this decision were that: (1) the landlord must own a property for two years to obtain possession; and (2) that he must reasonably prove the premises were required for his own occupation. He submitted that the landlord in this case had reasonably adequate premises at the moment and he had a reasonable chance of doubling his premises within 18 months.

On the question of relative hardship, Mr Bretherton said that if the plaintiff could Drove that the premises were reasonably required by him, he must also show that his hardship in being refused possession must outweigh that of the defendants.

The businesses of all defendants were threatened with complete disaster if an order was made, said Mr Bretherton. Wong Yee was also living on the premises and he submitted he should have the protection as a tenant of residential premises. He had been operating a laundry there for 34 years and his father before him. Peters. Doleman and Wong Yee gave evidence along the lines of Mr Bretherton’s address. JUDGMENT FOR PLAINTIFF Judgment for Cycleworths (New Zealand), Ltd. (Mr J. B. Weir) against Peter Lawrence Harkness, for £l9 7s 6d, the balance of money owing under a hire purchase agreement, was entered. JUDGMENT SUMMONSES Orders were made as' follows on judgment summonses: I. Clark was ordered to pay W. J. Scott and Company, Ltd., £4 4s in default four days’ imprisonment; Clarence Oswald Ryder was ordered to pay William Alfred Pickup £49 ss, in default one months’ imprisonment, the warrant to be suspended as long as he pays 10s a week; G. Thomas was ordered to pay N. R. Gray £2B 17s 3d, in default 28 days’ imprisonment, the warrant to be suspended as long as he pays £2 a week; J. V. McDonald was ordered to pay H. H. Wauchop, Ltd., £ll 7s sd, in default two weeks’ imprisonment, the warrant to be suspended as long as he pays £1 a week; H. V. Ray was ordered to pay I. Champion and Company, Ltd., £5 19s 2d, in default five days’ imprisonment; E. A. Bourke was ordered to pay I. Champion and Company, Ltd., £8 3s 6d, in default eight days’ imprisonment; Harvey Seddon was ordered to pay Easton Products, Ltd., £3 10s Id, in default four days’ imprisonment: Edgar Leeston Webb was ordered to pay the Commissionerf o Inland Revenue £76 4s 9d, in default two months’ imprisonment, the warrant to be suspended as long as he pays £3 a week; F. H. Pagel was ordered to pay J. M. Crombie £l4 12s 9d, in default 14 days’ imprisonment, and Hay’s, Ltd., £lO 10s Bd. in default 10 days’ imprisonment. The Magistrate directed that a sum of money owing to the judgment debtor by a former employer, as wages, should within one month be directed towards the payment of the debts. In these circumstances the warrant was suspended for one month. (Before Mr Rex C. Abernethy, S.M.) POSSESSION CLAIM SUCCEEDS Sydney John Thomas (Mr J. B. Williams) was granted possession of a house at 270 Selwyn street from G. Biggs (Mr K. W. Frampton). The case was argued on the ground of hardship. The Magistrate in his decision said he would not have made the order in favour of the plaintiff had his health been better. Biggs was ordered to give possession within three months. NAME OF COUNTY INSPECTOR In a report of a Court case yesterday the name of the Waimairi county inspector, a witness, was given as Edgar John Peek. This was incorrect. The name should have been Frank Trevail Peek. Mr Edgar John Peek is a Christchurch City Council inspector.