MAGISTRATE’S COURT

Press, Volume XCIII, Issue 27999, 20 June 1956, Page 8

MAGISTRATE’S COURT

TUESDAY (Before Mr L. N. Ritchie, S.M.> REMANDED Warren Ernest James, aged 34, a painter, and a man, whose name was ordered not to be published, were charged with converting a car to their own use on June 1. They were remanded until Monday for a Probation Officer’s report and sentence. Peter Robson, aged 18, a clerk, was charged with stealing a motor-car valued at £670, the property of Jack Brown, at Timaru, on May 23. He was remanded to next Monday. TRAFFIC BREACHES A charge of a breach of the goods service licence issued to W. A. Habgood, Ltd., for whom Mr W. F. Tracy appeared, which was brought by the Transport Department, was dismissed. Other offenders charged by the Department were dealt with as follows: Driving in dangerous manner: Allan Benjamin Richards, £lO and licence cancelled for six months (no wararnt of fitness £1). Driving without due care and attention: Hay ton George Williams? £5 and licence cancelled for one month. Exceeding speed limit: David Edwin Annan, £3. No warrant of fitness: Harold Deveraux Williams, £l.

In prosecutions brought by the Christchurch City Council traffic department, the following penalties were imposed:— Exceeding speed limit: Stuart Douglas Ashworth, £5; Wilson Godfrey James Wylie, £2. Obstructing vehicular entrance: Wesley John Anderson-Smith, £2; Allan Reginald Love, £2. Failing to dip lights: Bryan George Armstrong, £3. Parkins in time-expired metered space: Ernest Ellis Bendall, £1; Raines Irving Bloxham, £2; Donald James Bowie, £1; Brian Geoffrey Chadwick, £1; Edgar Cecil Hartridge, £1; Thomas Greenhall Lewis. £1; Raymond William Lilley. £1: SWEaurice Munnerley, £1; Albert Edward Paling, £1; Jean Prisk, £1; Garth Warwick Rountree, £1: Douglas Henry Barclay Russell, £2; Johannes Wilhelmus Van Schaijik. £1; lan Alexander Watson. £1; David Ro««; Wilson. £l. „ Double parking: Stanley Alfred Caldwell, £1; Georgina Mary Cameron, £1; Charles Noel Dean Dickey, £1: Edward Arthur Spence, £l. Ineffective silencer: Raymond Robert Clarke, sentence deferred. Parked in prohibited area. Wilbur

Victor Dawson, £1; Laurie Herbert Gopperth. £1: Ivan George Herring. £2; Rodney James Irvine. £l. Driving without due care and atten-

tion: Alexander de Kort, £3: Henricus Johannus van der Vedden, £3. Carrying pillion passenger when restricted to L plates: Thomas Andrew Field, £2.

Paired too close to corner: Noel Gertrude Haldane, £l. No warrant of fitness: Stanley Alexander McGregor, £1; Colin Albert Morgan, £2. Parked over time limit: Raymond Richard McLauchlan. £1; Caradoc Meredith Nicholas, £1: Oscar William Cwles, £2; Susan Margaret Ruddle, £l.

Parked other than parallel with roadway: Colin Lockhart O’Loughlin. 10s: Garry Stephen Reynish, £l. Not into kerb: Oscar Albert Pilcher. £l. Failed to yield rigfit of way to pedes-

trians: William Henry Rhodes, £5. Overloading heavy motor vehicle: W Whittaker, Ltd., £3. CHARGE OF ASSAULT

Gordon Stewart McClintock, aged 24. a labourer (Mr B. McClelland), pleaded not guilty to a charge of assaulting Josiah William McClintock on June 11. Josiah William McClintock, aged 75, said that about 3.15 p.m. on June 11, he had remonstrated with his son who

had pulled up bricks which witness had made into a path. He received a very curt reply from accused, who had then knocked him down and punched him. His son did not get on well in the home and would not work. Constable J. A. McPhee, stationed at Sydenham, said he had received a call from Antigua street complaining of an assault. He found that McClintock. sen., had suffered severe facia) injuries. When taken to the Sydenham Police Station, accused said his father had attacked him with an axe. At this sta"e, accused said he would like to obtain the services of a solicitor, and the case was adjourned till the afternoon; When the hearing was resumed, Josiah McClintock returned to the witness box and the Magistrate read to him the evidence he had given earlier. The witness reaffirmed his evidence. To Mr McClelland (for accused) witness said that the accused was the only member of the family he had any trouble with. Witness said he did not have a tomahawk in his hand when he spoke to 'the accused. ' He did not strike him at all. Constable McPhee also reaffirmed his evidence. The accused, in evidence, said he was in a mental hospital for eight months in 1954. His father had him sent back last year, but he escaped after being in the hospital for a week at the end of October. His father and he did not set on. On June 11, when he used the bricks his father entered the kitchen in a terrible rage about it. His father went at him with a tomahawk and hit him on the shoulder with the blunt side. To defend hirrself he hit his father three or four times. His father fell and hit his head on a sideboard as he was falling. He helped his father on to a sofa and got a bowl of water to bathe the cut on his head. The accused was convicted and remanded to Thursday for sentence. CIVIL CASES (Before Mr Rex C. Abernethy, S.M.) CLAIM FOR DAMAGES Albert William Hubbard, a farm labourer (Mr A. Hearn), was awarded £240 18s lOd in his claim for damages against Kenneth Bruce Trevella, aged 21. an automotive electrician. Defendant was represented by Mr A. K. Archer. The claim arose from an accident on the Tramline road, Swannanoa, on July 31, 1955, in which Hubbard’s car and defendant’s car were involved in a collision. Hubbard claimed £277 7s lOd for repairs to his car, for’ loss of use of his. car until December 10, 1955, for the purchase of a tyre and tube, for depreciation on his car and for medical expenses. “The evidence, as recorded by a police constable, has established that the impact occurred on the defendant’s wrong side,” said the Magistrate. J ‘Before the plaintiff knew what had happened, he was involved in an accident with a car which .was only half lit. “The defendant was driving along in an old car with lights on dip—showing one light, with the other blacked out. Whether parking lights were on is not clearly established. “There is no evidence that the plaintiff was on the wrong side,” he said. “The Court must find for the plaintiff.” JUDGMENTS FOR PLAINTIFFS Gold Band Taxis, Ltd., was given judgment against C. K. Parata for £3O 16s 7d. Robert Francis, Ltd., was given judgment against J. T. Harper for £2l ss. The State Advances Corporation was given judgment against Edward Noble for £22 9s. (Before Mr L. N. Ritchie, S.M.) PLAINTIFF NON-SUITED Leslie Ernest Jones, a taxi-driver (Mr A. D. Holland), claimed £27 10s from lan Trevor Davidson, a driver (Mr C. V. Lester), for damage caused in a collision on Linwood avenue about 3 a.m. on August 4, 1955. After hearing evidence the Magis-

trate non-suited the plaintiff and allowed the defendant costa.