Youth Admits Theft And Car Conversion Charges

Press, Volume XCIV, Issue 28010, 3 July 1956, Page 16

Youth Admits Theft And Car Conversion Charges

MAGISTRATE'S COURT

Gordon McDonald Grubb, aged 19, a farmhand. pleaded guilty in ’ the Magistrate’s Court yesterday, before Mr Raymond Ferner, S.M., to charges of converting a car valued at £175. the property of James Charles Hurring. on June 21 at Christchurch, breaking and entering the counting-house of the Waikouaiti Garage and Service Station at Waikouaiti on June 21. stealing a binocular valued at £25, the property of John Alfred Tremaine, a fishing rod valued at £5, the property of James Charles Hurring, and stealing a battery, rug. and screwdriver valued at £l3 19s 6d, the property of Augustus Florence, on June 23.

Detective-Sergeant G. C. Urquhart said accused, who was serving a term in Borstal, was one of a party engaged on a job of loading coal when he saw a parked car, which -he later converted to his own use. He then broke into a garage at Waikouaiti and stole £3 9s 6d. He found a fishing rod in the converted car and this he sold for £l. A binocular which he had stolen he also disposed of to a second-hand dealer. Grubb was remanded to July 9 for sentence and a Probation Officer’s report. THEFTS OF MOTOR-CARS Peter Robson, aged 18. a clerk, for whom Mr W. F. Tracy appeared, pleaded guilty to charges of stealing a motor-car valued at £675, the property of Arthur Edward Fisher, on April 17. and a motor-car valued at £875, the property of Elco Radio, Ltd., on April 3 at Auckland; stealing a motor-car valued at £670, the property of Scott Timber and Hardware Company, Ltd., at Timaru on May 23; stealing a motorcar valued at £960, the property of Stanley Gordon Catchpole at Dunedin on May 14; stealing blankets and sheets valued at £lO, the property of Ballin Brothers, Ltd., at Christchurch on May 24; obtaining from Charles Parker the sum of £BOO by falsely representing that he was Henry Martin and the owner of a motor-car; and obtaining from Eunice Jean Fookes the sum of £635 by falsely representing that he was Patrick Wilson and the owner of a motor-car. Detective-Sergeant Urquhart • said accused, before his merry career of crime, had lived with his parents in Auckland, and had been employed by an Auckland firm. He started by registering a non-existent motor-car. and when the postmaster became suspicious, he disappeared. He next obtained ownership papers and stole a motor-car on which he changed the number plates and had it repainted. He told his parents he was buying the car, but they were not satisfied and asked a detective to keep an eye on him. He abandoned the car and stole another one for which he was successful in gaining ownership papers and number plates. At Gisborne. Robson advertised this car for sale and sold it for £B9O, said Detective-Sergeant Urquhart. He next visited Christchurch and travelled bv bus to Dunedin. He then converted a car which be disguised by putting on extra fittings. He returned to Christchurch, where he stayed at leading hotels. He came into possession of another car from which he transferred the radio. He drove to Ashburton, where he abandoned the car and took a train to Timaru and converted

another car, discharging the samples he found in it. He drove back to Christchurch and registered a new car under the name of Patrick Wilson which he sold for £635, representing that he owned it. He told the buyer that the only reason for getting rid of the car was that he intended going to the Olympic Games at Melbourne, after which he would remain in Sydney. He next stayed at the United Service Hotel and left with blankets and sheets.

Robson paid his fare for a trip by air to Sydney, said Detective-Sergeant Urquhart, and it was when he was on his way to the airport that the detectives intervened. He had received £1435 in money for stolen cars he had sold, and' in his luggage for the trip to Sydney he had cunningly concealed £1034. The police were now in possession of £1075,. a deficit of about £3OO.

In asking for a return of the money received to the rightful owners, Detec-tive-Sergeant Urquhart said some guidance was required. In remanding accused to July 9 for sentence and a probation officer's report the Magistrate said the question of distribution of the dishonestly obtained money would be considered. Mr Tracy asked permission to delay his submissions until after the Probation Officer’s report had been received. CONVERSION OF MOTOR-CAR John Donnelly, aged 18, a labourer who -pleaded guilty to a charge of unlawfully converting to his own use a motor-car valued at £665, the property of Raymond Carl Wild on June 19, and to stealing a sheath knife, the property of William James McKillop on June 23, was remanded for one week for sentence and a Probation Officer’s report. Sub-Inspector C. H. Reardon said a police constable had seen accused in a hotel bar and had later heard a customer complain that his car had been taken from outside the hotel. A few days afterwards the constable recognised the accused in the street and, after questioning him, took him to the police station. Donnelly was found to be in possession of the kniie which had been stolen. Accused admitted that he would have defended himself with the knife had the occasion arisen. INTOXICATED IN CHARGE OF CAR Percy Alison Watson, aged 51, a farmer (Mr B. McClelland) pleaded guilty to a charge of being under the influence of liquor or drugs when in charge of a motor-car in Rawhiti avenue on June 20. Watson -was fined £2O and his licence was suspended for six months. Sub-Inspector Reardon said Watson had been seen under the influence of liquor sitting in a motor-car at New Brighton. He had been taken to the Police Station where Dr. F. L. Scott had certified him as unfit to be in charge of a motor-car. Mr McClelland said that apart from this breach Watson was a decent citizen and had got into trouble because of over indulgence in liquor. It should be remembered that his client was not charged with driving but only with being in charge. He owned a farm which was divided into two and a motor-car was essential for him to get from one to the other. The Magistrate; This is not your first offence, Watson. In 1953 you were convicted on the same charge and fined £2O. Apparently this was not sufficient warning. DRIVER FINED Thelma Doreen Callaghan, aged 55, a housewife (Mr K. W. Frampton), pleaded not guilty when charged with being under the influence of liquor or drugs when driving a motor-car in Philpotts road on June 23. She was convicted and fined £l5, and her driving licence was suspended for 18 months. Constable G. T. Swann said that at 7 p.m. on June 23 the police were called to the scene of an accident in Philpotts road and saw where a car had gone through a concrete wall. Defendant’s car had been pushed abou; 100 feet away in Kensington avenue. Defendant, who was sitting in the car. admitted she was the driver. When she got out of the car she was unsteady on her feet and, taken to the police station, was certified by Dr. F. L. Scott as not fit to drive a motorcar. Defendant admitted having had two beers during the afternoon but said that her lack of knowledge of the locality was the cause of the accident. - am satisfied on the evidence of the police witnesses and Dr. Scott that the accused was intoxicated drlvin g,” said the Magistrate. ‘Although Dr. Sheppard described her as a very borderline case, it must be taken into account that he saw her half an hour after Dr. Scott and perhaps an hour after the accident. The accused must be convicted. DRUNKENNESS Thomas John Ballantyne, aged 38. a labourer, a third offender for drunkenness, was fined £5. in default seven days’ imprisonment, for having been found drunk in Madras street. REMANDED Maurice Keane, aged 36, a driver, charged with being under the influence of liquor or drugs when dri ’- ing a motor-car in Hereford street on June 24. was further remanded to July 9. Bail was renewed. lan Percival Rapley, aged 25, a drainlayer, was remanded to July 9 when charged with being under the influence of liquor or drugs when driving a motor-car in Morrison avenue on June 30. On a similar charge of driving a motor-car on Pages road, Adem Fakatovitch, aged 26, a machinist, was remanded to July 9. In each case bail was allowed in the sum of £25 and one surety of £25. Margaret Helen Edgeworth, aged 19. a domestic, was remanded to July 9 on a charge of stealing £2l, the property of Simeon Francis Barkle. Bail was allowed in the sum of £5O and one surety of £5O. Robert James Cooney, aged 23, a labourer, and James Carroll Pope, aged 19, a labourer, were remanded to July 9 on a charge of unlawfully convertin gto their own use at Blenheim, a motor-car valued at £3OO, the property of William Stafford. John Stewart Weir Pegg, aged 40. a footwear operator (Mr J. G. Leggat) was remanded to July 9 on a charge of attempted indecent assault on a male on May 28. Bail was allowed in the sum of £5O. David Edward Millar Horsham, aged 20, a labourer, and James Carroil Pope, aged 19. a labourer, were remanded to July 9 on a charge of the unlawful conversion to their own use of a motor-cycle valued at £125, the property of Hortman Adriann, on June 17. PRISON FOR MOTORIST William Robertson Lang, aged 61. a manufacturer’s representative, who pleaded not guilty to a charge of driving a car in Tennyson street, on the evening of June 7, while under the influence of drink, was convicted and sentenced to one month's imprisonment. His driver’s licence was cancelled and he was disqualified from obtaining another for five years and thereafter until due inquiry and recommendation.

Sub-Inspector C. H. Reardon prosecuted and Lang was represented by Mr R. S. D. Twyneham. The police case was that Lang had collided head on, on his incorrect side of the road, in Tennyson street, with another car. Two constables, who were called to the scene, arrived about 7.30 p.m. and found Lang lying on the road beside his car, unable to move. Constable E. G. Smith said in evid-

ence that he considered Lang was not intoxicated but drunk. The constables had had to assist Lang to the patrol car and help him out at the central police station. He was taken into the watchhouse and placed on a chair, where he had difficulty in keeping his balance. There was no sign of injuries on him. Dr. F. L. Scott said in evidence that he considered Lang so intoxicated that he did not get him out of the watchhouse chair to examine him. This condition, Dr. Scott said, could have been accenutated by war wounds. The defence was that Lang was subject to blackouts because of head wounds suffered during World War I.

Lang said in evidence that on the evening of July 7, he had suffered severe toothache, and had had two whiskies at a hotel in Sydenham. He had walked around the shops to try to find something for his tea. As no shops were open, he dedieded to stop at a shop in St. Mdrtins. He turned into Tennyson street, but had no recollection of seeing a car coming towards him. The next thing he remembered was waking up in a cell. “It is quite likely that the accused is more susceptible to accidents than other people, and it is quite likely that his condition was due to this,” said the Magistrate, convicting Lang. “Taking all these matters into consideration, I have no doubt that he must be convicted on the evidence. Unfortunately he has a previous conviction for being intoxicated in charge of a car.” SUSPENDED SENTENCE On a charge of stealing, on February 2, at Rotorua, an electric iron and a pair of men’s shoes, to the total value of £B, the property of Maurice Patrick Mullins, John Capil Hopkins, aged 45, a freezing works hand, pleaded guilty and was convicted. He wgs ordered to come up for sentence if called upon within 12 months. ASSAULT AND DAMAGE John William Branigan, aged 28. a carpenter, pleaded guilty to two charges, of assaulting Veronica Mary Branigan and wilfully damaging three panes of glass valued at £4 ss, the property of the State Advances Corporation. He was convicted and sentenced to seven days’ imprisonment, and ordered to repay the damage. (Before Mr Rex C. Abernethy, S.M.) CHARGE DISMISSED John Harold Baird, aged 62, a taxi driver (Mr A. Hearn), pleaded not guilty to a charge that on June 25. while under the influence of drink, he was in charge of a motor-car in Gloucester street. Sub-Inspector J. C. Fletcher prosecuted. After hearing the evidence for the police, the Magistrate dismissed the charge. Constable G.- Harris said he was called to Gloucester street at 1.25 a.m. on June 25 and saw Baird slumped in the seat of a car. The engine was running and the lights were on. He saw Baird slip sideways in his seat. Eaird had difficulty in getting out of the car. He swayed when he stood up. His breath smelled of liquor and he walked with a lurching gait. Constable Harris said he considered Baird to be unfit to be in charge of a car About two hours earlier he had been called to the same residence outside which he found Baird at 1.25 a.m. and had cautioned Baird about his condition. On that earlier occasion. Eaird said he had no intention of driving his car that morning and was going to stay at the house.

Constable Harris said he was quite satisfied he was justified in arresting Baird at 1.25 a.m. Baird told him he had had not more than eight whiskys and not fewer than six.

Dr. F. L. Scott said he examined Baird at 1.55 a.m. and considered that lie was sober and fit to drive a car. Baird told him he had had six whiskys between 8 p.m. and 1 a.m.. and was just recovering from influenza. Baird had an old fracture of the lower left leg and it had set in a bad position. This affected his walk.

Constable C. Douglas corroborated the evidence given by Constable Harris.

Constable D. H. Ashworth said that when he saw Baird in the watchhouse after his arrest he thought he was a case for taking his car keys but not for arresting him.

Sergeant J. M. McDonald said he saw Baird at 1.40 a.m. He thought he was a borderline case and would have taken his car keys from him.

Mr Hearn submitted that the Court should dismiss the charge on the police evidence.

In these cases, a constable had an onerous duty to perform, said the Magistrate. If a constable had anv real doubt about a man’s sobriety and thought he was intoxicated, then in all probability he had a duty to the public to get the man before the Court. The present case pointed the fact that even where there was evidence of swaying the nolice had to be very careful in making an arrest because the defendant had a bend in a leg that might simulate swaying. He had had liquor and what the constables saw at 1.25 a.m. might have been true then. Eut there was other evidence by police officers and by the doctor who saw the defendant soon after his arrest. Though that might not finally dispose of the evidence of the two arresting constables. it threw sufficient doubt on it to justify the Court throwing the prosecution’s case out. The charge would be dismissed. THEFT CHARGE DISMISSED Reginald John Hills, aged 25. an engineer’s assistant, pleaded not guilty to a charge that on June 15 he stole a bicycle valued at £l2. Detective-Sergeant G. C. Urquhart said that Detective Bracks and Constable Inkster were on patrol in the Sumner area on June 15 and when they were passing the Redcliffs boatshed about 8 n.m. they saw a man riding a small bicycle and Hills walking beside him. The car was turned and driven back and the two men were seen cornin'? from a jetty without the bicycle. Hills denied ever seeing a bicycle. The police later recovered the bicycle from the sea. 10 feet out from the jetty. Allen, the man with Hills had just been convicted of the theft of the bicycle. ’

Kevin Francis Allen, aged 18. a workman, gave evidence that he had nleaded guiltv to the theft of the bicycle and bad been sentenced to Borstal. He and Hills were at Sumner on the evening of June 15 and both were drunk. Allen said he took the bicvcle from a bus shelter at Sumner and was acting the fool with it. While he was riding it on the it slipped and fell into the sea. Hills did not touch the bicycle.

To Detective-Sergeant Urquhart, the witness said his evidence was not the same as what he had said in a statement to the police. He was drunk whpn he made the statement. Hills said he would give evidence on his own behalf and he went into the witness box.

The Magistrate said that as Hills was not renresented by counsel the Court should watch his interests. There was suspicion but suspicion was not enough and the doubt must be in Hills’s favour. Allen’s evidence was completely unreliable. (Before Mr L. N. Ritchie. S.M. - ) FINED FOR ASSAULT Benjamin Jones, aged 47. a kiln burner, who had been remanded from June 25 on a charge of assaulting John Fric Stephens, was convicted and fined £lO.

BORSTAL TRAINING Kevin Francis Allen, aged 18. a workman, who had previously pleaded guilty to a charge of stealing a bicycle valued at £l2, was sentenced to Borstal training. HOUSEBREAKING

Thomas Sydney Erown. aged 35. a labourer, was sentenced to four months’ imnrisonment on a charge of housebreaking. He had been remanded from June 21 for sentence.