MAGISTRATE’S COURT Trotting Owner Fined £8 For Breach Of Gaming Act

Press, Volume XCV, Issue 28209, 22 February 1957, Page 8

MAGISTRATE’S COURT Trotting Owner Fined £8 For Breach Of Gaming Act

John Arthur Miller, a pensioner, pleaded not guilty in the Magistrate’s Court yesterday to charges of assisting Margaret Gertrude Holstein in carrying on the business of a bookmaker, and of permitting premises at Clyde road to be used as a common gaming house. Mr H. S. Thomas appeared for Miller and Senior-Detective J. B. McLean represented the police. The charge was heard before Mr Raymond Ferner, S.M. Senior-Detective McLean said the charge arose out of a previous conviction of the woman. Holstein. Miller had a State house and as she had used it, he was charged with assisting in the conduct of an illegal business. Detective-Sergeant F. G. Pine described events leading to the conviction of Holstein in the Magistrate’s Court on a charge of bookmaking and keeping a common gaming house on November 7. He said that on November 10 he visited accused’s house in Clyde road, and was admitted by accused, who was in night attire. Witness told Miller that as he was the occupier of the house and lessee of the telephone, which he had allowed to be used for an illegal purpose, he was guilty of assisting and permitting his premises to be used as a common gaming house. Miller’s reply was: “As if I’m not in enough trouble now.” He said he had a good idea who had put the police on to him. Later, when questioned by witness, Miller said anyone could come to his place. To Mr Thomas, witness said that Miller did not tell him at first that he had been to Wellington, but later he said he had been in Wellington from November 6 to 9. Mrs Holstein said that when she was convicted she was a clerk, and had been offered a job to sit in and take bets over the telephone at the address given to her. She had not known Miller. When she visited the place she collected the key from under the mat. To Mr Thomas, she said she did not know who occupied the house for no names were mentioned. She was only told to go to a certain address in Clyde road. Mr Thomas said the prosecution had not made out a prima facie case of knowingly and wilfully assisting in the business of bookmaking, or of permitting the premises to be used as a common gaming house. The Magistrate ruled that a prima facie case had been made out for permitting the premises to be used but not on the charge of assisting, which was dismissed. Miller said he occupied premises at 298 Clyde road. He left for Wellington on November 5 and returned in the morning of November 10, leaving the key under the front door mat, where he always left it. He did not know Mrs Holstein and did not know his premises were being used for bookmaking. He owned two trotting horses and knew the penalty to be paid for conviction on a charge of bookmaking. Miller was fined £8 for permitting his premises to be used as a common gaming house. LICENSING BREACHES For being found in the licensed premises of the Prebbleton Hotel after hours on January 12, Cyril Neville Coombe and Joseph Hill were each fined £3. ADMITTED TO PROBATION Marion Gertrude Revell, aged 20, a waitress (Mr D. D. Clark), was admitted to probation for two years when she appeared for sentence on a charge of stealing clothing valued at £7. Mr Clark said accused had been the victim of another previous insincerity, and it was not surprising that a girl treated as she had been should stray from the narrow path. Mr Clark asked for an order for the suppression of the name. The only reason for publication seemed to be that “the bounder who let her down may have some pangs of conscience.” The Magistrate said he did not consider this the type of offence that merited non-publication. IDLE AND DISORDERLY Eric Tai Munro, aged 17, a freezing-worker, charged with being idle and disorderly in that he had insufficient lawful means of support, was convicted and ordered to come up for sentence if called on within six months. On a similar charge Charles Harden, aged 21, a freezingworker, was convicted and discharged and told to “get back to your people and get work.” A representative of the Maori Advisory Board said Munro would be sent back to Wellington and Harden to his people at Wairoa. BREACH OF PROHIBITION ORDER For a breach of his prohibition order Charles William Beattie (Mr G. S. Brockett) was fined £2. LIQUOR NEAR DANCE HALL For being in possession of intoxicating liquor when in the vicinity of a dance hall at Springfield on December 26, Robert Francis Hewson and Bevan Eric Frahm were each fined £3. IMPRISONED FOR ASSAULT Stuart Jules Le Lievre, aged 26, a farmer (Mr K. W. Frampton) was charged with assaulting John Smith Truman and Louis Patrick Walker at Akaroa on November 18. Kevin John O’Shannessey, aged 22, a scrap-iron dealer, was also charged with assaulting Truman. Both accused pleaded guilty. Inspector C. H. Reardon said that on November 17 the two accused went to a party in Beach road, Akaroa, with a five-gallon keg ’ and then decided to go to Walker’s house. About 12.30 a.m. on November 18 Truman was said to have made a remark that was resented and Le Lievre pulled him outside and struck him with the palm of his hand, and later kicked him on the shins. Le Lievre continued in aggressive mood, and when Walker asked him to leave the house Walker was also assaulted. The initial cause of all the trouble was too much liquor. Mr Frampton said the whole cause of the incidents was the excess of liquor on both sides. Both sides had been good friends and Le Lievre’s conduct was well out of line with his usual behaviour. O’Shannessey had become involved because of his friendship with Le Lievre. Le Lievre was sentenced to seven days’ imprisonment on the charge of assaulting Truman, and convicted and discharged on the second charge. O’Shannessey was sentenced to 10 days’ imprisonment. Both men later lodged notice

of appeal against the sentence. Each was allowed bail in his own recognisance of £5O, pending the hearing. CHARGE OF INTIMIDATION Johan Kalkhoven, aged 31, pleaded guilty to a charge of following a young woman with a view to intimidate her, on February 9. He was convicted and sentenced to one month’s imprisonment. When the young woman was standing at a bus stop in Cathedral square on February 9, accused came up and spoke to her, said Inspector C. H. Reardon. He followed her when she moved away. Because of Kalkhoven’s pestering her she was becoming a nervous wreck. She had been embarrassed at her place of work and had had to engage taxis to take her home. “You were warned when you appeared in the Court recently to keep away from the girl, but you took no notice,’’ said the Magistrate, convicting Kalkhoven. JURISDICTION DECLINED Robert Warner Richardson, aged 20, a tobacco worker, pleaded guilty to a charge of unlawful carnal knowledge of a girl aged 14. The Magistrate declined jurisdiction over Richardson and remanded him by consent to March 6 for the taking of depositions before his committal to the Supreme Court. Senior-Detective J. B. McLean said that three other youths concerned would be dealt with in the Supreme Court. Declining jurisdiction over Richardson, the said it was proper that one tribunal should deal with all four youths. FINED £5O John Allan Lee, aged 25, a painter, appeared for sentence on a charge of stealing a saw-bench and motor, valued at £45. He was convicted and fined £5O. Mr A. D. Holland, who appeared for Lee, said that he had taken the sawbench, which he thought had been abandoned, in company with three others. Lee was shortly to be married, and had almost finished building a house. A substantial fine rather than imprisonment might meet the position. In view of Lee’s awareness of the value of money, a substantial fine might be best, said the Magistrate. Mr Holland’s application for suppression of Lee’s name was refused. ASSAULT ON SEAMAN William George Brown, aged 22, a steward, pleaded guilty z to a charge of assaulting Lionel Vivian Fleming, on February 20. He was convicted and sentenced to seven days’ imprisonment. Inspector Reardon said that Brown met some crew members of the overseas ship Forresbank. including Fleming, in a hotel in Cashel street, on Wednesday afternoon. When they went out into the street, an argument developed. One man passed a remark about Brown’s girl friend, so Brown hit him. The man made off, apparently thinking he had got what he deserved, said Inspector Reardon. Words then passed between Brown and Fleming, and Brown knocked Fleming to the ground. Fleming was taken to the hospital with a bruised skull, but was later discharged. The trouble appeared to stem from the young people taking too much to drink, Inspector Reardon said. Brown had quite recently been convicted of assault. “This is your second appearance in this Court for assault,’’ said the Magistrate. “You take a lot of persuading.” OBSCENE EXPOSURE Barry Eion Bedwell, aged 21. an apprentice mechanic (Mr C. M. Roper), appeared for sentence on a charge of obscene exposure. He was ordered to come up for sentence within three years if called upon, and to take the prescribed medical treatment. REMANDED Appearing for sentence on a charge of escaping from lawful custody, at Templeton, on November 6, John William Carter, aged 26, a bushman and mine worker, was further remanded to March 7. George Maurice, aged 35, a truck driver, and Gordon Lewis Spriggs, aged 29, a truck driver, charged with stealing steel offcuts. valued at £2OO, the property of the Ministry of Works, were further remanded to February 28. Francis lan Hamilton, aged 42. a cartage contractor, was also remanded to February 28 on a charge of receiving the steel. Bail was renewed for each man. Maurice Hikana Nutira, aged 19, a garage attendant, appeared, on the application of the Probation Officer, for sentence on one charge of housebreaking and three, of obtaining money by the issue of valueless cheques, for which he had been admitted to probation at a previous sitting of the Court. Mr W. J. Jordan, probation officer, said Nutira had been released on probation on November 1 for a series of offences. He had not reported to the department as instructed and had already been fined £lO for a breach of his order. He asked that Nutira be dealt with on the original charges. Nutira was remanded to Monday for sentence. NAMES SUPPRESSED A 21-year-old man, whose name was suppressed, appeared for sentence on a charge of unlawfully converting a bicycle valued at £lO. He was convicted and fined £5. A 19-year-old youth, whose name was ordered not to be published in the meantime, and for whom Mr R. W. Edgley appeared, pleaded guilty to a charge of unlawful carnal knowledge of a girl aged 14 at Invercargill, between August 5 and August 26. 1956. The youth was remanded for a week for a Probation Officer’s report and sentence. (Before Mr L. N. Ritchie. S.M.) REMANDED Charged with stealing an alarm clock, valued at £3 12s 6d. and a camera valued at £35, and with receiving a woman’s handbag valued at £2 18s 6d, Alfred Max Watler Wartman, for whom Mr J. G. Rutherford appeared, was further remanded to March 4. Bail was renewed. LICENSEE FINED Leonard James Neil, licensee of the New City Hotel, was fined £2O for selling liquor after hours on December 16.

CIVIL CASES (Before Mr G. A. Nicholls, S.M.) JUDGMENT SUMMONSES On judgment summonses, J. Darling was ordered to pay C. V. A. Clarke, Ltd., £l5 10s, in default 14 days’ imprisonment; T. Mooney to pay A. Clifford £36 ss, in default 28 days’ imprisonment; Cecil Herbert Halligan to pay Herbert Cyril Hardingham £3 10s, in default four days’ imprisonment; J. Taff to pay the New Zealand Express Company, Ltd., £6 Ils, in default seven days’ imprisonment; H. Isaacs to pay Palmer and Doak, Ltd., £7 15s 7d, in default 10 days’ imprisonment; Richard John Casey to pay the Commissioner of Inland Revenue £72 9s lOd, in default two months’ imprisonment; A. C. Turner to pay the National Insurance Company £l2 2s 6d, in default 14 days’ imprisonment; E. N. Carpenter to pay the National Insurance Company £52 8s 2d, in default two months’ imprisonment; M. Collings to pay Goodchild Drapery £2l 7s lOd, in default 21 days’ imprisonment; A. G. Ridley to pay William Evan Charles £24 8s lid, in default 21 days’ imprisonment; W. Davies to pay Frisks Motor Spares, Ltd., £8 10s, in default 10 days’ imprisonment); R. Mehalski to pay E. H. Jones £l2 13s, in default 14 days’ imprisonment; R. V. Taylor to pay Hay’s, Ltd., £4l 9s 3d. in default 42 days’ imprisonment; William Karaitiana (junior) to pay the Commissioner of Inland Revenue £3l 18s Id, in default 28 days’ imprisonment; J. C. M. Hart to pay Hay’s, Ltd., £3l 16s 4d, in default 28 days’ imprisonment; P. Collings to pay Hay’s, Ltd., £8 10s 9d, in default 10 days’ imprisonment; L. G. McGrath to pay British Cycles, Ltd., £34 7s 6d. in default 28 days’ imprisonment; F. W. Henley to pay Hay’s, Ltd., £2B 0s Bd, in default one months’ imprisonment; L. Moody to pay T. K. Dixon £l5 13s 6d, in default 14 days’ imprisonment; T. H. Poulsen to pay Hay’s. Ltd., £8 16s 6d, in default 7 days’ imprisonment; D. A. Young to pay Hay’s, Ltd., £2O Ils Bd, in default 21 days’ imprisonment; R. Patrick to pay Briscoe and Company, Ltd., £lO5 19s 7d, in default three months’ imprisonment; W. Mulligan to pay Lennie and Company £2 8s 6d. in default four days’ imprisonment; A. C. Gemmell to pay R. Henderson £8 19s 3d, in default 10 days’ imprisonment; W. J. Cruthers to pay Stacey and Hawker, Ltd., £9 17s 2d, in default 10 days’ imprisonment, also to pay Direct Supply Company £6 Is 9d. in default 7 days’ imprisonment; L. H. G. England to pay Kowhai Floral Service £2 13s, in default three days’ imprisonment.