Magistrate’s Court Charge Of Assaulting Woman Is Dismissed

Press, Volume XCVI, Issue 28414, 22 October 1957, Page 16

Magistrate’s Court Charge Of Assaulting Woman Is Dismissed

“I suppose this Romeo has got himself to blame for facing a charge of this nature.” said Mr E. A. Lee. S.M.. in the Magistrate’s Court yesterday when giving his decision on a charge of assault against Stanley Noel Burke, aged 35. a watersider. Burke, who was represented by Mr B. J. Drake, pleaded not guilty to assaulting Violet Maud Funston on October 12.

Mrs Funston said that she had lived with Burke for nearly two years until two months ago. w’hen he had told her to leave. Her divorce was to be made absolute at the end of October and she and Burke had planned to marry. Cn October 12 she had returned with a male friend to Burke’s house at 58 Rowcliffe crescent about 12.45 a.m. and found Burke there with a woman. “Words were said" and Burke had called her a slut. She had been going to make tea and had a jug of hot water in her hand. “He came towards me and pulled my arm.” the witness said. “1 let go with the jug. Everything happened very quickly after that. I came to on the floor with my head bleeding.” The witness said she had telephoned the police, who had taken her to hospital, where three stitches had been inserted in a cut on the back of her head.

To Mr Drake the witness said she had known that Burke was going to hit her when he came forward, because he had done it before. Mr Drake: When did you last take to him with a knife? —About August. The witness then added that she was not sure if she had had a knife. Although Mrs Funston claimed Fhe had been provoked she had not given much evidence of it. said Mr Drake. The hot water had temporarilv deprived Burke of his self-control. That would happen to any man in the circumstances. Burke said in evidence that he had come home with his friend. Mrs St. Clair, to get some more money. Words had passed between Mrs Funston and Mrs St. Clair. He had told Mrs Funston to go. He had not been “going for her” when she threw the hot water over him. The water had hit him on the left side of the head, which had burned for about 48 hours afterwards. He had struck Mrs Funston, but not on the back of the head. A cupboard door behind her had been open. Burke said that a doctor had certified that he had suffered firstdegree burns on. the left ear. forehead. and left hand. Mrs Funston was still living with him, although he had again asked her to go. “Briefly what happened was that Mrs Funston brought a boy friend home and you had a girl friend there. Is that it?” asked the prosecutor (Inspector J. C. Fletcher). Burke agreed. “It’s a pity you have to involve the police in these matters,” said Inspector Fletcher. Maureen Margaret St. Clair, a married woman, said she was waiting for a divorce before she married Burke. Burke had not punched Mrs Funston on the back of the head. The Magistrate said that he did not want to hear any further evidence. “It was a disgraceful affair which reflects no great credit on anybody concerned. There were obviously two assaults. The complainant in the first place assaulted the defendant.” The charge was dismissed. (Before Mr Raymond Ferner, S.M.) INTOXICATION CHARGES Stanley Keith Swan (Mr W. F. Brown) pleaded not guilty when charged with being under the influence of liquor or drugs when driving a motor-cycle, and with driving without due care and attention in Clarence road on October 16. The charge of driving when under the influence was dismissed, and on the charge of driving without due care and attention a conviction was entered and Swan was fined £5. His licence was cancelled for three mo.iths. Constable John Inkster said that at 10.20 p.m. last Wednesday when on patrol in Clarence road he saw a motor-cycle ridden by Swan with a pillion rider cut a corner and later being driven on the wrong side of the road. The patrol car siren was used at full blast, and the rider took no notice. When the patrol car

stopped Swan, he said he had had 12 9oz beers between 5.45 and 6.5 p.m. In the opinion of the witness the consumption of beer had been more recent. The accused was most unsteady on his feet, and in the opinion of the witness was unfit to be in charge of a motor-vehicle. Constable G. Graham, who was on duty at the watch-house, said that although Swan might have been imprudent in his consumption of liquor, he was, in his opinion, in a fit condition to drive. This opinion was shared by Sergeant J. Thompson, who had seen Swan at 10.50 p.m.. and by Dr. C. L. E. Sheppard, who said that at the police station he had examined Swan for sobriety with Dr. F. L. Scott and had considered him fit to drive. His natural slowness in speech and thinking might be misleading. There was a smell of liquor on his breath. In answer to a question as to whether he would care to be driven that night by Swan. Dr. Sheppard replied that he would not care to be driven at any time by Swan. Mr Brown said he did not think there was a case to answer on the charge of intoxication. The Magistrate agreed, but said he could not dismiss the charge of driving without due care and attention. Mr Brown said there was .a reason for this, for the motorcycle had no pillion seat and the passenger, “a Maori gentleman weighing 18 stone’’ sitting on the back mudguard, made handling a bit difficult. Jack Redvers Hartley, aged 27. a rubber-worker (Mr W. F. Brown) pleaded not guilty to a charge of being intoxicated when in charge of a motor-car in Armagh street on October 19. After evidence had been given by the police and the finding of Dr. F. L. Scott had been handed in, the charge was dismissed. THEFTS AT CAMP Two military trainees, Trevor

James Dallow. aged 19. andi Neville Spence Mattingly, aged 20,| appeared for sentence for a series of thefts at Burnham Camp. Both were represented by Mr L. G. Holder.

Dallow had pleaded guilty to stealing £lO, the property of Joseph Michael La Hood, on October 4. Mattingly had pleaded guilty to stealing a watch valued at £5, the property of Bruce Lindsay Pullen, on October 2; stealing £4, the property of John Alexander Nicholson, on October 3; and stealing £1 10s. the property of Margaret Todd. on September 17. Both youths had also pleaded guilty to stealing £25, the property of the secretary and members of the Catholic canteen.

When Mr Holder said that Mattingly had been admitted to probation by Mr Rex C. Abernethy, S.M.. after the commission of the offences, which had not been known of at the time, the Magistrate said the case should go before Mr Abernethy. For Dallow, Mr Holder said that he had a belligerent, immature personality.and was living in difficult circumstances. For the last nine years his family had lived in Public Works camps. He was one of nine children. Mr Holder asked for probation.

“I don’t know that w*e should take a chance,” said the Magistrate. “Isn’t the picture painted by yourself and the probation officer one of a lad who needs firm training?” “He received a thorough training at the hands of the other youths in the institution when he went to Borstal at the age of 15,” said Mr Holder. "He is now a past master of several forms of crime which he learned at Borstal.”

“I am not positive that this boy can be allowed to go at large with any chance of rehabilitation,” said the Magistrate. "His mental abilities and background all indicate the need for something more positive than probation or a short term of imprisonment.” Dallow was sentenced to Borstal training.

When Mattingly appeared before Mr Abernethy later in the day he was recharged with all the offences, to which he again pleaded guilty. “Mattingly did not expect to get probation on October 3,” said Mr Holder. "These thefts were part of a course of action motivated by unhappy events of which your Worship is aware. You took a calculated risk on that occasion. That was the first chance he had had in a chequered career. I earnestly plead that that chance be not taken away from him. "On October 3 I was under the impression that we had all cards on the table,” said the Magistrate. “You stole from your friends in Invercargill and from your comrades in camp. You haven’t played fair and square with the Court, and the Court has to take action.”

Mattingly was convicted and sentenced to Borstal training on each of the charges. ADMITTED TO PROBATION

Two young men, for whom Mr P. G. S. Penlington appeared, were admitted to probation for 18 months on a charge of being rogues and vagabonds. Their names were ordered not to be published. Victor Frederick Dunn (Mr A. D. Holland), who appeared for sentence on three charges of obscene exposure, was admitted to probation for two years and was ordered to undergo medical treatment as directed.

IMPRISONMENT FOR THEFT Peter William King, aged 27, a labourer, appeared for sentence for the theft of a dressing gown and two sports coats valued at £ 13, the property of Thomas Frazer. He was convicted and sentenced to six months’ imprisonment. When King had left the dock the Magistrate directed the attention of the prison authorities towards his possible defective mental condition. It did not matter whether King was detained in a prison or a mental hospital, he said. CREDIT BY FRAUD Kenneth Malcolm McDonald, aged 32. a workman (Mr A. D Holland), pleaded guilty to a charge of obtaining credit by fraud from James Alexander Batchelor on October 19. Detective Sergeant F. G. Pine said that McDonald had gone to a taxi-stand and had hired Batchelor’s car to take him to Harewood Transit Camp for a fare of 10s. On arrival at the camp the accused had disappeared. and when found said he had not engaged the taxi. He had repeated this story at the police station. McDonald was fined £2 15s and ordered to pay 10s for taxi hire to Batchelor. SHIP DESERTION

On a charge of deserting from the overseas ship Taranaki at New Plymouth on May 17, Septimus Skates, a seaman (Mr J. Wilson) was ordered to be detained for one month pending deportation. UNLAWFULLY ON PREMISES Patrick Augustus Stace, aged 45. a workman, was sentenced to seven days’ imprisonment on a charge of being found without lawful excuse on the premises of Robert Angus Brown, at Worsley’s road, Halswell. on October 15. DRIVER GAOLED

Fred Chadwick, a hotel proprietor (Mr B. J. Drake) pleaded suilty when charged with being intoxicated when driving a motorcar in Hereford street on October 4.

Inspector J. J. Halcrow said that Chadwick had driven along Hereford street and when attempting to pass a car going in the same direction had collided with a motor-car approaching. When taken to the police station and examined by Dr. F. L. Scott, he was certified as being well under the influence of liquor and unfit to drive. Chadwick had been convicted of a similar offence in 1944. Mr Drake said that his client was not by nature a heavy drinker and had had more than his fair share of worry in the management of a private hotel, and the strain of working long hours was beginning to tell. Sleeping pills, with a certain amount of liquor, had. adversely affected him. Chadwick was sentenced to 14

days’ imprisonment, and he was disqualified from holding a motordriving licence for five years. PROHIBITED IMMIGRANT Derc Lok, aged 24 (Mr A. D. Holland), a prohibited immigrant entering New Zealand without a permit, was ordered to be detained for one month pending deportation. ’ EREACH OF PROBATION Mark Greatorex was sentenced to seven days’ imprisonment for a breach of his probation in that he failed to notify his change of address and to report as directed to the Probation Officer. INTOXICATED IN CHARGE Frederick Douglas McCann, aged 27, a miner, pleaded guilty when charged with driving a motor-car in Riccarton avenue when under the influence of drink or drugs, with not having a warrant of fitness, not having a driver’s licence, and failing to stop after an accident.

On the first charge. McCann was sentenced to seven days’ imprisonment and his driver’s licence was cancelled for 18 months. He was fined £1 for having no warrant of fitness. £3 for having no driver’s licence, and £lO for failing to stop after an accident. Inspector J. J. Halcrow said that traffic officers had seen McCann’s car strike a parked car at 5.25 p.m. on Saturday and carry on. When caught by the traffic officers McCann denied all knowledge of the accident. He was taken to the police station and examined by Dr. Wilson, who said that although McCann showed signs of having taken liquor he might have been fit to drive. Police officers considered him a borderline case. DRUNKENNESS

A statutory third offender. Harold Herbert Baxter, was convicted and fined £5. in default seven days’ imprisonment, when he pleaded guilty to a charge of being found drunk on the Christchurch Railway Station on October 20. REMANDED

Colin William Noonan, aged 22. a workman, charged with damaging air hoses valued at £4 15s 2d. the property of the Shell Oil Comoany. and with stealing three gallons of petrol valued at 9s 9d on October 12, was remanded in custody to October 25 for the probation officer’s report and sentence. Detective Sergeant F. G. Pine said that at 9 p.m. on October 12 it was reported to the police that two men had been seen acting suspiciously at a service station at Papanui. A man, who had been caught carrying a tin of petrol, said he had run out of fuel when on the way to Kaiapoi. He had seen a truck and had decided to siphon petrol. Later it was reported that a hose had been damaged. Noonan had been before the Court previously but the other man, whose name was ordered not to be published, was not known to the police. The charge against him was adjourned until Matthew Waring, aged 17, a storeman, was remanded to October 25 on a charge of unlawfully taking a motor-car. valued at £3OO. the property of Colin Leder Cleave, on October 19. Bail was allowed in the sum of £lOO and one surety of £lOO.