Magistrate Court Youth Convicted After Fight At New Brighton

Press, Volume XCVII, Issue 28541, 21 March 1958, Page 13

Magistrate Court Youth Convicted After Fight At New Brighton

Two 18-year-olu youths were charged in the Magistrate’s Court yesterday with fighting on February 2 in a public place at New Brighton, after one had called the other a “square.” Barry Vincent Gardiner, an apprentice, was convicted and fined £3 by Mr E. A. Lee, SM., Gardiner pleaded guilty. The Magistrate dismissed charges against Trevor Hugh Cameron (Mr W. F. Brown) of fighting in a public place, and of assaulting John Michael Lester. Cameron pleaded not guilty to both charges. Sergeant V. F. Townshend prosecuted. Gardiner said in evidence that with Lester and a friend, Bruce Shackelton, he had passed Cameron near the men’s conveniences at the New Brighton pier and had called Cameron a “square.” Cameron had stopped and a fight had begun. He had not struck a blow in the fight. He did not know the meaning of the term “square,” but- thought it meant something like bodgie or teddy boy. To Mr Brown, he said that he and his friends had been drinking during the afternoon and had consumed enough to make them “a bit bright.” Probably about 10 glasses had been drunk by each of the three. He did not know Cameron and had no reason to call him a “square.” Cameron said that he and a friend had walked past the men’s conveniences that evening and three youths had approached, and one of them, Gardiner, had called out: “I wonder who that square is?” The term was insulting to him and he had asked Gardiner if the remark had been addressed to him. The two had then come to blows. During the fight, he felt a tugging of his coat and was pushed clear by the youth Lester. He thought Lester was about to attack him and struck him several blows. Lester fell to the ground. John Michael Lester, aged 18, an apprentice fitter, said that he had tried to break up the fight but Cameron hit him several times on the face. He did not think that he had been knocked to the ground, but had tripped and fallen. He had drunk enough that afternoon to make him “well on the way.” Sergeant J. Jackson said that the police had been called and all the youths present were taken to the New Brighton Police Station for questioning. Gardiner, Lester and SJiackelton smelt strongly of liquor, but Cameron and his friend appeared sober and had denied having taken drink. The Magistrate said that he did not feel inclined to convict an otherwise decent young fellow who, substantially innocent, got involved with half-drunken youths. He dismissed the charges against Cameron.

As it turned out, they picked on someone who was more than capable of looking after himself. A more mature person might have walked on past, but that was not in his make up. He thought Cameron might do that next time. The Magistrate told Gardiner that the only thing in his favour was that he had given a true account of what had happened and had not attempted to lie his way out of it.

(Before Mr Raymond Ferner, S.M.)

NINETY-NINTH CONVICTION Henry Barrett, aged 78, a war pensioner, pleaded guilty to a charge that •on March 19, at Christchurch, he was idle and disorderly and placed himself in a position in Manchester street to beg; He was convicted and sentenced to 14 days’ imprisonment. 1 Sergeant H. McLean said that police officers had kept Barrett under observation for 20 minutes and he approached four persons. He had told them that he was just out of hospital and was out of money. Barrett had said later that he had come from Timaru where he had a pension owing to him. Because of accused’s drunken habits the Social Security Department required that an agent draw the pension for him. The Salvation Army collected the pension for him. Barrett had 98 previous convictions. The Magistrate said that Barrett seemed never to learn. This was his ninety-ninth conviction in 38 years. He could not say how many times Barrett had been sent to gaol. He had outstayed his welcome everywhere. Barrett did not need to beg. YOUTH SENT HOME

Evan Stewart James Watson, aged 17, who had earlier pleaded guilty to a charge that on March 17 at Christchurch he was idle and disorderly, was admitted to probation for two years. The Magistrate said that a condition was that he return to his home at Mataura and not leave Mataura without the probation officer’s permission. IDLE AND DISORDERLY

Ann Heremaria, aged 18, was admitted to probation for two years when she appeared for sentence on a charge that she was idle and disorderly at Lyttelton on March 3. The Magistrate ordered that Heremaria return to her parents in Auckland immediately. INDECENT SUGGESTION

Sydney Melville Chirnside. aged 24 (Mr W. G. P. Cuningham), pleaded guilty to six charges that between September 18, 1957, and February 18, 1958, he made indecent suggestions over a telephone, and to a charge that on September 26, 1957, he gave a wilful and fictitious order over a telephone to the Dawn Drapery. Senior Detective-Sergeant J. B. McLean, who prosecuted, said that the police had received complaints that an unknown man had made fictitious telephone calls to Flair Fashions, Ltd., the Eileen Rose Drapery and Dawn Drapery, had spoken of women’s underwear and had made indecent suggestions. On September 26 a man had given a fictitious order for women s underwear by telephone to the Dawn Drapery. The accused, when interviewed, had admitted the offences.

The Magistrate remanded Chirnside for a report from the probation officer and fdt sentence, to March 27, and fixed bail at £lOO in his own recognisance, with a surety of £lOO. He ordered him to report daily to the police. THEFT OF MONEY

Peter Albert Wright Delany. aged 24, pleaded guilty to a charge that on March 16 he stole £22 10s in money, the property of Brian David Sparks, at Balmoral State Forest. He was remanded to March 27 for sentence. The Magistrate asked for a report

from the probation officer. Bail was refused. STOLE CHEQUE Daniel John Cooper, aged 21, was remanded for sentence to March 27 on a charge that on February 28 he stole a cheque, valued at £29 12s, the property of Ronald Cooper. Cooper pleaded guilty. , Sergeant McLean said that Cooper had asked at the Christchurch Post Office for a letter and was given a letter which was not his. It contained the cheque which he cashed. The Magistrate asked for a report from the probation officer. SHOPLIFTING

Idas Amelia Hazeldine, aged 55 (Mr W. G. P._Cuningham), was convicted and*fined £lO on a charge that on February 28 at Christchurch she stole nylon stockings, valued at 7s lid, the property of Woolworths (N.Z.), Ltd. She pleaded guilty. The Magistrate said that in view of the medical aspect of the case he would find accused Instead of sending her* to prison, but the usual punishment for this type of shoplifting offence was, and would be, imprisonment. THEFT OF STOCKINGS

Basil Raymond Borcoski, aged 21 (Mr P. G. S. Penlington), appeared for sentence on a charge that on March 7 he stole nylon stockings, the property of Woolworths (N.Z.), Ltd., valued at 8s lid. Borcoski had pleaded guilty. He was convicted and fined £lO. Mr Penlington said that this was Borcoski’s first offence involving dishonesty. He had taken the stockings on the spur of the moment and could not say why he took them. UNLAWFUL CARNAL KNOWLEDGE

Arthur Colin Dear, aged 21, a shipyard worker, pleaded guilty to a charge of unlawful carnal knowledge of a girl under the age of 16 years at Wellington on May 8, 1957. He was remanded for sentence to March 27. The Magistrate asked for a report from the probation officer and allowed bail at £lOO in accused’s own recognisance, with a surety of £lOO. He ordered accused to report daily to the police. Sergeant H. McLean said that the girl had been interviewed on January 26 on another matter and said that she had been carnally known by several youths in Wellington during 1957. Seven others were being charged with a similar offence. The girl had admitted being a willing party to the intercourse. FORGED SIGNATURE Alan Russell O’Connor, aged 22 (Mr D. Boyle) pleaded guilty to a charge that on December 13, 1957, at Christchurch he forged a signature on a cheque for £9 16s The prosecutor. Sergeant McLean, said that O’Connor admitted forging the name of his wife on an allotment cheque from the Air Force by which he was employed. O’Connor was separated from his wife and thought that he was entitled to cash the cheque. The Magistrate asked for a report from the probation officer and remanded O’Connor for sentence to March 27. Bail was fixed at £lOO in his own recognisance, with a surety of £lOO, and he was ordered to report daily to the police. ON ENCLOSED PREMISES

Kenneth John Millward, aged 31, a tailor’s cutter (Mr E. Somers), appeared for sentence on a charge to which he had pleaded guilty, that on March 6 he was unlawfully on enclosed premises. He was convicted and fined £lO. ABSENT FROM SHIP

Two seamen who were charged with being without leave from the ship. Rippingham Grange, at Lyttelton on March 19, were both convicted and fined £lO. They were James Keith Fyvie and Gordon John Baker. They pleaded guilty. The Magistrate refused bail, and said that a warrant of distress should be issued forthwith and ordered that they be put aboard the ship and deported. Mr J. R. Woodward who appeared for the Shaw Savill and Albion Company, said that the ship would leave Auckland on April 3. Baker also pleaded guilty to a charge that on March 19 he unlawfully got into a motor-car, the property of George Douglas Seward. that he had been drunk and got into the car to sleep and did not know what he was doing. He was convicted and ordered to appear for sentence if called upon. NAME SUPPRESSED

A man whose name was ordered not to be published in the meantime was remanded to April 3 on a charge that on September 29, 1957, he broke and entered and committed theft in a warehouse. Mr D. J. Hewitt appeared for the man. w a The Magistrate ordered that accused be remanded in a mental hospital for observation and a report on his mental condition. MILITARY TRAINING BREACHES James Edward Sinclair Balloch was convicted and fined £5 on each of four charges arising from breaches of the Military Training Act, three, on September 21, 1957, November 11, and September 9 of failing to attend military parades, and one, on or about October 14 of failing to notify a change of address. The Magistrate said that it was clear that Balloch was a persistent offender. Evidence for the prosecution was given by Lieutenant M. D. Stanley and Constable E. McNamara. REMANDED George Francis Williams, aged 18, was remanded to March 27 on renewed bail on a charge that on February 18, at Christchurch, he stole goods valued at £lO. On renewed bail of £25 in his own recognisance and a surety of £25, James Miller Connell, aged 39 (Mr H. W. Thompson), was remanded to March 27 on a charge that on March 17, at Christchurch, he used obscene language in a public place.

Gavin Edward William Kinsman, aged 29, was remanded to March 27 on charges of stealing goods worth £lO on February 19, and goods worth £9 on February 18, at Christchurch. Bail was renewed. David John Forrester and Earl Franklin Mclvor, both aged 18. who were charged jointly with the conversion of a car, valued at £4OO, the property of Allan Rob-