Magistrate’s Court Man Admits 15 Charges Of False Pretences

Press, Volume XCVII, Issue 28671, 22 August 1958, Page 18

Magistrate’s Court Man Admits 15 Charges Of False Pretences

Pleading guilty to 15 charges of false pretences involving valueless cheques of a total value of £lBB ss, Arthur Blair O’Donahoo ‘Mr R. B. Shand) was remanded to August 28 for a probation officer’s report and sentence, by Mr N. M. Izard, S.M., in • the Magistrate’s Court yesterday.

Sergeant E. S. Tuck said four of the charges related to offences committed in 1950 and the rest to offences committed in June and July of this year. Apart from one in Westport, all offences were committed in the Norths Island. O’Donahoo had cashed valueless cheques totalling £lBB 5s and had received £137 18s 5d in money and a watch valued at £lO. The watch had been recovered but all the money had <been spent. When he was arrested in Christchurch he was booked in at one of the leading hotels. He was single, 37 years of age, and he told the police he was unable to follow his normal occupation as a painter .because of his medical condition, said Sergeant Tuck. ROBBERY CHARGE

The matter- had assumed verj serious proportions and he hac been instructed to oppose bail in the case of Grant, said Sergeant Tuck, when William Grant, aged 26, Samuel Marsden Hopkinsoii, aged 21, two other men and a 19-year-old girl appeared on charges of assault and robbery of £46 from a seaman, Otto Melhorst, on August 16. All except Grant (Mr G. S. Brockett) were given bail at £5O with one surety of £5O and were ordered to report daily to the police. After two hearings in chambers the Magistrate . gave Grant bail at £2OO with one surety of £2OO. “I have considered the matter very carefully and in view of the facts placed before me in chambers I am prepared to release you on bail,” said the Magistrate. Special conditions of the bail were that he continued to work for his present employer, report daily to the police and abstained from alcoholic liquor during the period of remand. “I would not normally grant bail in these circumstances but in view of the situation I am prepared to take the risk,” said the Magistrate. SHOPBREAKING Eight youths who told the police when they were arrested that they had formed a gang to break into business premises in Christchurch, appeared on joint charges of breaking, entering and theft. Five of them, whose names were suppressed, and Barry Edward Crowe, aged 21, were charged with breaking and entering the premises of Stewart Nicholls, 368 Riccarton road, R. A. Weston and Company, Ltd., 96 Byron street, and Q.S.D. Firewood Supply, 3 x Waimairi road. All but one pleaded guilty to the charges. Five were charged with breaking, entering and committing theft at the premises of the Woolston R.S.A. clubroom, Ferry road. One pleaded not guilty. All were remanded to August 28. Bail was renewed. ASSAULT ON WIFE

Malcolm McPherson, aged 52, told the police he would be one of their regular customers as he intended to continue assaulting his wife whenever he could, said Sergeant Tuck, when McPherson appeared on a charge of assaulting his wife, Elizabeth McPherson, on August 15. McPherson was convicted, and fined £5. On the application of the police a further charge of using obscene language was withdrawn. Sergeant Tuck said McPherson was legally xseparated from his wife and the assault had taken place in the street. He had pulled her off her bicycle and hit her about the body and face. After he was restrained by neighbours, the police were called and McPherson told the police he wished he was stronger so that he could give his wife a good hiding; Mr W. F. Brown, for McPherson said there was a long history of domestic trouble and there had been much provocation. McPherson was unstable mentally and in the face of taunts from his wife he finally lost control of himself. The Magistrate said it appeared to be an unfortunate domestic trouble which ended with blows. In view of McPherson’s situation and the provocation alleged he would fine McPherson. WILFUL DAMAGE

Mark Huston, aged 21, was ordered to pay a fine, Court costs and restitution totalling £3l 13s when he was ’convicted on a charge of wilfully breaking a window of a Christchurch Transport Board bus and damaging passengers’ clothing on May 17. The prosecution said that Huston had thrown a sample bottle of oil at the bus outside the Industries Fair. The bottle broke a window of the bus and the oil spattered over passengers’ clothing. When questioned he admitted the offence and said he had thought the bottle was made of plastic, not glass. Huston was fined £lO and ordered to make restitution of £l5 13s. When asked he told the Magistrate he would not need time to pay. FALSE PRETENCES

Trevor Lauritz Ewart, aged 20, was sentenced to Borstal training after being convicted on two charges of attempted false pretences at Christchurch on August 8 and another charge of failing to comply with the conditions of a probation order. Jointly charged with Ewart on the first two charges, Arthur Le Breton, aged 19. was admitted to probation for two years. PROHIBITED PERSON On a charge of being found on the Riccarton racecourse on August 2 when he was an excluded person, Sydney Reginald Thorpe, aged 38, was convicted and fined £5. Detective-Sergeant F. G. Pine said that Thorpe, in May, 1956. was convicted on a charge of assisting in the conduct of a gaming house. LICENSING OFFENCES Uipo Veu, Tau Ta Alogo, Tapan Mataia and Claude Petera Howe were each fined £3 for being found in the yard of the Imperial Hotel after hours on July 4. REMANDED Sam Repia (Mr B. J. Drake) was remanded to August 28 on a

charge of housebreaking _and theft on August 12. “ ' Graham Leslie Park, aged 22 (Mr D. H. Stringer), and, Harry John Vickers, aged 19, charged with the theft of 50 gallons of petrol from the Isaac Construction Company, Ltd., were remanded to August 28. Bail was renewed Un both cases.

Edward Morris Hardy, aged 25, was remanded in custody to August 28 on a charge of converting a car valued at £9O on August 12.

A man whose name was suppressed and for whom Mr W.' F. Brown appeared was remanded to August 28 on a charge of unlawful carnal knowledge of a girl under the agejaf 16. Bail of £so,"with one surety of £5O, was granted. Raymond James Dawe, aged 18, and Brian Patrick Cummins, aged 18, were both remanded to ’August 28 on a joint charge of the theft of an overcoat and two travelling rugs valued at £l2 on August 20. Bail was not sought. Ivan Francis Dolan (Mr G r -Las- I celles) was remanded to August' 28 on a charge of attempting to, steal four gallons of petrol valued at 16s 8d at Christchurch on August 19. Bail was renewed. (Before Mr A. P. Blair, S.M.) GAOL FOR THEFT Lester Cyril Needham, aged 27 (Mi L. G. Holder) was sentenced to three months’ imprisonment on a charge of theft valued at £5 on July 4. Needham was appearing for senfence. Needham had a fairly extensive list of previous convictions, but the present offence was not as bad as it first looked, said Mr Holder. Needham had taken £5 from the till of Scott Brothers, intending just to borrow the money. It was a stupid thing to do. “Since 1952 you have been convicted for three serious offences, two of them involving dishonesty,” said the Magistrate to Needham. “You have been given a chance but you have not heeded the warning. You are eligible for corrective training and if you offend again it is very likely that this will be imposed.” CIVIL COURT - DAMAGES OF £7O In a claim for damages William Osmyn Haigh, a builder (Mr P. Feenstra) was given judgment for £7O against Derek James Case, a carpenter (Mr B. S. McLaughlin). Haigh, the plaintiff, alleged that when he bought a car from Case, it was claimed that the car. a 1938 model, had a 1948 engine and that its mileage was 44,000. Both these representations were false and Haigh had been forced to pay £7O for repairs which would not have been necessary had the representation been correct. The amount of the original claim was £220. (Before Mr E. A. Lee, S.M.) JUDGMENT FOR PLAINTIFF Judgment was givep for Allan Cordner Midgley, the plaintiff, a motor dealer (Mr H. E. Blank), for £4O 5s in a claim against Eric William Sykes, a fruiterer •Mr L. J. Steel). Midgley claimed £5l 15s 8d for the balance owed by the defendant for a motor truck sold in January, 1958.

Sykes said that when he bought the truck he was under the impression that it was a 194? model and in reasonable condition, wheteas it was a 1936 model and failed to get a warrant of fitness two weeks after he had bought it. The truck also had a Christchurch City Council warrant of fitness when it should have had a certificate of, fitness from the Transport Department as its unladen weight was more than two tons, said Sykes. Midgley stated that he had sold the truck to the defendant for £155 and had accepted £6O as part payment and had also allowed £55 on a tfade in of another truck provided that the defendant paid for a new warrant.

Tbe Magistrate awarded Midgley £4O on the balance owing on the truck and 5s for the cost of a warrant of fitness for the trade in. CLAIM AND COUNTER-CLAIM R. J. Pask and Company, grain and seed merchants (Mr A. C. Perry, was awarded £3O 12s 2d in a claim against the AttorneyGeneral (Mr P. Feenstra), for the cost of repairs to a traveller’s car involved in an accident with a Post and Telegraph car on August 4, 1956, near the corner of Deans avenue and Riccarton road.

The company claimed £45 18s 4d, and a counter-claim for £7 for damage sustained by the Post and Telegraph car was entered. The department was awarded £2 6s 8d on the counter-claim. The 'Magistrate attributed the collision to slight negligence on the part of both drivers, of which he apportioned one-third to the plaintiff and two-thirds to 'the defendant.