Magistrate’s Court Two Men To Stand Trial On Frequenting Charge

Press, Volume XCVIII, Issue 28794, 15 January 1959, Page 5

Magistrate’s Court Two Men To Stand Trial On Frequenting Charge

Evidence that one of the defendants, chased by a police officer’s car in the early hours of December 7, had jumped into the Avon river and struggled across to the other side into Hagley Park, where he made the escape, was given by a detectiveconstable in the Magistrate’s Court yesterday. John Albert Arthur, aged 39, and Charles Wallace Crone appeared before Messrs P. A. Le Brun and R. H. Harris, Justices of the Peace. They were charged that, being deemed to be rogues and vagabonds who were suspected persons, they frequented a publie place in Victoria street with felonious intent Arthur was represented by Mr H. S. Thomas and Crone by Mr S. H. Wood. Senior-Detective-Sergeant J. B. McLean prosecuted for the police. Both men denied the charge, and elected to be tried before a jury. They were committed to the next session of the Supreme Court in Christchurch for trial. Bail was granted in their own recognisance of £lOO, with two sureties of £ 100 in each case, and they were ordered to report daily to the police. Detective-Constable A. C. Lynskey said he was driving home after duty at 2.30 a.m. on December 7 when he saw two men walking slowly along Victoria street towards him. He was suspicious of the men and when he drew level with them near the Victoria Service Station he saw that they were the defendants, “who are well known to me.” Witness said he continued along Victoria street, keeping the defendants under observation in his rear-vision mirror, and saw that they stopped outside the Victoria Service Station. He turned back and saw the men move on towards the city, then turn into Dorset street.

The witness said he followed them and looked in streets in the vicinity fpr their car. When he looked back he could not see the men. The only place could have gone was into private yards in Dorset street. Thinking he had lost them he went back to his car and turned into Victoria street where he saw the defendant Arthur outside the service station, and Crone 50 yards ahead of him. “I parked my car in another street and walked back to the corner of Victoria street, and peering round the corner I saw the defendant Arthur looking towards me. I watched him for a short while and then walked towards him, and as I approached he ran into an alleyway and I heard him go over a fence into a private property,” said the witness. Witness then returned to his car and after driving round a short block he saw Arthur running 200 yards ahead of him along Park terrace, with the other defendant a few yards ahead. “I lost sight of Crone as he went over the Carlton Mill bridge, but continued following Arthur along the river bank,” said the witness. “He had gone about 50 yards when he plunged into the river and struggled across to the other side, disappearing into Hagley Park.

“I sang out ‘Come back Jack,’ but he continued on: I did not go through the river myself,” he said. The witness later returned to the Central PolTce Station and with other officers returned to Park terrace where they stopped Arthur’s truck, which was being driven towards them by Crone. He was asked to accompany them to the police station, where he was interviewed. Detective - Constable Langley said he went to Arthur’s house at 7 a.m. that morning, with De-tective-Sergeant T. Thomson and other officers, to conduct a search. Detective - Sergeant Thomson asked the defendant where he had been earlier that morning and he replied: “You ought to know me by now, Tommy. 1 don’t make statements,” said the witness. He told the officers he had been home all night. Underclothing, a shirt and a pair of socks “which appeared to have river slush on them” were found in a washing machine, said the witness. Donald Cashion, a truck driver formerly employed as a bowser attendant at the Victoria Service Station, gave evidence of return-

ing to the service station on the Sunday after the alleged offence. He found that the door catch to the premises had been damaged and broken. There was money in the office safe at the time. To Mr Thomas he said the door had been damaged a week before the alleged offence. He presumed the damage had been caused by someone trying to enter the premises previously. (Before Mr N. M. Izard, S.M.) UNDER-SIZE CRAYFISH Edwin Boyd Boyd-Wilson, a dentist, was convicted and fined £3 on a charge of having in his possession crayfish less than 10 inches in length, at Le Bons Bay on September 7, 1958. Mr J. G. Hutchison, counsel for the defendant, entered a plea of guilty. Appearing for the Marine Department, Mr P. F. Feenstra said the defendant had told an inspector of the department that he was staying at a bach at Le Bons Bay, and had gone out to catch himself a meal as he was hungry and could not buy any meat on a Sunday. “Is he still going hungry?” asked the Magistrate. “I do not know sir,” replied Mr Feenstra. “I am instructed to say that the defendant did not require the crayfish for food,” said Mr Hutchison. \ He submitted that the defendant was spending a holiday at Le Bons Bay and, when out fishing, caught some large and small crayfish and some with eggs. The defendant tossed some of the smaller crayfish and i.iose with eggs back into the sea and was about to throw the last of them back when his boat started to move in towards 4 he rocks, counsel said. It was not until he had finished putting the boat in order that he discovered he still had some small crayfish, said Mr Hutchison. He considered it was too dangerous to take the boat out to sea again and thought that if he had put the crayfish back into the surf they would have drowned, Mr Hutchison said. The defendant then put the crayfish into the back of his utility vehicle. “I accept counsel’s explanation. This is regarded by the department as a serious offence,” said the Magistrate convicting BoydWilson and imposing a fine of £3. REMANDED Charles Edward Aspinall, alias Frederick Scofield, was further remanded to Monday February 2, on a charge of deserting from the motor vessel, Rangitata, at Wellington on October 22, 1953. Bail was renewed.