Magistrate’s Court YOUTH ACQUITTED ON RECEIVING CHARGE

Press, Volume XCVIII, Issue 28801, 23 January 1959, Page 11

Magistrate’s Court YOUTH ACQUITTED ON RECEIVING CHARGE

“Vague, and, at times, conflicting, evidence” by the principal witness in a charge of receiving stolen money preferred against Graham Knox Barron, aged 18 (Mr J. G. Hutchison) was criticised by Mr Raymond Ferner, SM, in the Magistrate’s Court yesterday. He dismissed the charge. Charles Norman Giblin, a Ministry of Works employee, said that he had had £65, in six £lO notes and one £5 note, stolen from his upstairs room at 282 Hereford street while he was asleep on the evening of December 22. There had been a party downstairs in the building when he went to bed. He had no idea who had taken the money, which had been in a Wallet beside his bed. The next witness, David Charles Gilbert Lawrence, said that he was on two years’ probation, after being convicted for the theft of the money from Giblin. On the evening of December 22 he had been at the party downstairs and had a fair amount to drink. He had gone upstairs into a room, and had taken the wallet. When he found it contained £65 he had called Barron out of the room and had given him £35. “Why did you do that?”asked Sergeant V. P. F. Townshend, the police prosecutor. Lawrence replied that he had he owed Barron £2O. He had given him £lO, to give to witness’s mother when Barron went to Wellington the following evening, and the other £5 was a gift to Barron. Later Lawrence said Barron had asked for the extra £5. Lawrence said that he had told Barron he had found the wallet, but did not say where. Barron did not know he had been upstairs. Under cross-examination he said, that he had told Barron the money was stolen, and they had both gone to two piecarts, the White Hart hotel and a service station to change the £lO notes, which they thought might be traced. Mr Hutchison said that the evidence of Lawrence should be approached with the greatest of circumspection, as it had been inconsistent and thoroughly unreliable. For conviction on a charge such as this there must be more than the evidence of the thief. “I am not satsified that the evidence is satisfactory,” he said. The charge was dismissed. FIGHT IN THEATRE A fight in ’ the front of the Tivoli theatre on October 17, 1958, led to the appearance of Bren Douglas Claridge, aged 19, an assistant photographer (Mr B. A. Barrer) on a charge of disorderly behaviour. Claridge pleaded not guilty. Peter John Shannon, aged 15, said that he had gone to the Tivoli Theatre on the night in question with four friends. After the interval he had heard the sounds of an argument between one of his friends and the defendant, but he could not dis- • tiriguish the words. He had heard* a yell, and the two youths had started fighting, both exchanging blows. “You would agree that your friend was the aggressor?” said Mr Barrer. Shannon said he would. Claridge said in evidence that he had gone to the theatre by. himself. After the interval a youth sitting one seat away from him had gone out, and in coming hack had stood on his foot. He had not seemed in hurry to get off. When spoken to, the youth had shifted, and had then started an argument, inviting him outside for a fight. Sergeant Townshend said that the other youth would be appearing in the Children’s Court on a similar charge. “I do not propose to convict on this charge,” said the Magistrate. “The defendant was not the aggressor in this matter, perhaps he did not react ideally, but he did have provocation.” The charge was dismissed. TRAFFIC OFFENCES The following fines were imposed for traffic offences, in charges brought by the Transport Department:— . . Exceeding 30 miles an hour. Stephen Lovell Morris. £2(no safety helmet, £5): Alfred Ben Parke, £3; Douglas Mervyn Suter, £2. Failing to keep to the left. Alan Stanislaus Dobbs, £8 (no warrant of fitness, £2). , Riding a cycle three abreast: Frank Arnold Wetherall, £2. Wrong class of driver’s licence: Mervyn Clifford Borland, £2. Driving in dangerous manner: Bryan Charles Leatham, £lO, licence cancelled for one year (no drivers licence, £8). REMANDED A young man, whose name was suppressed, was remanded under the Mental Health Act to appear in Greymouth on March 18 for sentence on a charge of indecent assault on a female. (Before Mr N. M. Izard, S-M-) ILLEGAL IMMIGRANT Appearing on a charge of being an illegal immigrant, Peter John Chapman, aged 29 (Mr G. S. Brockett), was remanded in custody to January 29, to enable travel documents to be obtained so that he could leave the .country. Mr P. F. Feenstra appeared for the Customs Department. BICYCLE THEFT Charged with stealing a bicycle valued at £lO from behind a shop on September 6, Ronald Desmond French, aged 21, a painter, was convicted and fined £lO. Sergeant E. S. Tuck said that parts of the bicycle had been given by French to his younger brother and some had been buried in his garden. An order was made for the return of the recovered parts. FINED £lO Eliza Mary Murphy, aged 50, a married woman (Mr R. G. de Goldi). was fined £lO for stealing goods valued at £2 19s 8d from Woolworths, Ltd., on November 11. NAME SUPPRESSED A man, whose name was suppressed in the meantime, was re- • manded to January 29 on charges of negligent driving, causing death, failing to report an accident, and failing to render assistance to an Injured person. Bail was renewed. REMANDED Charged with breaking and entering and committing theft at New Brighton on December 6, William Charles Kidd was remanded to January 29. Bail was allowed at £lOO in his own recognisance and one surety of £lOO. George Edward Holden, aged 20 (Mr W. F. Brown), who pleaded guilty to stealing £7O from a subpost office at Redcliffs, was remanded to January 29 for a probation officer’s report. Sergeant Tuck said that Holden had been employed in a grocery shop which was run in conjunction with the post office. From December 22 deficiencies were discovered in the ■ accounts of the post office, and when Questioned Holden admitted stealing £5 and £lO notes from the tilL All the money had been recovered. Granting Holden bail of £5O in bls

own recognisance and a surety of £5O, the Magistrate declined an apphcation for the suppression of his On a charge of forgery, John William Aubrey Simpson was remanded to January 29 on bail of £5O in his own recognisance and a surety of £5O. Alfred Thomas Boddington, aged 55, was remanded in custody to January 29 on a charge of committing an unnatural act. Lionel Frederick Tlmmings was remanded to January 28 on a charge of breaking and entering. BIGAMY CHARGES Alan Gerald Ridgley, aged 29 (Mr B. J. Drake), and Dorothy Kathleen Whitlock (Mr W. F. Brown), who pleaded guilty to a charge of bigamy, were remanded to January 29 for probation officer’s reports. Ridgley was also remanded on a charge of stealing golf clubs and bags valued at £7 10s. Senior Detective-Sergeant J. B. McLean said that while inquiries were being made into the alleged theft it was learned that Ridgley had contracted a bigamous marriage. His legal wife was in a mental institution and he had been unable to obtain a separation agreement. He had married Whitlock at the Christchurch Registry Office on November 28 after telling her that he was already married. Whitlock was allowed bail at £5O in her own recognisance and a surety of £5O, and Ridgley at amounts of £lOO COSTLY MEAL William Guilder’s refusal to pay for a 7s 6d meal in a city restaurant cost him a £5 fine when he was charged with obtaining credit by fraud. Later the same evening he was arrested for drunkenness tor which he was fined a further £l, in default 24 hours gaol. He pleaded guilty to both charges and was represented by Mr J. B. Stringer, who submitted that Guilden had no recollection of going into the restaurant. The Magistrate ordered Guilden to make restitution of the 7s 6d owing to the restaurant. ILLEGAL LOTTERY TICKETS Arrested for selling illegal lottery tickets in a hotel, Patrick Dennis Canovan, aged 44, told the police he was trying to earn money to supplement his invalidity pension. He admitted that the tickets were for a fowl that was being raffled but refused to name the person tor whom he was selling the tickets. Canovan was convicted and fined £lO. BREACH OF PROHIBITION Leonard Albert Clydesdale and Romulus Walter Lilley were convicted and fined £3 and £5 respectively on charges of procuring liquor while subject to a prohibition order. LICENSING CHARGES Eleven men who were found on the premises of Tattersall’s Hotel after hours on November 21 were each convicted and fined £3. They were Jack Arthur, Thomas Ball, Harry Dunn, Wilford John Dellow, Lawrence Eustace Graham, Norman Hobbs, Rodney Earl Huston, Barry Laughton, Arthur William Parish, Richard Douglas Route, and Ronald Jorgensen. According to the evidence, while a police sergeant went in the front of the hotel and took the names of men in the bar, three constables apprehended other men. who attempted to leave by a side alley. One man told a constable he had come to the hotel to see a barman named “Paddy,” and got caught up in the rush to escape when the police arrived. Others caught in the alleyway admitted they had escaped from the bar. “I think it was what could be called a ‘fair catch’,” commented the Magistrate. George Ross, a barman, and Cyril Harding, licensee of the Black Horse HoJeL were . convicted and fined £3 and respectively for supplying liquor to Allan Sedley Halliday, a person under the age of 21. Halliday was convicted and fined £2 for purchasing liquor when under age and £2 for being found on licensed premises after hours. \ Charged with being found on licensed premises after hours, Brian Samuel Climo was fined £2, Barry G° hn n I £i y and JolW .Po u <kw For .being in possession of liquor near a dance hall, William Barrie Cook was fined £3. ASSAULT CHARGE FAILS “I am satisfied that the defendant had been more than sufficiently provoked than he needed to be to take sufficient measures to keep trespassers off his property. I am certainly not prepared to convict on this charge,” said the Magistrate, dismissing a charge of assault against Julius Alexander Louwinger. Louwinger (Mr B. J, Drake) pleaded not guilty. Mervyn Henry Campbell, aged 16, said that as he started to walk on to a private right-of-way, Louwinger had hit him across the thigh with a piece of wood. “When I got up he hit me on the face," Campbell said. Constable R. G. Gargett, of Papanui, said that he had examined Campbell soon after he had been called, and could find no evidence of serious injury. Campbell had said he did not require medical attention. Dismissing the charge, the Magistrate said it was obviously the culmination of a long period of trouble between Louwinger and trespassers on his right-of-way. CHARGE DISMISSED Charges of supplying liquor to a minor against lan Harold Roberts, licensee of Warner’s Hotel, and John Joseph Daniel Lafferty, a barman, of Warner’s Hotel, were dismissed. Mr D. H. Gould represented both defendants and entered a plea of not guilty. “I have seen the man whom Lafferty served and I am prepared to give Lafferty the benefit of the doubt,” said the Magistrate, dismissing the charge. He then dismissed the charge against Roberts.