Magistrates Court Man Ordered To Pay Costs On 12-Year-Old Charges

Press, Volume XCVIII, Issue 28971, 12 August 1959, Page 7

Magistrates Court Man Ordered To Pay Costs On 12-Year-Old Charges

A man, who falsely represented four cheques as valid in Auckland 12 years ago, had been sufficiently punished by the “cloud of fear” hanging over him during that time, submitted his counsel, Mr R. G. Lascelles, in the Magistrate’s Court yesterday. James Fergus Baxter, aged 37, who appeared for sentence before Mr A. P. Blair, S.M., on five charges of false pretences and one charge of wilfully making a falss declaration under the Marriage Act, was convicted and ordered to pay Court costs and restitution of £29 9s 4d.

Mr said that Baxter had given way to temptation after he found a cheque book during a period of his life when he drank too much. After committing the offences he came to Christchurch where he got a job, married under a false name, and had since had a family.

The Magistrate said the Court would always help a man who was trying to rehabilitate himself. ATTEMPTED THEFT t “I had a go but I got caught. I’m sorijy I was broke and I had to get some money,” said a man who was found lying across the counter in the bottle store of the New Wellington Hotel reaching for money in the open till, according to a police statement. Michael Cahill Forde, aged 34, a workman, was remanded in custody to August 17 for a probation officer’s report and sentence, when he pleaded guilty to a charge of attempting to steal £B, the property of Charles Roy Hartshorne, on August 10. REMANDED x Trevor Alexander Anderson charged with forgery at Waiau on August 7, was remanded to August 17. Anderson did not apply for bail. TRAFFIC CHARGES In prosecutions brought by the Traffic Department of the Christchurch City Council, the following were fined:— No warrant of fitness. The Fletcher Engineering Company Ltd -’ £3; Alan Keith Perkins, £l. Double; parked: Murray Frederick Hartman, £4; Brian Robert Winskill. ~,F j ° Power-cycle on footpath: Wilfred Leslie Ivin, £l. Overloaded vehicle: H. S. Righton, £5 (exceeded axle limit, costs: exceeded limitation of load fixed by certificate of fitness, costs). Drove without due care and attention: Arnolds Elizabeth van der Toorm, £4; James Stewart Hampton. £lO.

Failed to produce driver’s licence: Daniel John Cooper, £3 (insufficient lights, £2; no warrant of fitness. 10s).

Failed to give way at pedestrian crossing: Rodney William Ewen. £3. No front bicycle light: Graham Bruce Gillion, £1 (no rear red light. 10s).

Exceeded 30 miles an hour: Maxwell Roderick Lindsay, £1 10s (no safety helmet, £1 10s); Colin Wooton, £4 (failed to produce driver’s licence, £3). Failed to give way to the right: George Reed, £3; Peter Harle Whitehead, £3; Sophia Williams. £4.

Parked within three feet of another parked vehicle: John Sugrue, £2.

Goods service vehicle parked at night without red light* ’ Leonard Maurice Swan, £2. No safety helmet: Otven Errol Webber, £2 (exceeded 30 miles an hour, £2). Used vehicle so loaded as liable to cause injury: Reginald Clarence Griffin, £5.

Parked in expired meter space Henry Zukerman, costs only.

CIVIL CASES (Before Mr E. A. Lee, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses:— C. Nielson co pay Martin Ormandy, Ltd., £35 15s sd, in default 36 days' imprisonment, warrant suspended while £2 a week is paid; Leonard Ernest Clemens to pay Lake and Lake £39 0s lid, in default 40 days’ imprisonment, warrant suspended while £2 a week is paid; Terry James Large to pay Commissioner of Inland Revenue £79 10s lOd, in default 80 days’ imprisonment, warrant suspended while £3 a week is paid; i Edwin Charles Batt to pay Commissioner of Inland Revenue £ll 6s Id, in default 12 days’ imprisonment, warrant suspended while 5s a week is paid; James Duncan Austin to pay Commissioner of Inland Revenue £3l 9s lid, in default 32 days’ imprisonment, warrant suspended while £1 10s a week is paid; W Clifford to pay J. A. Kane £123. tn default three months’ imprisonment, warrant suspended while £2 a week is paid; Walter J. Cook to pay John Shields Park £5 Is Bd, in default six days’ imprisonment: M. Strange to pay Kowhai 'Floral Service £2 2s 9d, in default three days’ imprisonment; G. Spriggs to pay Dailey’s Grain and Produce Stores, Ltd., £4 18s 6d, in default five days’ imprisonment; C. H. Close to pay Battery Distributors, Ltd., £lO Is 2d, in default 10 days’ imprisonment; Alister, McMillan to pay Butterfields, Ltd., £5 5s Bd, in default six days' imprisonment; F. N. Lancaster to pay Scotts Furnishing Company, Ltd., £lO 9s, in default 11 days’ imprisonment, warrant suspended while £2 a week is paid; B. Caldwell to pay Blenheim Road Garage, Ltd., £lO 6s lOd. in default 11 days' imprisonment; B. D. Caldwell to pay Hampton Tyre Company. Ltd.,

£l3 10s. in default 14 days’ imprisonment, warrant suspended while £2 a week is paid, D. Trowbridge to pay S. A. Hern £34 15s, in default 35 days’ imprisonment, warrant suspended while £2 a week is paid; C. W. Dorn, trading as Linwood Radio and Electrical Service, to pay Weeks, Ltd., £7 14s, in default eight days’ imprisonment; M. R. Walker to pay Roy Twyneham and Son £9 7s, in default nine days’ imprisonment; William Rex Andrews to pay Ernest Hayes (New Zealand), Ltd., £6B Ils, in default 70 (lays’ imprisonment, warrant suspended while £2 a week is paid; L. Graham to pay Beath and Company, Ltd., £23 2s, in default 24 days' imprisonment, warrant suspended while £2 a week is paid; K. E. Nicholls to pay Beath and Company, Ltd., £l4 17s 4d, in default 15 days’ imprisonment; J. Clarke to pay McCalls Electrical, Ltd., £26 ss, in default 27 days’ imprisonment, warrant suspended while £1 a week is paid; C. W. Haines to pay Retrac Engineering Company, Ltd., £93 12s 6d, in default three months’ imprisonment, warrant suspended while £1 a week is paid; S. Leggatt to pay Hay’s, Ltd., £5 Is 4d, in default six days’ imprisonment; C. M. Davies to pay Victoria Furnishers. Ltd., £B9 12s 4d, in default three months’ imprisonment, warrant suspended while £2 a week is paid; T. Hurrell to pay D. J. Patchett £23, in default 24 days’ imprisonment; Albert Jackson to pay Max Cheshire, Ltd., £25 Os 2d, in default 27 days’ imprisonment; T. R. O’Connor to pay North Canterbury Hospital Board £4 14s, in default five days’ imprisonment; G. G. Smith to pay North Canterbury Hospital Board £4 ss, in default five days’ imprisonment; D. O. Hall to pay D. G. Robson £3, in default four days’ imprisonment; J. V. Kiddey to pay K. S. Hill £l3 Us 9d, in default 14 days’ imprisonment; P. R. Close to pay G. J. Williams £7 3s, in default eight days’ imprisonment; C. Bryant to pay A. H. Currie £4 7s 6d m default five days’ imprisonment; C. G Amor to pay P. Mahars, Ltd.. £ll Is 3d, in default 12 days’ imprisonment, warrant suspended while 10s a week is paid; Frances A. Stempa, trading as Modern Products, to pay Skellerup Sales, Ltd., £4 5s 9d, in default four days’ imprisonment; Kevin S. Hanifin, trading as City Electrical, Ltd., to pay Skellerup Sales, Ltd., £8 9s 2d, in default nine days’ imprisonment; Stanley Alexander Leaman to pay State Coal Depot £6 Us 9d, in default seven days’ imprisonment; Phillip J. Cameron to pay State Coal Depot £3 4s, in default three days’ imprisonment; D. Campbell to pay Fletcher Humphreys and Company, Ltd., £6 9s 6d, in default seven days imprisonment; R. Patrick to pay Aranui Properties, Ltd., £8 15s 4d, in default nine aays imprisonment; Clarence Morgan Davies to pay W. A. McLaren and Company, Ltd., £l3 5s 6d, in default 14 days’ imprisonment, warrant suspended while £1 a week is paid; D. A. Harvey to pay Bowman Beattie Motors, Ltd., £4B 10s 6d, in default 50 days’ imprisonment, warrant suspended while £2 10s a week is paid; B. D. Caldwell to pay Technical Books. Ltd., £4 4s 2d, in default four days’ imprisonment; David Ball to pay Gordon Ronald Lawrie £l3 5s lOd, in default 14 days’ imprisonment, warrant suspended while £2 a week is paid; D. H. Norton to pay M. and M. C. Faherty, trading as Dunollie Store, £2l 18s, in default 22 days’ imprisonment, warrant suspended while 10s a week is paid; J T Gamblin to pay T. G. Cutler £43 7s lOd in default 45 days’ imprisonment, warrant suspended while £2 5s a week is paid; Desmond William Le Vavasour to pay Commissioner of Inland Revenue £7 18s id, in default nine days’ imprisonment; Stanley Hill to pay Commissioner of Inland Revenue £5l 0s 3d, in default 52 days’ imprisonment warrant suspended while £2 a week is paid; John Savage to pay Cranleigh Harper Barton £6O 12s 4d, in default 60 days’ imprisonment, warrant suspended while 10s a week is paid; A. E. Hobman to pay A. Clifford £45 ss, In default 46 days’ imprisonment, warrant suspended wh.le 10s a week is paid. DAMAGES AWARDED (Before Mr E. A. Lee, S.M.) Driving along Bridge street. South Brighton, about 7.30 p.m. on October 25, 1958, Ronald Leslie House hit a bump in his firm’s light van. Further on he hit another bump and the van overturned, it was stated during the hearing of a civil claim. As a result of damage, the owner of the van. Printers’ Linotype Service, Ltd. (Mr E. B. E. Taylor), was awarded £lBl 4s lOd for repairs, £2O for depreciation, and £3 16s 6d for petrol, from a drainlayer. N. J. Nankivell (Mr K. W. Frampton). House, a director and employee of Printers’ Linotype Service, Ltd., was awarded £75 damages for injuries which put him off work for two weeks, and caused a scar on his nose anfi chin. It was claimed that Nankivell had been constructing a drain to a property on the south side of Bridge street, and the filling of the drain had been left .so that there were two ridges of soil some six to 12 inches above the road surface.

House said ffiat the obstructions were not lighted, and there was no warning sign. To Mr Frampton, House admitted having four beers at an hotel between 5.45 p.m. and 6 p.m. He denied that his speed was excessive, as he had stopped at a compulsory stop sign a short distance away. The Magistrate said that although it was common practice for drainlayers to top up drains several inches above the roadway, leaving them for traffic to compress, if an accident occurred, the drainlayer was to blame unless there was contributory negligence. Circumstances in this case suggested that the complainant was speeding, but it had not been proved.

He was satisfied that the ridges constituted a danger, but there was evidence that the complainant was not keeping a good enough look out, said the Magistrate. He would accord three-quarters of the blame

to the defendant and a quarter to the complainant. In awarding damages to House, the Magistrate said that House was entitled to £lOO, but because of his quarter share of contributory negligence, it would be reduced by £25.