Magistrate’s Court Youth Spat Through Car Window On To Constable

Press, Volume XCIX, Issue 29363, 16 November 1960, Page 13

Magistrate’s Court Youth Spat Through Car Window On To Constable

i While Constable G. H. Hale was about to pull out from the i kerb in Manchester street, near Lichfield street, on November 14, I Gilbert Royston Loader, who was’ a passenger in another car, spat through the open window on to the constable’s face, said Sergeant T. A. Marson in the Magistrate’s Court yesterday. Loader, aged 17, a sheet metal worker, pleaded guilty before Mr A. P. Blair, S.M.. to charges of behaving in an offensive manner and obstructing Constable Hale in the execution of his duty. He was remanded to November 22 for sentence. Bail of £5O in his own recognisance, with a similar surety, was allowed. Sergeant Marson said Constable Hale followed the other car until he was able to stop it in High street. When questioned Loader told Constable Hale he did not mean to spit at him, and that it iyas an accident. Loader refused to give his name, however, and obstructed the constable by telling his friend not to produce his driving licence when asked to, said Sergeant Marson. He said Loader might have spat through the window accidentally. Tibor Pataky, aged 23, a fitter and turner, the driver of the car, pleaded not guilty to a charge of assault on Constable Hale when he twisted the constable’s arm after the constable had reached inside the car to take the ignition keys. Pataky (Mr P. J. B. Brandford) said that he was annoyed at Constable Hale “smashing” his car when he cut him off and did not recognise Hale as being a constable. The Magistrate dismissed the charge. On a charge of using obscene language, Pataky was fined £7. He pleaded guilty. WITHDRAWN When Albert Edward Dawson was called to face a charge of false pretences, Sergeant Marson asked that the charge be withdrawn! as the principal witnesses were now dead. The offence had allegedly been committed in 1941—19 years ago. The charge was withdrawn. OBSCENE EXPOSURE On a charge of obscene exposure in Seaview road on November 12, Frederick Claude Hale, aged 29, a bagger (Mr A. D. Holland), was remanded to November 21 for sentence. He was granted bail of £5O in his own recognisance, with a similar surety. He pleaded guilty to the offence. REMANDED Raymond David Marriott was remanded to November 21 on a charge of indecent assault on a female on November 13. Bail of £5O in his own recognisance,

with a similar surety, was allowed on condition that he keeps away from the complainant family. DISQUALIFIED DRIVERS

For. driving while disqualified on September 11, Anthonv John Howard, aged 18 (Mr H. S. Thomas), was fined £25 and had his period of disqualification extended by one year. The Magistrate said this offence was usually met by imprisonment but he would take into account Mr Thomas’s submissions and the defendant's age. Evidence was given that while Howard was being followed by a traffic officer he changed positions with a girl, who had been sitting in the passenger’s seat, to escape detection. Acting on a oomplaint received by the traffic department. Traffic Officer D. Beattie went to Woolston, where he saw Ivan Stanley Nankivell, aged 35, a workman, drive his car from his home to where he was stopped on Ferry road,, said Senior Patrol Officer J. Brown. NankiveH, who had his driver's licence cancelled for threp years on July 25 when he was convicted and fined £2O for driving while under tile influence of liquor, pleaded guilty to driving whilst disqualified on Ferry road on September 16 and having no warrant of fitness. He said that he had missed the bus and had taken the car so that he would not be late for work.

The charges were adjourned to November 22 for a probation officer’s report and sentence. OTHER TRAFFIC CASES

On other traffic charges brought by the Christchurch City Council, offenders were dealt with as follows:

Exceeding 30 miles an hour: John Alexander Mackay, £4; Paul McPherson Rodrigues, £5; Norman Stuart Barlass, £4; Alfred Bellamy, £3; Robert Edwin Bennett, £3; Thomas Brown, £2; Jack Maurice Brunsdon, £1; Delwin Francis Buckley, £2; Roland Joseph Butterfield, £3; Malcolm Rossmore Campbell, £2; William Michael Collins. £4; William George Copping. £3; Arthur William Cordell, £3; Christina Cross, £3; Peter Clifford Dixon, £4; John Lindsay Down, £3; William McLean Duthie, £4; Lawrence Albert Fisher, £4; Ronald Leicester Harris, £3; Colin Stanley Harvey, £3; Clarence Laredo, £3; lan Hugh McKinlay, £3; Irene Marchant, £2; Desmond Howard Nicholas, £2: Bernard Oxland Richards, £2; Johannes Wilhelmus Van Schaijik, £4; D’Arcy Henry Williams, £2; William John Andrew Younger, £2. Failing to give way: Jack Glanville Woodward, £5; Roy Douglas Cook, £6; Kevin Alphonsus O’Connor, £5. Parking offences: Kelvin Joseph Kidd, £3.

No warrant of fitness: Allan Stanley Bayard, £1 10s (registration plates not affixed in prescribed manner, £3); Alfred George Harding. £ 1 10s; Barry Daniel Smith, £1 10s; George Warren Webb, £1 10s. No driver’s licence: Peter Adolss, £3.

Overtaking on double continuous middle lines on road: Mervyn Clive Butler, £5 and driver’s licence suspended for three months.

Fixing an unauthorised licence on vehicle: Barry Harvey Smith, £lO.

Failing to comply with traffic lights: Peter Ronbout, £3. Overloading heavy motor vehicle: Hornby Coal and Carrying Company, £5; A. Verkerk, Ltd., £5.

Driving car on footpath: Charles George, £5. Unlicensed vehicle: Bernard William Pope, £5 (no driver’s licence, £5; no warrant of fitness, £1); John Graham Mouatt, £2 (no driver’s licence, £2). Cyclist accepting tow: Frederick Con Metcalfe, £2. (Before Mr E. S. J. Crutchley, S.M.) LAST WARNING TO LICENSEE Because the licensee of the Royal Hotel, Lyttelton, Bruce Monk, had previously been warned about infringing the licensing laws, at the annual meeting of the Lyttelton Licensing Committee, he should take this as a last warning, said the Magistrate. He convicted Monk and fined him £25 for selling liquor after hours on November 5. “The writing is on the wall for you. Any conviction within the next six months and you may as well make other arrangements for your livelihood.” said the Magistrate. Monk (Mr R. B. Shand) was convicted and discharged on a charge of opening the premises after hours. He pleaded not guilty to both charges. Joseph Francis Haines and Henry John Barrett, seamen from the Port Brisbane, were each fined £3 for being on licensed premises after hours. Both were represented by Mr Shand and both pleaded guilty. CIVIL CLAIM Revlon Ltd. had no right to succeed in its claim for £230. It would be intolerable if shoddy workmanship or large gaps should be accepted on the basis that with a little bit of tinkering the job could be put right, said Mr J. A. Bretherton in asking for a non-suit in a civil claim. Revlon Ltd., manufacturers of unit furniture (Mr R. B. Shand) claimed £230 from R. C. Miller, a builder, named as first defendant, and J. M. Mcßrearty. a dental surgeon, and his wife, named as second defendants in the action.

After all plaintiff’s witnesses and some defence witnesses had been heard the Magistrate adjourned the case to this morning. He reserved his decision on the applications for non-suits by bot' defendant parties. Mr Bretherton appeared for Miller, and Mr A. K. Archer represented the second defendants.

In its statement of claim the plaintiff company said Miller obtained from the company a quotation of £284 5s for the construction of unit furniture to be fitted into the kitchen of McBrearty’s home at 106 Papanui road. The quotation was accepted by Miller and the furniture was made and delivered to the house. Two items had been credited at the request of McBrearty, leaving a balance owing under the contract of £230 2s 6d. which had not been paid and which was claimed from the first and second defendants.

Mcßrearty counter-claimed for £l6 16s from the plaintiff com-

pany, alleging that Mitchell, the first defendant, had been unable, due to the faulty workmanship of the plaintiff company, to erect and install the furniture in their home. The counter-claim ’ represented the sum Mcßrearty , had paid Mitchell in attempting to install the furniture, and in removing it (Before Mr Raymond Ferner, SAI.) JUDGMENT SUMMONSES The following orders were made on judgment summonses:— A. McDonald, a labourer, was ordered to pay P. Peters £lO 9s 9d, in default 12 days’ imprisonment; J. P. Gibson, a carpenter, to pay E. M. D. Gibson £6B 16s, in default 70 days’ imprisonment, warrant suspended while 10s a week is paid; C. Tonkin, a workman, to pay John Logie, Ltd., £7 6s 9d, in default eight days’ imprisonment; Gordon F. B. Smith, a sawmiller, to pay S. M. Marker £lB 9s 9d, in default 10 days’ imprisonment; George Hart, a private inquiry agent, to pay A. J. Don and Sons, Ltd., £256 Us 9d, in default three months’ imprisonment, warrant suspended while £ 1 a week is paid; F. Parsons, a labourer, to pay C. E. Smith £lO, in default 11 days’ imprisonment; Arthur George Reynish, a mechanic, to pay the Christchurch Returned Services' Association £3O 18s, in default 33 days’ imprisonment; J. McDonnell to pay T. D. Barlow £57, in default 60 days’ imprisonment, warrant suspended while £3 a week is paid'; Joseph Norman Edyvean, a tea room proprietor, to pay the Commissioner of Inland Revenue £2Ol 13s 3d, in default three months’ imprisonment, warrant suspended while £5 a week’is paid; W. Beniams. a workman, to pay C. F. Cotter, Ltd., £3 Is Id, in default four days’ imprisonment; Donald Alexander McGavin, a labourer, to pay the Commissioner of Inland Revenue £250 16s Bd, in default three months’ imprisonment, warrant suspended while £2 10s a week is paid; J. Chammen, a workman, to pay Battery Distributors, Ltd., £l9 13s, in default 21 days’ imprisonment, warrant suspended while £3 a week is paid; Herbert Victor Stanaway Rhodes, a carder, to pay Mary Wigley Winter £4l 13s lOd, in default 43. days’ imprisonment, warrant suspended. while £3 a week is paid; A. Galbraith, a labourer, to pay W. E. Charles £ll 5s lOd, in default 13 days’ imprisonment, warrant suspended while 10s a week is paid; M Eathorne, a married woman, to pay N. W. Tillman, Ltd., £lB 19s lid, in default 20 days’ imprisonment, warrant suspended while £2 a week is paid; R. A. Fabling, a labourer, to pay D. H. Dickson £7 16s sd, in default eight days’ imprisonment, warrant suspended while 10s a week is paid; K. Thompson to pay R J. Jenkins £9 3s, in default 10 days’ imprisonment; C. H. Halligan, a labourer, to pay Wise’s Grocery £32 0s lOd, in default 34 days’ imprisonment, warrant suspended while £3 a week is paid, A. J. Truscott, a labourer, to pay Avon Electrical, Ltd., £l2, in default 13 days’ imprisonment, warrant suspended while £2 a week is paid; G. Leith, a spinster, to pay J. E. and J. I. Stapleton £5 Is 3d, in default six days’ imprisonment, warrant suspended while £2 a week is paid; Reginald Cornwall, a foreman, to pay W. F. and I. M. Prebble £5 Is 7d, in default six days’ imprisonment, warrant Suspended while £2 a week is paid; Francis Constantine Coster, a mechanic, to pay John Chambers and Son. Ltd.., £296 2s 4d, in default three months’ imprisonment: G. Hart, a labourer, to pay Lisa Coulson £34 15s, in default 36 days' imprisonment, warrant suspended while 10s a week is paid; R. C. Rockhouse, a labourer, to pay Burnett’s Motors, Ltd., £7 8s lid, in default eight days’ imprisonment, warrant suspended while £2 a week is paid; D. M. Davies, a spray painter, to pay T. Myles and Son £lB 6s 9d, in default 19 days’ imprisonment, warrant suspended while £3 a week is paid.