Magistrates Court Men Found In Car Too Drunk To Be Examined

Press, Volume C, Issue 29502, 2 May 1961, Page 10

Magistrates Court Men Found In Car Too Drunk To Be Examined

“While I was talking to York he tried to light a ballpoint pen as if it were a cigarette and asked for a glass of kerosene.” Dr. F. L. Scott, said in the Magistrate's Court yesterday in the course of evidence in charges of being intoxicated in charge of a car against John Stanley York, aged 20 and Cyril Edward Bergman, aged 21. Both were arrested in Trent road at 2.40 am. on April 18. Bergman was further charged with being drunk in a public place. Both pleaded not guilty. They were represented by Mr G. S. Brockett. Mr Raymond Ferner, S_M, was on the Bench. York was convicted and fined £lO. Bergman was fined £1 for being drunk in a public place. The charge against Bergman of being intoxicated in charge of a car was dismissed.

Dr. Scott said York and Bergman were so drunk he could not examine them properly. Constable C. A. Drain said he found both accused in a parked car. York was slumped over the driver's seat and Bergman was lying on a seat with his legs out the open door. Both were unconscious. At the Central Police Station a second ignition key to the car was found in Bergman’s pocket. When a check was made it was found that he was the registered owner of the car, said Constable Drain.

1 Sergeant C. A. Agnew, who was on watchhouse duty, said Bergman was too drunk to be examined. York cried and said it was “better he was caught before he killed somebody.” In evidence Bergman said he and York went to a party in Trent road after attending a city dance. He remembered leaving the party but nothing more until he was at the police station. He drank beer at the party. Bergman said the car belonged to York but it was registered in his name because York was under 21 and could not purchase the car on hire purchase. “The evidence leads me to believe that York was in charge of the motor vehicle and not Bergman,” said the ' Magistrate. FALSE PRETENCES After telling a Lyttelton shopkeeper that he had a cheque for £B5 which he wanted to cash at the fire station. Arthur Blafr O'Donahoo, aged 39. a storeman. obtained £3 12s tor a taxi fare, said Sergeant E. S. Tuck O’Donahoo was sentenced to three months’ imprisonment when he pleaded guilty to obtaining £3 12s by false pretences from Charles William Twnothy at Lyttelton on April 27. Sergeant Tuck said O’Donahoo told Timothy he would repay the money "on his return. When he did not come back Timothy got tn touch with the fire station and found accused was not known there. O’Donahoo later told the police he had never had a cheoue for £B5. O’Donahoo was recently discharged from prison, and had a long list of convictions for false pretences and obtaining credit by fraud, sard Sergeant Tuck O'Dpnahoo asked for a fine to be imposed so that he could start work. “You have had 52 or 54 convictions for this kind of thing," said the Magistrate imposing sentence. CHARGES WITHDRAWN Charges against Colin Alexander Doyle, aged 18, a Social Security sickness beneficiary, of resisting the police and of disorderly behaviour on April 22 were withdrawn on the application of the police after evidence had been given by a doctor. Dr. J. P. McQuilkin said that about a year ago Doyle suffered head injuries and concussion and was unconscious for some davs. This would make him behave more excitably under stress than a normal person. GUILTY OF THEFT Claiming that his car had been borrowed by a friend named Collins at the time he was supposed to have committed the offence. John Valentine Spencer, aged 46. a salesman (Mr B. J. Drake), pleaded not guilty to a charge of stealing a camera valued at £32 15s on February 11. The Magistrate found Spencer guilty and remanded him for sentence on May 8. Sergeant Tuck said that Spencer had been. Identified by a 13-year-old boy as the man he saw take a camera from a chqpiist's shop in New Brighton. The owner of the shop had chased and caught the man as he was entering a car. The man returned the camera, and the shop owner took the number of the ear and reported the matter to the police. Sergeant Tuck said the car belonged to Spencer. Spencer said in evidence that on the day the offence was committed he was drinking heavily. He was drunk on the previous two days. He had lent his car to Collins to take some furniture to Brighton but. he said, he did not know where Collins lived, and be had not seen him since that day. ARSON CHARGE Charged with committing arson at 338 Armagh street on February 12, Spencer pleaded guilty and was remanded to May 8 for sentence and a probation officer’s report. Sergeant Tuck said neighbours who noticed smoke coming from one of the rooms st 8 pm. put out the fire. Later in the evening Spencer came home and had an argument with the woman with whom he was living. He threatened to burn the house down. The woman, who later was awakened by the smell of smoke, found a fire had been lit among paper in the boiler cunboard in the kitchen. This fire, which was put out by the fire brigade, could have had serious consequences, said Sergeant Tuck. FINED £25 Charged with driving while under the influence of drugs or drink on April 24, Desmond William Levavasour. aged 37. a foreman drainlayer (Mr Drake). was fined £25. His licence was cancelled for three years Levavasour pleaded guilty. Sergeant Tuck said Levavasour’s car collided with another car at the corner of Breezes road and Pages road. The traffic officer who came to the accident considered Levavasour was unfit to be driving a ear Levavasour was examined by Dr. Scott, who considered he was unfit to drive a car. Asking the Court to Impose a fine, rather than a term of imprsionment. Mr Drake said Levavasour would have to face heavy expenses because of the accident. If he was gaoled he | would lose his position. FINED £5O Telling Eric Edwin Herbert Watkins, aged 55, an auction-

eer (Mr B. W. McClelland), that but for a doctor’s report on his health, he would have been sent to gaol, the Magistrate fined him £5O and ordered his driving licence cancelled for three years. Watkins was charged with driving a car while under the influence of drink or drugs on April 22. He pleaded guilty. Mr McClelland said Watkins had five or six whiskies between 5 p.m. and 10 p.m. An accident wbieh occurred in a narrow part of Holly road was the culmination of the effects of over work, ill-health, and liquor. Mr McClelland said Watkins's job. which was an important one with a large stock and station agency, would be in jeopardy, because his driving licence would be cancelled. Sergeant Tuck said Watkins had been most helpful to the police after the accident curredUNLAWFULLY ON PREMISES

Accused was found drunk in the storeroom of a boardinghouse tn Manchester street, said Sergeant Tuck, when WilMam Kenneth Sullivan, aged 44. a bushman (Miss A. Barch am), admitted a charge of being unlawfully on enclosed premises. He was convicted and discharged. Sergeant Tuck said that when Sullivan had fallen asleep he dropped a lighted cigarette on a mattress. The proprietor, investigating the fire, found him. Miss Barcham said Sullivan had his nose broken by the proprietor of the house after he had been found, and this perhaps W'as sufficient punishment.

SIPHONED PETROL Two brothers, Edward Frank Mwa, aged 19, and David Leslie Mora, aged 17, were each fined £6 on a charge of siphoning a gallon of petrol, valued at 3s 4d. from a car owned by Peter Charles Nichol while it was parked in Cashmere road on April 16. Both youths, who pleaded guilty were represented by Mr Brockett. REMANDED “This is a serious offence, a number of other youths were involved and further charges are pending." said Sergeant Tuck when opposing the granting of bail to John Francis Pagel, aged 17, a builder's labourer. Pagel was remanded in custody to May 8 on a charge of breaking and entering the premises of Evelyn Sarah Luscombe, at 8A Bower avenue, on April 28 and committing theft. In March Pagel had been admitted to probation for a slmt-

lar tj-pe of offence. Sergeant Tuck said. It was the type of offence which was likely to be repeated, and at the time Pagel was wandering about the streets. Mr A B. Hannan appeared for the accused. The police also opposed bail for David William Hare, aged 18. a workman, but after hearing submissions by his counsel, Mr G. R. Las'asileS, the Magistrate granted it. Hare was remanded to May 8 on a charge of breaking and entering the shop of Cecil Chisholm, at 128 Marshland road, on April 25. Sergeant Tuck said Hare was associated with Pagel and another youth who was to appear in the Children’s Court. Mr Lascelles said Hare had never had a conviction on this charge and was now living at home.

Hare was granted bail at £2OO, with one surety of £2OO. Gatin William Annett, aged 21 was remanded on ball to May 11 on a charge of resisting the police and using obscene langu*gWilllam Shepherd Newman, aged M (Mr Drake), was remanded on bail to May 8 on a charge of obscene exposure on April 24. Gavin Mctnnes Paterson, aged 20. and Ronald Reginald McKay, aged 22. were remanded to May 8 when they appeared Jointly on a charge of converting a motorcycle on April 30. Both were granted bail. Henry Joseph Kay, aped 30. was remanded to May 8 on a charge of being a rogue and a vagabond. Ball was renewed. William John Erridge. aged 30, waa remanded to May 8 on two charges of theft, one of wilful damage, one of being a rogue and a vagabond, and one of having illegal lottery tickets in his possession. He pleaded guilty to the three charges of wilful damage having Illegal lottery tickets and one of theft He pleaded not guilty to the other theft charge and the one of being a rogue and a vagabond. Ball was renewed. (Before Mr E. J. S. Crutchley. S.M.) CASE DISMISSED A charge against David McDonald Gillespie Finnle, aged 38. a clerk (Mr B. McFarlane), of driving while under the influence of drink or drugs was dismissed. Sergeant V. F. Townshend, who prosecuted, said that on April 15 Flnnie’s ear hit two parked cars in Hereford street. A traffic officer considered Finnic was unfit to drive, and took him to the Central Police Station. Dr. Scott and two police witnesses in evidence said Finnle was examined and considered to be sober.