MAGISTRATE'S COURT Seamen Charged After Fracas At Lyttelton

Press, Volume CIII, Issue 30603, 20 November 1964, Page 9

MAGISTRATE'S COURT Seamen Charged After Fracas At Lyttelton

A fracas at Lyttelton led to the appearance of four seamen before Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday on charges of assault. All elected trial by jury, and after one witness had given evidence they were remanded on bail to November 26. The accused are Selwyn George Vuglar, aged 18, of the Kaimai, who is charged with assaulting Patrick Martin; and Julian James Dilworth, aged 19, Eldred Callender, aged 17, and Donald Alexander Mac Lean, aged 17, all of the Port Adelaide, who are charged with assaulting Harry Cuerden and Thomas Lussur. The accused were not represented by counsel. Martin, a member of the engine-room crew of the Port Bendix, said he was returning to the ship early yesterday when two uniformed American seamen asked him to show them the way to their vessel. He took a wrong turning, and as they were coming back, five men, including the accused, came at them. “The next thing I knew I was lying on the ground.” Vuglar hit him around the mouth and left eye, Martin said, and he thought he was kicked while he was lying on the ground. Both Americans had blood on them, and one had his head split open. To Vuglar, Martin denied that he and the two Americans approached the accused earlier, near the overhead bridge. To Dilworth, Martin said he did not see an American “take a swing” at him. The taking of further depositions was adjourned until the two American seamen could be present. (Before Mr E. A. Lee, S.M.) GAOL FOR BURGLAR “This is your fourth appearance in court for burglary, and on each occasion you faced a number of charges. You will have to learn that the only future In burglary is prison, and if you appear again you will qualify for preventive detention,” the Magistrate said to Peter Brian Meadows, aged 27, a welder, in sending him to prison for two years and a-half on seven charges of burglary. Meadows pleaded guilty to the charges last week and was appearing for sentence. Meadows was under no illusion about his future, said Mr M. F. Hobbs, who appeared for the accused. Meadows required supervision because of his lack of self-control. SUSPENDED SENTENCE Francis Leslie Cook, aged 36, a salesman, was convicted and ordered to come up for sentence if called upon within 18 months on seven charges of false pretences and one each of theft and credit by fraud. He had pleaded guilty to the charges, and was appearing for sentence.

Mr B. J. Drake, for the accused, said that all the offences occurred more than four years and a-half ago. Cook claimed he was owed substantial sums before he went to Australia. No informations were laid against him at that time. He got into bad company in Australia, and served a fairly long term in Bathurst Prison. Cook’s I earlier offences had been at- ■ tributable almost entirely to • his compulsive gambling, but he had now got gambling out • of his system. If he were sent to gaol he would lose his job. : The question of what to ■ do with Cook presented a . difficult problem, said the • Magistrate. His series of fraud had cost people a lot ; of money. In Australia he : committed offences for which • he was given five years’ gaol. • If Cook had been dealt with I in a New Zealand court at i that time and all charges had • been taken into considera- ■ tion he might not have been ■ sentenced to such a long ; term, but he intended no cri- . ticism of the Australian sen- ; tence. THEFT OF TILES • Barry James Stott, aged 28; ' a carpenter (Mr B. F. Brown), ’ who pleaded not guilty to ’ stealing 100 acoustic tiles, the ’ property of John Arthur Har--1 ris, was convicted and fined £5. I Mr Brown said the tiles ■ were used ones, and Stott, did I not think they were wanted. I He had a previously unblemished record. I A large element of the i offence was carelessness, and even foolishness, said the . Magistrate. ’ IDLE AND DISORDERLY 1 Carl Matthew Finn, aged 20, unemployed, pleaded not i guilty to being idle and disorderly at Amberley on November 12. He was convicted ’ and remanded to November ’ 26 for sentence. f BORSTAL TRAINING , “Because of your poor work record and your present con- - duct it appears obvious that f you have no intention of I settling down and that you 1 were released from Borstal too - soon,” said the Magistrate when ) he sentenced George Leonard (Jury, aged 18, a workman, to Bodstal training on charges of I converting a car, valued at £6O, [ the property of his father, and . breach of probation. Jury • pleaded guilty to the charges I last week and was appearing t for sentence. Mr A. K. Grant, for the accused, said that Jury reported to the police in Westport re- . garding his probation, but was ■ told to come back, as the 1 papers had not arrived. If his • father's car had hot seized at ; Otira he had intended to return ; it to Christchurch. FOUR MONTHS’ GAOL “You abused the opportunities given to you both by this . Court and your employer,” said I the Magistrate when he sen--1 tenced Ronald Bruce Crabb, . aged 27, truck driver, to four months' imprisonment on a 1 charge of theft as a servant of ; £79 6s 4d. Crabb had pleaded , guilty to the charge last week ' and was appearing for sen- ’ tence. ’ “In March you were before the Court on a similar charge, when you were released on probation,” ' the Magistrate said. "You stole again from your employers, but were given a chance to make restitution, but you still offended. BURGLARS SENTENCED George Robert Te Awa, aged 37, Peter William King, aged 31, and George Tanner McLaughlin, were each sentenced to six months’ imprisonment when they appeared for sentence on a joint charge of burglary on November 4. An order was made for restitution. The Magistrate said that each accused had a long record of dishonesty and burglary. The charge on which they were appearing was a deliberate crime for profit. Lester Mervyn Ramage, aged 35, who appeared for sentence on the same joint charge, was admitted to 18 months" probation. with the condition that he takes out a prohibition order during the term of probation. The Magistrate said that Ramage had not appeared before the Court for seven years, and had shown encouraging signs of stability. Ramage would be given a final opportunity. DISQUALIFIED DRIVER “The police had received information that you were driving the car round the city, and that does not correspond with the instructions you have given to counsel,” said the Magistrate when he sentenced Colin Malcolm Hardaker, aged 26, to two months’ imprisonment on a charge of driving while disqualified on November 2. “You have been before the Court on 18 occasions for a great variety of offences, and you have received all kinds of punishment, but you continue to offend. You have a previous conviction for driving while disqualified,” the Magistrate said. Mr M. J. Glue, for Hardaker, said the accused was with a young woman who was a learner driver. She had parked the car in a difficult position and Hardaked meant only to get It out of the parking place for her. When he was hailed by detectives he panicked and drove off. The suspension of Hardaker’s driving licence was extended for two years. UNLAWFUL INTERCOURSE Denis Hunwick, aged 20, a sawyer (Mr P. G. S. Penlington), who pleaded guilty to a charge of having unlawful sexual intercourse with a girl aged 14 on June 1 at Wakefield, was fined £3O. Mr Penlington submitted that the public Interest would be met by a fine. Now that Hunwick had married there was a degree of steadiness in his life, he said. „ “I would like to think that was right, but his moral standards are somewhat lower than an animal’s,” said the Magistrate. YOUTHS FINED For driving while disqualified on October 26, Gregory Daniel Lindsav aged 20, a welder, was fined £4O and was disqualified from driving for a further year. Lindsay and William Henry Columbus, aged 18. a timber worker, were each fined £7 on a charge of stealing three gallons of petrol, valued at 9s lOd, the property of Michael Joseph Groom. Pleas of guilty were entered to all charges. Sergeant L. A. Dowell said that three youths, who were seen taking petrol from a car, ran off when a man approached. They got into a car and drove off. but the number of their vehicle was taken. Lindsay was disqualified from driving for three years in 1962 when he was convicted on a charge of negligent driving causing death. Sergeant Dowell said. There was only a short time to go before the disqualification expired. Mr L. M. O'Reilly, for Lindsay, said that Lindsay was to be married soon and had debts of

more than £2OO. The theft of the petrol had been very foolish. The petrol was not for Lindsay’s car. Driving while disqualified was a serious offence, the Magistrate said to Lindsay. If he had been over 21 he would certainly have gone to prison. STOLE CLOTH lan Donald McDonald, aged 24 (Mr G. R. Joyce), was fined £l5, and an order for restitution was made, wheh he appeared for sentence on a charge of theft as a servant on September 23 of a length of suit cloth valued at £3 12s, the property of Lane, Walker, Rudkin, Ltd. FOUND UNLAWFULLY ON PREMISES Appearing for sentence on a charge of being unlawfully on enclosed premises on November 10, Russell Edward Dominic Orr, aged 19 (Mr M. J. Glue), was fined £l2, in default 14 days’ imprisonment, a warrant of commitment being issued forthwith. The Magistrate said that Orr’s previous record justified every suspicion on the present occasion. FALSE PRETENCES Kevin Wilson Hillis, aged 26 (Mr M. G. L. Loughnan), was convicted and remanded to November 26 for sentence when he pleaded guilty to four charges of false pretences at Invercargill in January, 1963, involving £l7B 13s 4d. Sergeant Dowell said that Hillis’s account in an Invercargill bank had been overdrawn, and he had ignored a warning not to issue any more cheques. INDECENCY CHARGES Charged with obscene exposure and attempting to induce a boy to do an indecent act on him in Marine parade on November 7, Roy Gunn, aged 42, a boilermaker (Mr G. R. Lascelles), pleaded not guilty. He was convicted and remanded on bail to November 26 for sentence. THEFT OF WIRE Nell Robert Farrar, aged 24, a railway employee (Mr R. G. Blunt), pleaded guilty to stealing 1181 b of copper wire, valued at £7 7s fid, the property of the Municipal Electricity Department, on December 20, 1963. He was convicted and remanded on bail to November 26 for sentence. ASSAULT Patrick Phillip John Russell, aged 28, a steward (Mr A. Hearn), was convicted and remanded on bail to November 26 for sentence on a charge of assaulting Edna Mary Russell on October 20. He pleaded guilty. The Magistrate said that if Russell interfered with his wife or children during the period of remand, the question of bail would be reviewed. SHOPLIFTING A woman whose name was suppressed was convicted and remanded on bail to November 26 for sentence on a charge of theft of goods valued at £ll 6s Id, the property of Woolworths (N.Z.), Ltd., Riccarton, on October 30. She pleaded guilty. OBSCENE LANGUAGE Russell Alexander Sinclair, aged 22, a clerk, was fined £5 on a charge of using obscene language in Straven road on November 18. He pleaded guilty. Sergeant V. F. Townshend said that at 12.5 a.m. the police were attending an accident at the corner of Riccarton and Straven roads. Sinclair used some indecent language, and was arrested after refusing to give his name and address. Sinclair said he used an expression when commenting that one car was much more badly damaged than the other. A constable said it was obscene, but Sinclair denied that it was. He gave an example of what he considered an obscene expression, and was immediately “Next time you had better accept the constable's view as to what is obscene," said the Magistrate. STOLE HUB CAPS Robert Brian Graham, aged 22, a joiner, pleaded guilty to stealing four hub caps, valued at £4 10s, and four hub caps and wheel trimmers, valued at £l3 15s, on November 13. He was convicted and remanded on bail to November 26 for sentence. THEFT AND BREACH OF PROBATION John Trainer, aged 17, a labourer, pleaded guilty to charges of breach of probation and theft of £2. He was convicted and remanded oh bail to November 26 for sentence. The probation officer said that Trainer was released on probation for two years in the Whakatane Children’s Court on October 23 on two charges of theft and one of burglary. He was given permission to go to the Nelson area, but failed to report to the probation officer there. On October 28 Trainer entered the fire station at Kawerau and stole £2 from a wallet in one of the rooms, said Sergeant Dowell. FOUGHT IN STREET Charged with fighting in High street on October 31, Rex Clark, aged 28, a carpenter, pleaded guilty. He was convicted and fined £7. Mr M. G. L. Loughnan said that a good-humoured exchange between Clark and an employee in a restaurant was misunderstood by another customer, and this led to the fight. Clark’s conduct seemed fairly consistent with his previous record of three convictions for assault and three for disorderly behaviour, said the Magistrate. DISCHARGED A girl, whose name was suppressed, was discharged without conviction on a charge of being idle and disorderly in that she had insufficient lawful means of support on November 11. She pleaded guilty. Sergeant Dowell said that detectives found the accused at a flat in Addington. She had no money, and had not worked since October 31. SHIP DESERTER Joseph Francis William Clint, aged 21, was fined £lO and ordered to be detained pending deportation when he pleaded guilty to a charge of deserting from the New Zealand Star at Wellington on October 31. CHARGE WITHDRAWN A charge against Alan Hector Ross, aged 26, of unlawfully taking a car, valued at £350, was withdrawn on the application of the police. Mr M. J. Glue, for Ross, said the prosecution was properly brought, but Ross was completely innocent. The charge arose through an unfortunate oversight. Ross was a man of good record. A man who went to the North Island lent his car to Ross, but did not tell his mother what he had done. She reported the car’s disappearance to the police. REMANDED Gloria Mary Byer, aged 24. was remanded in custody to appear in the Dunedin Magistrate’s Court on November 26 on a charge of stealing £5 10s at Dunedin on July 6. Raymond John Luscombe. aged 17, a workman, was remanded on bail to November 26 on three charges of burglary. Ronald James Glew, aged 26. and Leslie Norman Glew, aged 32, were remanded in custody to November 26 on four joint charges of burglary. Vincent John Wright, aged 38. was remanded on bail to November 26 on a charge of being a party to false pretences. Ronald Alan Peters, aged 29. unemployed, was remanded on bail to November 26 on a charge of false pretences Involving £27 13s.

Bobin Michael Francis Sheedy was remanded on bail to November 26 on charges of assault with intent to injure at Lyttelton on October 19, con-

version, and breach of probation. He was remanded on bail to December 21 on two charges of assault at Lyttelton on November 19. Andrew Byrnes, aged 45, a salesman, was remanded to November 26 on a charge of driving under the influence of drink or drugs in Hereford street on November 12. Bail Michael Paul Stone, aged 18. a hairdresser, was remanded to November 26 on a charge of being idle and disorderly in that he had on his person articles of disguise, namely, clothing of a female. Bail was renewed. On a charge of receiving 16cwt of copper wire valued at £l2O, Ronald Russell Taylor, aged 38, a wood merchant, was remanded to November 26. Bail was renewed. Trevor Gordon Poad, aged 20. a fitter and turner, was remanded to November 26 on charges of being found without lawful excuse on enclosed premises in Tuam street and assaulting the police on November 10. Bail was renewed. Clyde Barry Smith, aged 23, a workman, was remanded on bail to November 26 on a charge of driving under the influence of drink or drugs in Moorhouse avenue on November 7. A woman, whose name was suppressed, was remanded on ball to November 26 on a charge of stealing goods valued at 5s lid from Woolworths, Ltd. She pleaded guilty. Appearing for sentence on a charge of doing an indecent act with intent to Insult or offend on November 6, Anthony Keith Smith, aged 17 (Mr M. G. L. Loughnan), was remanded to December 10 for a psychiatric report. (Before Mr J. D. Kinder, S.M.) SHIP DESERTION Charged with deserting from the Medic at New Plymouth on September 20, Kevin Meehan Williams, aged 19 (Mr N. D. Thomson), pleaded guilty. He was convicted and fined £lO. An application by Mr Thomson for an order granting Williams permission to remain in New Zealand was dismissed. The application was opposed by Mr A. A. P. Willy. DUMPED RUBBISH Charged with depositing rubbish beside Wilmeis road, Sockburn, on July 18. William Arthur Johnson was convicted and fined £3. Mr J. H. Gebbie appeared for the defendant and entered a plea of guilty. NOXIOUS WEEDS For failing to comply with noxious weeds notices, Murray Kowal Wornall, the Isaac Construction Company, Ltd., and Arthur Frederick William Jones were each fined £3. NO RADIO LICENCE For not having a radio licence Earnest Ballock was fined £2.