MAGISTRATE’S COURT Two Men Admit Stealing Scrap Copper Wire

Press, Volume CIX, Issue 32018, 19 June 1969, Page 19

MAGISTRATE’S COURT Two Men Admit Stealing Scrap Copper Wire

Two men, who called at the Post Office depot in Matipo Street to pick up some scrap copper on May 29, were arrested later in the day after discrepancies were found in the weighings of the copper, the boxes it was in, and the truck in which it was taken away, Messrs W. H. Small and C. J. Henderson, Justices of the Peace, were told in the Magistrate’s Court yesterday. Kenneth Larry McDonald, aged 22, a dealer, and Malcolmn Henry Garmston Bottle, aged 42, a dealer, were committed to the Supreme Court for sentence when they pleaded guilty to a charge of stealing 5121 b 9oz of copper, valued at 5220.40. McDonald had tendered for the scrap copper wire, at a price of 42c a pound, making a total price of 51362.48. Detective Sergeant B. J. Preston brought evidence that McDonald and Bottle had loaded 32441 b of copper on their truck about 10 a.m. The truck had first been weighed at Wright Stephenson’s weighbridge in Princess Street After being loaded the truck was again weighed, and the difference in weights was found to be 27001 b. This was 5441 b lighter than the figure arrived at when the same copper was weighed at 7.15 ajn. that day by Detective Sergeant T. K. Watkins. Constable James Edwin Brailey, a police photo- . grapher, produced photographs showing rectangular impressions in the underfelt beneath the seat of McDonald’s truck, which had been used to pick up the wire. The marks appeared to have been made by a number of heavy rectangular objects, and the letters “NZMS” were legible in some of the impressions. Nine lead ingots, of a total weight of 5121 b 9oz and bearing the imprint “NZMS” were produced by Detective Sergeant A. B. Dalzell, who said he found them in the premises of Copper Refining and Chemical Company, Ltd, where McDonald’s truck and Bottle’s car were also found. Scraps of white metal were found in the back seat of Bottle’s car. Evidence was given by Post Office staff of seeing the defendants load the copper into the truck, and of seeing Bottle’s car parked beside it TRIAL BY JURY Maxwell Carlton Carney, aged 45. an unemployed welder, was committed to the Supreme Court for trial on two charges of theft. He was represented by Mr R. F. Powell. Carney had previously elected trial by jury on a charge of stealing a guitar and case valued at $l9O, a bass guitar valued at $5O, and an amplifier valued at $lB5, the property of Alan Charles Irvine, on May 21. He was further charged with theft of a suitacse and contents, valued at $273.90, the property of B. S. Winks, on the same date. He also elected trial by jury on this charge. (Before Mr W. F. Brown, S.M.) FINE AND PROBATION Lindsay Chappell, aged 18. unemployed, was fined $lOO, ordered to make restitution of $81.50, was admitted to probation for two years and was ordered to live and work where directed and to take out a prohibition order when he appeared for sentence on a charge of burglary of the premises of Dey’s Panel Beating Company, Ltd. Tainui Street. Greymouth, on June 3. Mr K. N. Hampton, for the accused, said that Chappell had committed the offence with another person named Smith. The probation officer at Greymouth was of the opinion that Smith could have been the instigator. Chappell had first met Smith when they were in Borstal. They met again in Greymouth on June 2 and were drinking together all day and Chappell was under the influence of liquor when Smith suggested that they commit the burglary. Chappell had been in custody for two weeks. He realised that liquor had played a considerable part in his offending and he was willing to abstain from it, Mr Hampton said. “In July, 1958. you were sent to Borstal on a series of serious offences,” the Magistrate said. “While on probation after your Borstal term you committed a further serious offence. With some hesitation I have decided not to send you back to Borstal.” INDECENT FILM A man. whose name was suppressed, was fined $75 on a charge of having an indecent document—an Bmm. film—in his possession for sale. Mr B. S. McLaughlin, for the accused, said that the woman had waited a month before she complained to the police. She was the de facto wife of the manager of the film studio which allowed “glamour” shots to be taken of women. The complainant was one of the models. It appeared that the complaint had been made to the police because of “sour grapes’* when the accused had decided not to sell the film to the manager. No-one had been corrupted or perverted by seeing the film. The Magistrate said that the accused was a first offender and had a good probation officer's report and work record. It was an isolated offence. He had purchased the film because of an unhealthy curiosity. THEFT AS A SERVANT A youth, whose name was suppressed. was remanded on bail to July 2 with a view to discharge without conviction under section 42 of the Criminal Justice Act when he appeared for sentence on a charge of stealing two surf suits and two cans of aerosol paint, valued at $59.70, the property of his employer. The youth was ordered to pay $4O towards the cost of prosecution and to pay $2.70 restitution.

Mr P. M. Davies, for the accused. said that the youth had committed the offence at the suggestion of another person. The offence was committed when he was only Is. *- The Magistrate said that the accused had been tossed from pillar to post and did not get on well with his step-father. The probation officer was of the opinion that he had been led astray. He said that it was the foolish act of an insecure boy carrying out the criminal intentions of another person. FINED. DISQUALIFIED John Lawrence Edward Ronan, aged 51, a bar steward, charged with driving in Akaroa Street on May 14 when the concentration of alcohol in his blood Exceeded 190 milligrams per 100 taillilitres of blood, was convicted and fined $lOO and disqualified from driving for six months. On a charge of careless use be *<s convicted and fined $25

and disqualified for three months. Ronan pleaded guilty to both charges. Ronan’s car hit a parked car, veered across the road, mounted the footpath and ran into some bushes, said Sergeant Davidson. A blood test was taken at the police station and Ronan was found to have 195 milligrams of alcohol per 100 millilitres of blood. The Magistrate said that the minimum period of disqualification when the amount of alcohol in the blood was over the limit was six months, but if cases continued to be brought to court the period of disqualification would be greatly increased. FINED $4O, PROBATION Henry Rohan Frame, aged 22, an unemployed french polisher, appearing for sentence on a charge of being in Christchurch Hospital without lawful excuse on June 11, was fined $4O, placed on probation for one year, ordered to live and work where directed and to take out a prohibition order. The Magistrate said that drink appeared to play a part in all of Frame’s offences. If he offended again and drink was the cause of it he would be examined by two doctors and if they granted the necessary certificate he would be sent to an institution for treatment for up to two years. DISCHARGED Appearing for sentence on a charge of trespassing on August 21, 1968, while a separation order was in force, Anton Stamatof Nikoloff. aged 41, a tailor (Mr D. M. Palmer), was discharged without conviction under Section 42 of the Criminal Justice Act. subject to the payment of $6.50 witnesses expenses. The Magistrate said the case had been heard last November and it was established that a separation order had been made on December 1, 1966, and that Mrs Nikoloff had been granted exclusive possession of the house. The evidence also showed that Nikoloff had entered the property. At the hearing, Mr A. Hearn submitted that the Magistrate had no jurisdiction under the Matrimonial and Destitute Persons Act to grant the wife exclusive possession of the house, as the property was worth mure than $2OOO, and such an order could only be made by the Supreme Court. The matter went to the Supreme Court for a case stated, and Mr Justice Wilson held that the magistrate did have jurisdiction because the defendant consented to the order being made. His Honour also held that the words “the right to occupy” meant the exclusive right to occupy, although the property might be jointly owned. Mr Palmer said that Nikoloff agreed that be consented to the order being made in 1966, but he was adamant that he did not know what he was consenting to and he was not sure of what had gone on. Nikoloff had been to considerable expense in both the Supreme and Magistrate’s Courts, proceedings being drawn out and involved, said Mr Palmer. He had clarified the matter for the public and legal profession although it had done him no good. SUSPENDED SENTENCE David Neville Graham Burt, aged 26, a press operator (Mr R. F. B. Perry), appearing for sentence on a charge of burglary at Birdlings Flat on November 15 and a charge of failing to report to the adult periodic detention centre on April 26, was ordered to appear for sentence within one year if called on and to pay $89.50 restitution. FURTHER REMAND George William Cowlin, aged 49. unemployed, who appeared for sentence on a charge of being found drunk on June 16, was further remanded in custody to June 20 to enable him to be examined with a view to being committed to an institution for treatment for alcoholism. THEFT ADMITTED Charged with stealing property worth $116.99 from J. M. Smillie on May 21, Stuart Craig Wilson, aged 18, an unemployed workman (Mr W. A. Wilson), was convicted and remanded on bail to June 25 for sentence. He pleaded guilty. Wilson took a heater, a vacuum cleaner, bedspreads, a tallboy and other property from premises he and another person had been renting at 409 Madras Street, said Sergeant G. F. Davidson. All the property was recovered. STOLE SOAP Charged with stealing soap worth 10c on May 30 from a shop, a girl whose name was suppressed was remanded on bail to June 25 for sentence. She pleaded guilty. The matter of conviction was reserved. SHOPLIFTING Two sisters, whose names were suppressed, charged with stealing groceries from a shop on May 23, were remanded on bail to June 25 for sentence. The matter of conviction was reserved. One defendant pleaded guilty to a charge of stealing groceries worth 38c, and the other pleaded guilty to a charge of stealing groceries worth 36c. MISCELLANEOUS CASES In * miscellaneous cases brought by the police, convictions were entered and penalties imposed as follows, with costs $5 in each case:— Proceeded from stop sign before the way was clear: S. R. Bates, $3O. Careless use: E. E. Griffith, $2O. Possessed liquor near a dance hall: B. R. Woodhead, $B. Permitted unlicensed person to drive: G. D. Frost, $4. (Before Mr E. S. J. Crutchley, S.M.) DISQUALIFIED DRIVER On a charge of driving while disqualified in Seaview Road on April 24, Robert Anthony Pearson, aged 22, a mechanic (Mr M. J. Glue), was convicted and remanded at large until today. He pleaded not guilty. The prosecution was brought by the City Council Traffic Department (Mr J. G. Leggat). TRAFFIC OFFENCES In Transport Department traffic prosecutions convictions were entered and fines imposed as follows: Exceeded 30 miles an hour: A. R. Waghorn, $l5, disqualified for three months; A. F. Burdon, $25; J. L. Beaumont, $10; H. M. Lowe, $3O, disqualified for three months; C. A. Habgood, $10; G. Milner, $8; N. J. Rose. $10; J. H. Skinner, $2O (no L sign, $5); P. D. O’Brien, $8; R. J. Walkinshaw, $l2; G. H. Clark, $25; N. O. Dodds. $10: J. K. Tyson, $10; S. P. Gorton, $10; T. McCormick, $l2; M. D. Malloch, $8; R. J. A. Payne, $10; S. F. Burt, $l2; J. H. Chaston, $lO (no safety helmet, $5); R. J. Hadfield, $l3; S. M. Harris, $10;-P. A. Warren, $l2; I. G. Batty, $l5: T. D. Gill, $10; T. E. Moore, $10; A. W. Paston, $l2; E. M. Sutherland, $25 (failed to produce licence, $10); R. W. Whitley, $3O (no safety helmet, $5); P. F. Woodthorpe, $10; G. R. Blackburn, $25 (no safety helmet, $5); D. G. Donaldson, $10; J. R. Edgar, $25; L. B. Fowler, $3O; J. Gallagher, $l2; W. H. L. Kern, $10; F. J. McGrail, $2O; R. J. MacDonald, $l5; J. W. A. Moseley, $10; J. C. [ Quinney, $l2; R. H*. Stone, $10; t J. N. Wallis, $10; T. D. Will- . cocks, $10; G. L. Chisholm, $3O [ (no safety he', met, $5); S. C. I Cliff, $l3; G. Hamilton, $l5; T. . B. Hamilton, $18: B. J. Harring- . ton, $10: L. G. Hicks, $10; R. B. : Higgs, $10: W. J. Kiesanowski, $10; R. E. Meers, $l5; L. E. Naisj bitt, $10: N. Odgers. $10; M. G. > Hammond, $lO.

Exceeded 55 miles an hour: H. M. McNab, $10; H. J. D. Rolleston, $3O; P. J. Ward, $2O; W. T. Abbott, $2O; N. A. Baker, $25; B. L. Clarke, $l5; B. W. Ferguson, $2O; R. T. Pearson, $5 (no warrant, $2). Failed to stop at sign: G. V. Jones, $3; R. C. Buller, $5; E. D. Haughey, $lO, driving test ordered; G. T. Marsh, $5; J. A. Field, $5; J. D. O’Connell, $7; G. Vercoe, $3? T. J. Hallam, $3. Careless driving: W. A. E. May, $2O; D. E. Reed, $l5, disqualified for three months; C. D. Yaxley, $25, disqualified for three months (exceeded 55 miles an hour, $2O). Exceeded 50 miles an hour: C. L. Sty-ant, $lO, disqualified for two months; T. G. Fosbender, $lO, disqualified for three months. Failed to keep to the left: H. A. Stoneman, $10; D. J. Manuel, $l5, disqualified for three months; S. L. V. Hart, $7; R. C. Wild, $7; D. H. Chisholm, $lO. Unregistered motor vehicle: N. A. Stewart, $l2 (unlicensed driver, $10); J. F. Facer, $lO. No heavy traffic licence: R. S. and N. B. Martin, $4; M. W. Condon. $lO (unlicensed driver, $2O). Failed to comply with traffic lights: W. B. Bryant, $10: J. K. Johnston, $l5; G. C. Morris, costs only. Exceeded axle weight: Ashby Bros, $lO (exceeded heavy traffic licence. $10). Dangerous load: C. Downes, $2O; W J. J. Millar, $2O. Noisy motor vehicle: B. England, $l5; R. P. Bennett, $10; Maddens and Richards, Ltd, $lO. Defective silencer: C. Nedham, $5. Cut corner: L. V. Dolan, $5. Speed too great to stop: C. V. May, $5. Passed on intersection: W. S. Busch. $5. No L sign: G. R. Hickmott, $7. Exceeded 40 miles an hour: M W. Baker, $7. No rear red light: S. Dawson, $lO. Worn tyre: H. J. Hewson, $lO. Smoke and vapour: W. Leatham, $5. Insecure trailer: L. D. Stewart, $lO. CIVIL CASES (Before Mr E. S. J. Crutchley, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: A. S. Ahnfeldt, trading as Steam and Oil Firing Equipment, Ohoka Road, Kaiapoi, to pay Jas. J. Niven and Company, Ltd $181.62, in default 90 days imprisonment, warrant suspended while $l2 a week is paid; Jack B. Bailey, metal polisher, St Asaph Street, to pay M. D. Mclntosh $47.39 (27 days or $2 a week); John Charles Banfield, sheetmetal worker. Greenhaven Drive* to pay Hardie and Thompson, Ltd $19.60 (11 days or $2 a week).

A. V. Boal, labourer, Lambeth Crescent, to pay Halligans Garage $7.31 (five days); Paul Robert Boby. trading as Commercial Displays, display artist, Huia Street, to pay Armstrong and Farr, Ltd, $13.80 (eight days); Alastair Ronald Buick, electrician, c/o Robert McLean, Ltd, Victoria Street, to pay the Post Office $94.46 (50 days or $2 a week). William Cameron, Orkney Street, to pay Albert Frank Hearne, $108.15 (58 days or $2 a week): R. Cracknell, meta]

worker, Dunbars Road,, to pay Standard Publishing Co., Pty., Ltd $77 (42 days or $2 a week); C. R. Cron, driver, Burwqojd Road, to pay Windsor Service Station, Ltd, $34.53 (19 days oi K. Dell, workman, Barrington Street, to pay C. W. Rose $110.52 (59 days or $2 a week); D. S. Diver, newspaper runner, England Street, to pay Linwood Avenue Service Station, Ltd, $88.54 (47 days or $2 a week); Brian England, painter, Sear--ells Road, to pay Whitby Motors, Ltd $75.14 (41 days or $2 a Alfred James Garlick, labourer, Bramwell Street, to pay P. G. Morrison, Ltd $13.55 (eight days or $2 a week); Wayne Green, barman, Sa?on Hotel, Lyttelton, to pay Mason Struthers and Company, Ltd $50.35 (28 days or $2 a week); Barry Guest, truck driver, Riselway Street, to pay Lohrey Venetian Blinds $39.14 (22 days or $1 a week). Harry Denis Herrick, attendant, Vancouver Street, to pay Cornelius Verberg, $llO (59 days or $2 a week); W. Hunt, cleaner, Carisbrook Street, to pay K. E. Passmore $89.85 (47 days or $lO a week); K. Hurst, Grimseys Road, to pay Peter Kennedy, $12.60 (seven days or Allan Inwood, butcher, Hillary Crescent, to pay C. T. and W. F. Hay $143.16 (75 days or $2 a week); lan Lawrehce Johnstone, driver, Glenroy Street, to pay J. R. Hines $12.50 (seven days or $2 a week); B. T. Lawler,.worker Tauiwi Crescent, to pay J. W. Muir $12.50 (seven days or $2 a week). 1 . • Shirley MarSden, ' spinster, Perry Street, to pay Madden* and Richards, Ltd $9.20 (six days or $1 a week); P. G. Maurice, workman, Disraeli Street, to pay Terrace Service Station, Ltd $88.06 (47 days or $1 a week); p. G. Mason, labourer, Wilsons Road, to pay Bishop and Company, Ltd $18.20 (10 days or G. Maurice, labourer, Disraeli Street, to pay R. B. Inwood $16.20 (nine days or $1 a week); A. Meluatint, labourer, Ealing Stret, to pay Robert L. Rutledge $3.35 (three days); I. K. McKain, workman. Shaftsbury Street, to pay Avon Distributors, Ltd $195.27 (90 days or $2 a week). S. J. O’Brien, worker, Warrington Street, to pay Tom’s Govery, Ltd $22.40 (13 days or $2 a week): John Fleming O’Sullivan, announcer, c/o N.Z.8.C., Gloucester Street, to pay Staines Electrical $47.90 (27 days or $1.50 a week) and to pay Vacuum Blue Ladder Cleaning Company, Ltd $11.50 (seven days or 50c a week). L. C. Pratt, soldier, Roswell Place, to pay Robert Holt and Sons, Ltd $125.90 (66 days or $2 a week); P. Sewell, worker, Oxford Street, Lyttelton, to pay Woolston Motors, Ltd $211.70 (90 days or $2 a week); Herbert Martin Stewart, labourer. Jerrold Street, to pay Melhuish Radio and Television Company, Ltd $93 (49 days or $2 a week). Colin Tiplady, landscape gardener and freezing contractor, Byron Street. Rolleston, to pay Seekers Telephone Answering Services, Ltd, $242.77 (90 days or $1 a week); Alban Underhay workman, Lonsdale Street, to pay the New Zealand Farmers’ Co-operative Association of Canterbury. Ltd $22.65 (13 days or $1 a week): C. V. Watson, labourer, McLean Street, to pay Paynter and Hamilton, Ltd. $29.63 (17 days or $2 a week).