POLICE COURT

Evening Star, Issue 21623, 19 January 1934, Page 11

POLICE COURT

FRIDAY, JANUARY 19. (Before Mr H. W. Bundle, S.M.) THREE MONTHS’ IMPRISONMENT. A sentence of three months’ imprisonment was imposed on Albert Edyard .Arthur Hamilton for obtaining credit by fraud (incurring a debt for £1 15s with Louis Francis M'Cormick). Detective-sergeant Doyle stated that the accused was a native of Dunedin, but had been away for several years. He returned a fewj months ago and lived at various hotels, leaving each without paying any board. He called at the City Hotel and represented Mm-self-as “Mr Fairfax,” adding that he and two companions intended to stay there. After booking in the accused said that he was going to put his car away; Needless to say, he did not have a oar. Hamilton also concocted a story that his luggage and effects had been stolen from nis car. In sympathy, one of the maids at the hotel lent him a pair of boots belonging to the licensee’s son. Hamilton left without paying his board. Mr Doyle told the court that he asked Hamilton why he did not stay at places where he could afford to pay board, and Hamilton replied: “ Why shouldn’t a man stay at the good places when there are any amount of them to go to?” He had left other hotels in the same way, incurring unpaid debts of £1 3s 6d, £4 Bs, and £1 15s in three of these cases. Hamilton had been before the court on numerous occasions, and had a bad list. NEGLIGENT CYCLIST. Harold Waldo Moore appeared on a charge of negligently riding a bicycle. Senior-sergeant Mac Lean said that the defendant rode a bicycle down York place on the evening of December 28 at a fast speed, and at the Filleul street corner collided with a woman who was subsequently admitted to hospital for treatment for a scalp wound. This was a dangerous hill, and had to be negotiated carefully. The defendant said the bicycle was not going at top speed, and he had expected the woman to keep on walking. He turned his head to watch for traffic and when he looked back she was standing right in front of him. Referring to the need for caution in that street, the magistrate imposed a fine of 20s and costs. FIREARM CONFISCATED. Albert Henry Bishop was charged with delivering a rifle to William Edward Charles Dixon without a permit, and was convicted, His Worship directing that the weapon should be confiscated. Dixon was also convicted without penalty. BY-LAW BREACHES. Grafton Charles Shiel, charged with driving a car past a stationary tram, was fined 10s and costs. For failing to give way to traffic on the right, John Walter" Trewern was fined 20s and costs. Norman Henry Campbell was fined 6s and costs for employing an unlicensed driver, Thomas Hogan, who was ordered to pay court costs of 10s for driving without a license. John C. Begg was fined 10s and costs for leaving his car unattended in Princes street For twenty-five minutes. Stanley F. Airey was charged with dangerous driving (crossing intersections on the Anderson’s Bay road at thirty and thirty-five miles an hour), gncl was lined £1 and costs.

Alexander W. Crawford was also charged with dangerous driving (crossing intersections at forty and fortyfive miles an hour), and was fined JUs and costs. For driving without a license he was fined 10s and costs. HIGHWAYS BOARD OASES. Fines for having no driver’s license were imposed in the foUowmg Main Highways Board cases:—Charles Gregg (5s and costs), James Redmond Murtagh (ss), James Norwood (10a and costs), and William Reid (Ss and costs). —Inspector M‘Dowell said there were far too many motorists on tne road without licenses. Charged with affixing the wrong number plate to their vehicle, Messrs tappers Ltd. were fined 20s and costs. For a similar offence George Wilson was fined 30s and costs. FRUITERERS CHARGED. Tai Chong, Hop Lee, and Wing On were charged with, breaches of the Orchard and Garden Diseases Act-otter-ing and exposing for sale strawberries so packed that the containers were not full of fruit. The defendants, who pleaded not guilty, were represented by Mr B. S. Irwin. „ _ For the department Mr S. Frew said that if the regulations were not strictly adhered to it meant that the public was defrauded and that other shopkeepers who bought in the same market were competing at a disadvantage. . It was stipulated that the. strawberries must be sold in their original packets. In the case of Hop Leo the fruit was repacked in such a manner as to suggest the packet contained a full measure when it did not. Mr Irwin said that there was no power under the. Act to make such a regulation as this. Mr Frew contended. that the matter came under the heading of local marketing, which was provided for in the Act. Mr Irwin said that there was no proof before the court that the pottles were not full. There was nothing but the evidence of the inspector, which really amounted to an opinion. It was quite a common occurrence to get these pottles three-quarters full in the market, and if they were purchased in this condition nobody was being defrauded. It was nonsense to talk of fraud unless there was packing underneath, and there was no suggestion of that hero. Mr Irwin submitted that the case should be dismissed. His Worship said that he would reserve the question as to whether a prima facie case had been establishes, both legally and on the facts. George Sura, a partner of Hop Lee, gave evidence, and after hearing him His Worship said that he wished to consider the matter further and to 'oos into the Act.

The charges against the three defendants were accordingly adjourned for one week. FAILURE TO KEEP BOOKS. Thomas Evered Steel was charged with failing to keep proper books. Mr W. D. Taylor, appearing for the official assignee, said the defendant filed in bankruptcy in July, and since January 1, 1933, practically no entries had been made in his books. Records had been kept on sheets of paper, but these had never been written up in the books. He had a book-keeper, and should have exercised control in seeing that she kept the hooks properly. He. himself was a hard-working man and, in his capacity as a carrier, was but on the road all hours of the day and night. On those grounds it might have been difficult for him to keep a clerk or a book-keeper. Mr S. T. Baylee, who appeared for the defendant, said Steel was a hardworking, honest man, and there was no suggestion of fraud. He had been relying on the book-keeper, and for some time of that period she had been ill. The magistrate, remarking that the defendant had had a great deal of misfortune, and stating; that he would take into consideration the cause of bankruptcy and the fact that the books had been kept'prior to January, 1933, admitted Steel to probation for one year, the Crown Solicitor’s fee (£3 3s) to be paid within a month.