POLICE COURT

Evening Star, Issue 25471, 30 April 1945, Page 2

POLICE COURT

. MONDAY, APRIL ,'3O. (Before Mr H. W. Bundle, S.M.) Raymond James Green, aged 24, a returned serviceman, pleaded guilty to a charge of unlawfully wearing a military uniform. Senior-sergeant A. Johnston said Green had been in the Army from .January, 19-12, to August, 1944, when he was discharged medically unfit. On October 21 he was found in Stuart street wearing a uniform without a hat. He claimed that he had not received his mufti allowance, and had no money to pay for civilian clothes. Inquiries' had disclosed that he had drawn his mufti allowance less £o deducted because he had not returned articles of his uniform, to that value. Green told the court that he had had no opportunity to return the uniform, as he was working during the hours when the Army office was open. The Magistrate stood the case down for an hour to give Green an opportunity to return the articles of clothing. When the case was called again it was stated that most of the missing articles had been returned. The defendant was convicted and discharged. The senior-sergeant said that although it was not suggested in this 'case, the Army authorities had experi- j enced some trouble, because men il- , legally wearing uniform received con- j cessions when travelling by train and other conveyances. LICENSING BREACHES. A number of charges arising out of a visit by the ' police to the Empire Hotel at 9.30 p.m. on April 2 were heard. Leslie Charles Atyeo, the licensee, was charged with selling liquor after hours, and Edward Rejd, barman-porter, was charged with aiding and abettiug in the commission of an offence. Mr I. B. Stevenson appeared for the defendants, and also for several persons who were charged with consuming liquor after hours. Senior-sergeant Johnston . said _ Sergeant Spencer and a constable visited the hotel on the occasion, and found the slide bar to an upstairs lounge open and the licensee and two men in the bar. On the counter was a tray with six long beers and four gins. The two men claimed to be guests of .Reid. In another lounge were three women who' also claimed to be guests of Reid. The guest book showed that Reid was hooked in to room- 16, but that rooni showed no signs of occupation. Reid had ordered the liquor and signed the chits.

Mr Stevenson, said it was not the usual case of trafficking in liquor after hours. It had clearly resulted from a misapprehension on the part of the licensee and Reid that it was legal for Reid to book in as a guest and entertain his friends. The licensee was aware df this arrangement. The Magistrate said it appeared that Reid had adopted a subterfuge. Atyeo was fined £3O and costs and Reid was fined £ls and costs. On charges of consuming liquor after hours Frederick La J-lood was fined £2- 10s and costs, Shirley. Froggart Jill Fraser, Helen Isabel -Hardy, and Leonard Otto Hardy were each fined £2 and costs.

For removing liquor from the Oriental Hotel after hours John Gerard Fraser was fined £2 10s and costs. For being unlawfully on the premises ol the Prince of Wales Hotel, Walter Sfiverin Scott was convicted and discharged.. ALLEGED FALSE PRETENCES. Objection to' the police preferring a number of separate charges of falsa pretences involving small amounts, thereby depriving the accused of tlie right of trial by jury, instead of proceeding on a charge covering the. whole amount, was lodged by Mr C H. Stevens when six charges against Howard Bell Muir, aged 37; a carrier, were .called. Muir was charged witli obtaining sums ranging from '2s 6d to 10s from Charles Reid Caroliu, pro prietor of the Earlett Cake Shop, South Dunecfiu. by falsely representing that eggs bought by him on Carolin's behalf cost more than they actually did. An original charge of obtaining £5 16s 9d by false pretences was withdrawn, and the six other charges were substituted. Chicf-cieteetive T. said that if charges had been laid in all cases there would have been 24, but it had been considered more convenient merely to proceed on a lesser number.

Counsel argued that this procedure deprived-the accused of his right of trial by'jury, as each clprge, involved amounts of less than £2. The Magistrate said the court would be loath to deprive any accused person of his viiht of trial by jury. The case was briefly adjourned to permit the parties to confer, and on the court resuming it was decided to with the 'hearing of two charges, the accused entering a plea of not guilty.

Charles Reid Carolin said that when he took over the shop Muir was introduced by his predecessor in the business as carrying agent for eggs and other goods. He purchased eggs from time to time, and witness paid him the cost, together with the cost of carriage. There. Was no arrangement for the accused to receive commission. Eventually, witness suspected he was being overcharged, and lie made inquiries from John M. Fraser and Co.. from whom the eggs were obtained, and lie found the priced charged by Muir were greater by varying amounts than the actual cost. When he taxed the accused with the offence h esaid a mistake had been made by the company and he made a refund of 2s 6d for that day's transaction.

Norris Napier Fraser. managing director of John M. 'Fraser and Co.. gave evidence of the quantities and prices of eggs bsoked to-Carolin on specific dates. Detective-sergeant James. Gibson said the acpused admitted that in nearly every case he charged Carolin more than the' actual cost? of eggs. Ho claimed that this was commission to which he was legally entitled. In a statement he denied that any false pretence was involved. According to the list produced. Carolin.had been charged £6 14s 3d more than Muir paid Eraser.

Mr Stevens said Muir claimed commission for extra services in procuring eggs for Carolin, other than cartage. He was in a position to obtain more eggs than Carolin could obtain from other sources, and. therefore, he considered it was legitimate to charge a commission.

The accused said when he first met Carolin the latter sajd a continuation of the previous arrangement would suit him, as lie would be dealing with a strange firm. Witness took particular pains to obtain more eggs for Carolin than would normally be available and more often than not he obtained extra crates for Carolin. He considered that this was a special service*for which he was entitled to commission.

At this stage the hearing was adjourned.