POLICE COURT

Evening Star, Issue 25750, 25 March 1946, Page 6

POLICE COURT

MONDAY, MARCH 25,

(Before Mr H. W. Bundle. S.M.) LICENSING BREACHES. The outcome of a visit by Sergeant Bissett and Constable W. Johnston to the Clarendon Hotel during the closing period, on Saturday, March 2, three men admitted being unlawfully _ on licensed premises. They were Victor Onslow Johnston, Gordon Willis Scott, and James Francis Williams, each of whom was fined 20s and costs (10s). John Phelan, who was found consuming liquor after hours in the New Club Hotel, was fined £2 and costs (10s). UNREGISTERED RIFLE. William John Muir (Barclay, who obtained a permit for the change of ownership of a rifle but did not register it, was committed only, the Magistrate saying that the breach of the regulations was purely a technical one. BREACH OF BUILDING REGULATIONS. Irvine and Co. Ltd., wool and skin merchants, represented by Mr H. Brash, pleaded guilty to a charge of having obtained a permit for building alterations -and ' departing from the spirit of it by substituting in the plans for alterations a door for a window. Mr A. G. Haggitt. who represented the City Corporation, which brought the proceedings, said that in 1941 the firm of Irvine and Co. was engaged in altering its wool store in Willis street, near the wharf. The plan submitted by the company through its architect showed provision for a window, but after the permit was obtained two doors were substituted in the plan with the obvious intention that this entrance should be used as a loading bank. An undertaking was given by the company that the doors (which were later built into the building) would be nailed up, but this had not been done.- Accordingly, the corporation had no other alternative but to prosecute. Mr Brash admitted that the doors had been built into the store, but said that had the conditions of the permit been complied with the company would have had no alternative but to close down the store, as at that particular time there was a tremendous demand in Dunedin for storing skins for export. Mr Brash pointed out that the company only wanted to use the store for its present purpose temporarily until such time as a more suitable one could be obtained. Mr Brash's defenco was based on section 373 of the building by-laws. The Magistrate upheld the prosecution and convicted the company. The question of penalty was held over, the case being adjourned until April 8 to enable the company to remove the doors. ' THEFT CHARGE DENIED. A charge of the theft on February 21 of 12 bags of coal, valued at £2 10s, the property of the Westport Coal Company Ltd., was denied by John Henry Dysaski, an employee of the company, who was represented by Mr J. P. Ward. Francis Maurice Hancock, a coal merchant at Broad Bay (Mr C. J. L. White), pleaded guilty

to a charge of receiving the coal knowing it to have been dishonestly obtained, and, as he was stated to be a witness in the theft charge, the Magistrate adjourned the charge against turn until the completion of the case against Dvsaski. Hancock said in evidence that he proceeded to the railway goods yards, where the accused was working. __ Previous conversations with Dysaski hati resulted in an agreement for Hancock to purchase some coal for 3s a bag. Witness said he knew the firm for which the accused worked.* but was ignorant from what source the coal came. Hancock said he accepted the coal because his customers were pestering Mm for supplies and also owing to his quota being reduced. It was possible, however, to purchase coal from town suppliers. The coal be had purchased from Dysaski had been loaded on to bit lorry about 2.15 p.m. on February 21, and was delivered br him to his customers Tbp same afternoon be bad been questioned bv Detective ivvpns Evidence was nlso siven by Geora« Hohert Gregory, depot manager of the Westport Coal Company, who was being cross-examined at the lunch adjournment by Chief-detective T. Y. Hall. The Magistrate adjourned the- case until next Wednesday.