MAGISTRATE’S COURT

Greymouth Evening Star, 10 December 1928, Page 2

MAGISTRATE’S COURT

TO-DAY’S GREYMOUTH CASES. The list of cases presented for the attention of Mr W. Meldrum, S.M., at the Greymouth Court to-day, was lengthy. Senior-Sergeant C. E. Roach represented the police. Albert H. Seebeck was ordered to. pay 10/- costs, and William Dittman was fined 5/-, with costs, for being absent from military parade on October 31, without leave. Evidence was given by Sergeant-Major L. R. Shuttleworth. . „ . A charge against John. Greig, of allowing a cow to wander on the Barrytown Road, was dismissed. Defendant appeared, and pleaded not S u i“ y - It was discovered by the police that their witness had not been subpoenaed, and they were accordingly unable to proceed. The case was dismissed. LICENSING CASES. A plea of not guilty was entered by William McNeill, who was represented by Mr W. J. Joyce, to a charge of being on the premises of the Hotel Dominion, Greymouth, on Sunday, November 11. Senior-Sergeant Roach stated that he saw defendant leaving the hotel by the Mackay Street door. He saw witness and went towards the railway station. Witness did not wish to chase him all day, and did not follow him further. A few days later defendant denied, when spoken to. by witness, that he had been in the hotel. Witness was Quito sure that defendant was the man he saw leave the hotel. Defendant said that he was not in the hotel that day. The Senior-Ser-geant must have made a mistake. .He also absolutely denied that the SeniorSergeant spoke to him a few days The S.M. accepted the police version, and ordered defendant to pay 10/- costs. That he went to the Golden Eagle Hotel after hours on November 24, solely to procure some brandy for his mother, who was seriously ill, was the defence raised by William John Nelson. . Sergeant Smythe stated that Nelson bad given that excuse to him, and had a flask in his pocket. It was quite true that defendant’s mother was ill. The S.M. pointed out that defendant should have secured medical authority to procure liquor. He would be convicted, without penalty. Twenty-three statutory first offenders, caught on various licensed premises after hours, were each convicted and ordered to pay 10/- costs. Two second offenders were each fined £l, with costs. BY-LAW BREACHES. For driving a motor car without proper lights after sunset on October 27, Charles Bryan was fined 5/-, with costs. Caught driving motor vehicles without reflectors, Harry Halin, William Hannam, and George Hill were each fine 5/-, with costs. Harold Holmes was fined 5/-, with costs, for riding an unlighted cycle after sunset. William McMinn was convicted without penalty on two charges of riding a bicycle on the footpath, and riding an unlighted bicycle after sunset. The police explained that his people were in poor circumstances. For driving a motor lorry along McGowan Street, Runanga, at a speed exceeding ten miles per hour, William Thomas Ogilvie, junior, was fined £l, with 12/- costs. On the information of the Traffic Inspector (Mr A. J. Sloss), the following deefendants were each fined 5/-, with costs: —Abraham Airne, for cutting a cornel’ on a bicycle; Jack Brown, similar offence; Henry Grey Weaver, similar offence. John Robert Symes was fined 5/-, with costs, on each of two charges, riding a motor cycle without a driver’s license, and riding a motor cycle not equipped with this year’s number plates. Frederick J. J. Thompson was fined 10/-, with costs, for leaving a horse and cart unattended, without locking the wheel.

A BUSY TRADESMAN. So busy was Walter Grey Scott, ironmonger, in his preparations for the Christmas trade, that he worked on Sunday, November 25, assisted by two employees, and opened casks of crockery in Marion Street, at the rear of his premises. Unfortunately the operations attracted the attention of the Senior-Sergeant, and Scott was charged with working at his trade on a Sunday, in view of a public place; Mr W. J. Joyce, who appeared for defendant, entered a plea of guilty, and explained that Scott was shifting crockery from the rear of his premises to the front. The work was urgent. Marion Street was a back street, and was hardly ever used by traffic. The S.M. imposed a fine of 5/-, with costs. “GOT IN FIRST.”

That he thought the other man was going to strike him, and that he got in first, was the statement of James Low, ’bus driver, who was charged with striking Charles Vere Leach, another ’bus driver, in Chapel Street on November 22. Low pleaded guilty, under provocation. Complainant stated that he was a motor driver, residing at Runanga. Pie went to Mr Hahn’s residence in Chapel Street to get a tyre for Gould’s ’bus. Defendant answered the door, and commenced an argument with witness about a tyre gauge. He told Low he was in a hurry and had no time to argue, and Low struck him on the jaw. He then went to the police and made a complaint. Defendant’s story was to the effect that complainant took the tyre gauge to pieces, without permission, and, when asked about it, used bad language, and lifted his arm as if to strike. Low added that he “got in first.” A fourteen-year-old boy gave evidence that he saw Low strike Leach, but did not see the latter make any attempt to strike Low. r fhe Senior-Sergeant asked Low why he did not complain to the police about the language allegedly used by Leach. “I am not an informer,” replied Low. “It was between him and I.” ’Phe S.M. said that Leach had provoked defendant to a certain extent, but there was no excuse for Low striking him the way he did. Low would be fined 10/-, with 16/- costs and 5/wi tncss’s expenses. McDERMOTT’S MISTAKE. PARCEL FOR A PRISONER. That a gaol is a good place to keep away from, should be the moral taken to heart by John McDermott, alias Patrick McDermott, as the result of in-

cidents that occurred at the Greymouth Gaol on Thursday night last. McDermott appeared on remand, and was charged: (1) With being a rogue within the meaning of the Police Offences Act, 1927, in that he was found by night without lawful excuse on. the enclosed premises of the Greymouth Gaol; and (2) that, in breach of .the Prisons Act, 1928, and the regulations thereunder, lie did attempt to deliver to a prisoner in the Greymouth Prison, Joshua Thomas Carson, a parcel of food. . The hearing was adjourned last Friday when McDermott applied for time in which to secure legal assistance. He was, evidently, not successful, for today he conducted his own case, pleading not guilty. Sergeant J. Smyth stated that at about 11.30 p.m. he heard a noise in the gaol yard, and investigated. Seeing a man running away, he gave the alarm, and McDermott was caught, after a chase. He had a bottle of beer in his possession, and a parcel of food was later found between the bars of a cell window. There was no doubt that McDermott was the man. Constable Henrickson, who assisted in the capture, corroborated the Sergeant’s evidence. He said he saw McDermott leaving the gaol yard, and was quite sure of his identity. Gaoler W. Ayling stated that someone had apparently been trying to push the parcel of food through the window of the cell occupied by a prisoner named Carson. He did not actually see McDermott on the gaol premises that night.

Giving evidence on his own behalf, McDermott said he thought there must be some mistake in identity. He had a number of drinks that night, but could not remember being on the gaol premises. He got quite a surprise when he was arrested on the street. He might have appeared sober to the police, but he was really “dopey” from the effects of drink. The Senior-Sergeant stated that McDermott arrived from Australia six weeks ago. The S.M. stated that he had onlybeen in the country a short time, but this was his third appearance in Court. He might have been actuatel by a kindly feeling in taking the food to his friend in gaol, but it was an offence to do so. In reply to the S.M., McDermott stated that he intended to go to sea again. His papers were all in order. The S.M. stated that the papers showed McDermott’s character and conduct had been good, but his sobriety had been very indifferent. He did not like to send accused to gaol again, and would convict and order him to come up for sentence if called upon within six months. The sooner he got work and kept himself out of mischief, the better for him.

TIRED OF ISOLATION. HOSPITAL INMATE’S OFFENCE. Becoming tired of his life in the isolation ward of the Greymouth Hospital, Reginald Moffitt took French leave on October 31. The result was his appearance to-day, on a charge that, “while to your own knowledge you were suffering from an infectious disease, diphtheria, you were wilfully in a public place, without having taken proper precautions against the spread of infection.” The charge was laid under Section 85 (la) of the Health Act, and Moffitt pleaded guilty. The Senior-Sergeant stated that defendant left the isolation ward without permission, and went to the police station, where he wanted to know if he might secure permission to go back to Blackball, as he was tired of being in hospital. He was taken back to hospital in a taxi, which subsequently had to be fumigated, 14/- expenses being incurred. He understood defendant had given some trouble at the hospital. Dr J. F. C. Moore, Medical Superintendent, stated that Moffit was a good patient until he' secured alcohol. There had been a leakage somewhere, and the alcohol had been brought into the hospital. It was realised that enforced isolation, to a man who was otherwise well, was very irksome, hut that could not be taken into consideration. Persons suffering from an infectious disease were a special menace. Defendant, whose left arm was in a sling, said that he had never been sick at all. The S.M.: Did you not have diphtheria? —Not that I know of! What did you go there at all for? — I was at the hospital at the time for an operation to my arm. The S.M. pointed out that Dr Moore had stated defendant was suffering from diphtheria. “You were told you wore suffering from diphtheria?” he asked Moffit. —Yes. Why did you not ask for permission before you left the hospital?—There was no one there.

Was not the nurse there? —Yes, but I could not get any satisfaction. I came down the back road, and went straight to the police. Don’t you realise now that you did a wrong thing, and that you might have caused infection to other people? —Yes. I have been in hospital five months, all told. You should have learned a little about hospital discipline in that time. You should have known you had no right to go out without leave. Have you any means? —No. You have done no work for a while? —Not for five months, and I will not be able to start until after Christmas. I have just been under an operation this week. You are convicted and ordered to come up for sentence if called upon within six 'months, and to pay costs. You must understand that I am treating you very leniently, and that you are still liable to be heavily punished if you offend again. You must understand that you cannot leave the hospital when you like, without proper measures being taken to prevent you spreading infection. The Senior-Sergeant asked for witness’s expenses for Dr Moore. “He does not ask for expenses,” replied the S.M. “This man has been out of work for five months, and has no money.” The Senior-Sergeant explained that 4/- taxi fare had been incurred by Dr Moore’s attendance in Court, and this amount was allowed by the S.M., bringing the total costs to 18/-.