MAGISTRATE'S COURT

Greymouth Evening Star, 11 December 1939, Page 2

MAGISTRATE'S COURT

TO-DAY’S GREYMOUTH SITTING

Mr. G. G. Chisholm, S.M., presided at to-day’s sitting of the Magistrate s Court at Greymouth. Senior-Sergeant G. Bonisch represented the police. Seven statutory first offenders, found on licensed premises after hours, were each fined 5/-, with 10/- costs. Leonard Desmond Pascoe, who did not appear, was charged with exceeding the speed limit on the GreymouthWeheka highway, in a heavy motorvehicle. Transport Department , Inspector E. Hill said that he checked defendant’s speed at 30 to 40 miles per hour, the limit for the class of vehicle being 25 m.p.h. Defendant was fined £l, with 10/- costs. Robert Gomer Hall pleaded guilty to a charge of driving without due care and attention on the Greymouth-Ho-kitika Highway. . Inspector Hill said that defendant pulled out and passed another car as die (the Inspector) was approaching. His speed was from 40 to 45 miles per hour. He gave as his excuse that he was engaged in a petrol test and did not wish to slacken down. Defendant said that he had plenty of room to pass the other car, and he did not know he had to have a clear vision for 100 yards. The S.M. said that it was a dangerous practice to pass another car in the face of oncoming traffic. Defendant iwould be fined £l, with 10/- costs.

For failing to produce, a warrant of fitness for a motor vehicle, William Henry John Arnot, who did not appear, was fined 10/-, with 10/- costs. For allowing cattle to wander on highways, Drummond Anderson McMeekan, Frederick Tuck and Frederick Gustav Hahn were each fined 10/-, with costs. On a similar charge, John Basil Nyberg was fined 5/-, with 12/costs.

WOMAN CONVICTED

ASSAULT AT NINE-MILE

A conflict of evidence was heard in the case in which Olive' May Waldron (Mr. E. B. E. Taylor) pleaded not guilty to a charge of assaulting Jack McGrath, at Nine-Mile, on November 28, 1§39.

John Joseph McGrath, a gold-miner residing at Nine-Mile, said .that he had a claim on the beach. On November 28 he was working until just before 7 p.m., Mrs. Speers being there also; she having a claim adjoining. On knocking off they walked, home along the beach, and met defendant, who was followed by a man 200 yards behind. Defendant approached and accused witness of saying things about her, of which he knew nothing. To witness, she appeared to be. under the influence of liquor, fitness attempted to walk on, but as he did so, he got a smack 1; on’ the back of the head with a fairly-heavy stone, which slightly dazed him. The next thing witness knew was that defendant was upon him, scratching him wKIY hei- nails. Witness pushed her off, and she lay on the beach, allowing the waves to come over her, and refusing to get up. Witness did not help Mrs. Speers to try to lift her. The man accompanying defendant, Mr. Maghini, came along, and witness and Mrs. Speers then went home. He had given defendant no occasion to act in such a manner, except, perhaps, 18 months ago, when he had ordered her away from his camp; when she refused to go, he got Maghini to come and get her.

Cross-examined by Mr. Taylor, witness denied that he had ■’called defendant a certain name or used any epithets at all. He also denied that he had caught hold of her, except to push her off, oi’ that he had struck M?gliini when he came along. Mrs. Dulcie Gwendoline Speers, a resident of Nine-Mile,. said that she worked a. claim on the beach. On November 28 both she and the previous witness were working their claims ?’?d knocked oft' about the same time. Witness detailed the meeting with.defendant, but stated that, owing to three dogs fighting on the beach, she was unable to hear what was said, but defendant was talking in a very excltr able manner. McGrath got a few paces away when defendant threw a. flat stone, about the size of a. saucer, hitting him on the back of the head. He staggered, and defendant ran up to him, lifting her foot, as if to kick him. They came to grips and McGrath pushed her over. Witness went to assist defendant, but she deliberately rolled herself over three or four times towards the water. She would not make any attempt to help herself. When Maghini came up witness and McGrath left him to look after defendant. So far as witness knew McGrath did or said nothing that would justify defendant throwing the stone. Witness had never spoken to defendant. To Mr. Taylor: Witness did not hear any of the conversation, except a few words from McGrath, like “Get away out of my road.” So far as witness saw, McGrath never struck defendant or Maghini. Constable D. McQuarrie, of Dunollie, said that about 9 p.m. on November 28 defendant, with Maghini, called on him at Dunollie. Defendant was very excited and at first said that both McGrath and Maghini had tried to drown her in the sea. Later that night, at Maghini’s, she said that only McGrath had tried to drown her and witness took a statement in which she stated that she had gone to the beach to accost McGrath, because he had been speaking disrespectfully of her. Witness also interviewed McGrath at his whare. He was in bed and complained of pains in the head. He had a.- lump at the back of his head about the size of a plum, which, he said, was the result, of a stone being thrown by defendant, who lived at. the Nine Milo, xvTtlt Maghini. This concluded the case for the police. Mr. Taylor said that, the defence would he a direct contradiction of the evidence led for the prosecution. DEFENDANT’S EVIDENCE Defendant, in evidence, said th-it she was a widow, living at the Nine Mile, with Carlo Maghini. She had heard that McGrath was talking disrespectfully of her and when she met him on the beach, she accused him of calling her certain names. He replied by repeating the names and catching hold of her throat and, despite protestations by Mrs. Speers, forced her (defendant) into the water. When lie let her go, she picked up a stone and hit him. He grabbed her again and making a threat to drown her. using bad language, he held her under the water. Mrs. Speers was screaming for him ten let go and when Maghini. who w; s a few hundred yards down the Ihsk'i/ ran up, he took her from the water and they went into ltunan.”:i. h * still in wet clothes, to complain to tl:e police. To the Senior-Sergeant, witness agreed that she got excitable very

often and that on one occasion Magliini had had occasion to report to the police that she had assaulted him. It was not correct that she had again threatened McGrath since the incident on the beach. ~ Carlo Maghini, a gold-mmer, of Nile Mile said that defendant had been living with him for two years. Detailing the incident on the beach, he said that lie saw McGrath catch hold of defendant by the arm and push her into the sea, holding her down. When lie (witness) ran up and told McGrath that he should have more sense McGrath struck him on the jaw, saying “take that you ski ” . To the Senior-Sergeant,. Witness said that defendant had assaulted him .once, but they were good friends now. He agreed that a week ago, he had told the Constable at Ruhanga that 'she had attempted to assault him, and he thought he had better stay away for a day or two. ... Mr. Taylor said that M a Shini’s .evidence was confirmed by the immediate complaint to the police and there was nothing to suggest that he should say anything but the truth. It was just the statements of two witnesses against .those of two others.

The S.M. said he had no doubt whatever that the assault had been proved. Defendant admitted that she went to accost McGrath, that they had words, and she hit him with a stone. The only thing she said different, was that he put her into the water first, and that was contradicted by McGrath and Mrs. Speers. He (the S.M.) had no doubt how she got into the water and he was also satisfied that she had made the most of the incident in the water. She was evidently of a violent, excitable disposition. The Senior-Sergeant handed to the S.M. a list of previous convictions. Mr. Taylor pointed out that since defendant came to the West Coast two years ago she had not been before the Court, and it appeared that she was living a reasonably-quiet life. The S.M. said that defendant had a pretty good list, but he could not find .an offence involving assault. He thought that, in the circumstances, he should convict and order hei’ to come .up for sentence within six months, if called upon, to see how she behaved in the meantime. Defendant was convicted and ordered to come up for sentence within six months, if called upon, conditional upon her paying 23/witnesses’ expenses.

THEFT CHARGE

Colin Michael Wafer, of Rapahoe was charged that, on October 1, 1939, at Nintj Mile, he did steal one Model T Ford car axle unit, and wheels 1 and tyres, .valued at £5, the property ol William Martin < Moore, and others. Accused, who was represented by Mr. W. B. Scully, elected to he dealt with summarily, and pleaded not guilty.

James GouiTay. mine manager, and a, member of Moore and Party, coal miners at the Nine Mile, said that in September the engine of a Model T Ford car was used for a winch, and the remainder of the car was left at the binns. It was still there on September • 30. but on Monday, October 2, the rear axle, tyres and tubes had been removed, without authority. Witness identified the property in court, as that stolen.

To Mr. Scully: Witness complained to the police on the following day. John William Grey Scott, said that he returned from a dance at Barrytown, in company with Mr. Curtis, early in the morning of October 1. As they passed the road which led into Moore and Party’s mine, they passed a car towing a rear axle assembly. At the request of Mr. Curtis, witness took the number of the car, No. 65-159. The car was a chocolate coloured Rugby tourer. To Mr. Scully: The car lights were shining on the number, which he took down on a matchbox and handed to Mr. Curtis.

Ashton Curtis corroborated the evidence of the previous witness. Detective C. H. Davis said that, in company with Constable McQuarrie, he. interviewed accused at Taylorville, on October 10. He was with his father and in possession of a cho-colate-coloured Rugby tourer carl Witness asked accused who was driving his car about 4 a.m. on October 1, near the Nine Mile and he replied that he did not know. Accused was then informed that the car had been seen towing the rear axle and he then told witness that his car had been stolen on the night of September 30. He signed a. statement in which he stated that he was 19 years of age, employed as a trucker, and residing at Rapahoe. He continued that, at 6.45 p.m. on September 30, he had parked his ear in Boundary Street. Greymouth. After the pictures, he found that the car had been taken and be and his father were driven home by Desmond Sinith. He did not report Hid loss to the police and the next morning he cycled into Greyniouth and found that the car h’ad been returned to Boundary Street. Continuing his evidence, Detective Davis said that enquiries were continued and on October 12 a. search was made of vacant land behind accused’s home and in a creek and under bushes the articles now in court, were found. When he interviewed accused at Taylorville. witness had noticed that, the car was marked at the rear, indicat-

ing that something had been towed. To Mr. Tully: The statement was taken at the roadside at. Taylorville, outside the hotel. Witness told accused he did not believe his statement, as he had not reported the loss of his car to the police. Witness had subsequently found that accused did not go home on Saturday 30 with Smith.

Constable D. McQuarrie, who was with the previous witness when the accused -was interviewed and when the property was recovered, gave corroborative evidence. To Mr. Scully: 1 did' not hear Detective Davis call accused a liar, when he made his statement. 1 made no enquiries whether the car was actually stolen. Desmond David Fitzgerald, residing at Rapahoe, with his step-father, Edward Smith, said that he was known as Desmond Smith. He stated that he did not. bring accused and his father home from Greymouth on any night, on which they complained of the theft of their car.

This concluded the evidence for the prosecution. After hearing evidence for the defence. the S.M. said that he had no doubt at. all that accused must, he convicted. Ou account, of his age, accused would be admitted to probation for a period of two years, on the usual conditions, and with a special condition that he must pay the witnesses' expenses, within a. time to be fixed by the Probation Officer.