MAGISTRATE’S COURT

Greymouth Evening Star, 24 October 1944, Page 2

MAGISTRATE’S COURT

CASES AT GREYMOUTH.

A sitting of the Magistrate’s Court took place at Greymouth yeseerday morning, Mr. G. G. Chisholm SM. being on the Bench. Sergeant R. OMcßobie conducted the prosecutions. Roland Flemming, sawmill hand, Stillwater, pleaded guilty to each or the following four charges: That, on October 22, he was found drunk in a public place, Mawhera Quay., that on the same date, at Greymouth, he did unlawfully and without colour of right convert to his own use a Hiiiman sedan car valued at £lO5, the property of Joseph Edward. Rogers. That on the same date he did unlawfully damage a pane of glass in the same car, the value being £2/5/-. That on the same date he was deemed to be a rogue and a vagabond within the meaning of the Police Offences Act, being found armed with a bludgeon (a sock filled with sand) with felonious intent. That on the same date he did damage cell property and utensils valued at £7. Sergeant Mcßobie stated that the multiple charges arose out of a drunken episode. At 7.30 a.m. on October .22 Constable Hickling was called to Mawhera Quay, adjacent to the Imperial Hotel. On approaching, he heard the sound of glass being broken in a sedan car and saw defendant sitting behind the wheel and attempting to start the car. It so happened, however, that the owner had disconnected the battery and the car would never have started. Flemming was very drunk and was taken to the lock-up after.being arrested. There he “went mad”, belabouring the cell with a board he had broken off, and he smashed the outer window, including the sash, also the inner window, a stool, bench and cell utensil. • j 2 Sergeant Mcßobie added that tnat (Monday) morning Flemming had made an explanation of the sock filled with sand, which was found in his possession when he was taken to the Police Station. He stated he was really hard-up and practically destitute and, being in need of money, he thought he would go the easy way and assault someone with the sock, which he had brought to Greymouth from Stillwater for that purpose. However, he lost courage and gave up the idea,, getting drunk instead. He was earning £7 a week at a sawmill, and was married, with three very young children. His home was in a destitute condition, apparently because of his drinking habits. Flemming had nothing to say when invited to make a statement.

The Magistrate remarked that defendant had not been before the Court for anything of a disorderly nature for five years. He added that he would not have had so much difficulty in dealing with the case had Flemming not armed himself with a bludgeon which, on his own statement, he had intended to use for purposes of assault. That was as serious an idea as he could have; the rest of the charges were associated with drunkenness, but Flemming had conceived the idea of the bludgeon before he became drunk, which made it more serious. The matter could not be treated lightly and a fine would not meet the case in respect to the bludgeon' charge. Accordingly, the case was adjourned till this morning to enable the Magistrate to study the Probation Officer’s report. When accused appeared on remand this morning the Magistrate admitted him to probation for two years with a condition that accused take out a prohibition order against himself, and also ordered him to pay £9/5/-, the value of the mischief committed, in instalments to be arranged by the Probation Officer. Addressing accused, the Magistrate said he was inclined to agree with the Probation Officer’s report that accused was more of a fool than a rogue, but he reminded accused that he would not be dealt with as leniently if he came before the Court again. Accused would have to watch himself or he would get into serious trouble. RETURNED TO BORSTAL. Leonard James Popo, aged 19, farmhand, entered pleas of guilty to the charges that, on October 14. at Greymouth, he did steal a man’s cycle, valued at £B, the property of Phillip Ernest O’Malley, and on October 13, at Barrytown. he did steal a pair of trousers and an electric torch, valued at £2/5/-, the property of Thomas Finnerty. Sergeant Mcßobie said defendant had been released on license from the Borstal Institution and had been in the district for six weeks. For a week he had worked at Kanieri, but did not like the job, and had then secured a job at the Barrytown dredge. He occupied a hut there with a mate named O’Malley. He decided to come to town and when O’Malley was absent took his trousers and torch for the purpose. When the time came to go home he had no money, so took a bicycle from the vicinity of the Town Hall. Defendant had nothing to say. The Magistrate commented that defendant had been released from the Borstal on a two-year license which would expire next February. He would not increase his term, but would order his return to the Borstal.