ALERT IGNORED

Gisborne Herald, Volume LXIX, Issue 20958, 4 December 1942, Page 6

ALERT IGNORED

MANUFACTURER WARNED DID NOT GO TO TRENCHES When lie pleaded not guilty at Wanganui to the charge that he failed to disperse to trenches during an air raid dispersal trial in Wanganui. •Samuel John Sullivan, sen., furniture manufacturer, said he had reason to believe he was being singled out for victimisation. At. the time ol' the dispersal alarm he was engaged in loading furniture on a motor vehicle in order to catch a train and did not heard the signals. Sullivan was convicted and ordered to pay costs. The magistrate, Mr. J. H. Salmon, said there was no doubt that the regulations made it obligatory to all persons in the prescribed area to disperse during an alarm. The giving of the alarm was admitted, but defendant did not disperse. The second defence was that he did not hear the alarm, but that was disposed of by a constable having told him of the alert. Defendant said he had a lawful excuse in loading furniture to catch a certain train.

“I am bound to say,” continued the magistrate, “that the regulations must be upheld. Defendant has stated that he considered he had a lawful excuse. I cannot find that this is a lawful excuse. There may be a case where greater inconvenience would arise than this one during an alert and yet not amount to a lawful excuse. I should imagine that the Railway Department would meet a case such as this and receive the goods a little later. I must hold that there is no lawful excuse. “Defendant seems to be under some idea that he has been singled out. I want to dispose of this, and to show him that the court will not victimise. As this is the first case of the kind, he will be convicted and ordered to pay costs only. I must issue a warning that in any further cases the penalties will be more substantial.”