MAGISTRATE’S COURT

Grey River Argus, 9 October 1934, Page 8

MAGISTRATE’S COURT

GREYMOUTH SITTING. At yesterday’s sitting of the Magistrate’s Court at Greymouth, Mr. 11. Morgan, S.M., dealt with the following AFTER HOURS CONVICTIONS. Benjamin Sherman, barman of the Commercial Hotel, Ahaura, was charged with supplying liquor after hours on September 5. The licensee, Elizabeth Jane McTvor, was charged with opening, exposing and selling, in connection with the same set of circumstances. Mr. J. W. Hannan appeared for both defendants, and entered a plea of guilty to the charge against the barman and guilty to one charge against the licensee. The charges of opening and exposing against the licensee were withdrawn by Senior-Sergeant Quayle. The Senior-Sergeant said that the circumstances were that, on September sth, at 11.20 p.m.. Constable Honey had visited the Hotel. Tn the parlour he had found four men, who were not lodgers while Sherman was behind the bar, with three men in front, one who was a lodger and two who were not. When the Constable asked the men what they were doing there, one had said ”Can’t yon see,” and the boarder had said that he had brought them in for a drink. The licensee, Mrs. McTvor, was not in the hotel at the time. Both of the defendants had been previously convicted for similar offences on December 4 th, 1933. Mr. Hannan said that the facts were as stated by the Senior-Sergeant. Mrs. McTvor had been licensee of the hotel for six or seven years and she had only once been convicted. The Senior-Sergeant: The police report is that the hotel is well conducted. The Magistrate: The trouble on this occasion seems to be the absence of the licensee and the action of the barman. The licensee will be fined £3, with 10/- court costs and the barman £2/10/- with 10/- court costs. Charged with being on the licensed premises of Clark’s Hotel, Cobden, after hours on September 15th, William Page pleaded not guilty. He was represented by Mr. J. W. Hannan. Constable T. J. Kearney said that at 9.25 p.m. on the date of the information he was patrolling Bright Street, Cobden. On reaching the hotel he had seen two men come from the rear of ‘the hotel on to the footpath. He had spoken to them, and asked their reason for being there. The defendant did not stop, but made towards Cobden, the other man going towards Greymouth. As witness had got near the defendant he had run away. The other man had denied that he was on licensed premises. Witness had spoken to the licensee who had said “Yes —they were in here, but they were not supplied with liquor.” Mr. Hannan objected that the evidence of the licensee’s remarks was not admissa.ble as he was not present. The Magistrate agreed.

Mr. Hannan said that the defence was that it was a case of mistaken identity. On September 15th, the defendant had been with his wife in Greyinouth and they had returned home by the seven o’clock bus. The defendant had not gone out again that night. He remembered the date by certain purchases they had mad-* that dav.

The defendant gave evidence on the lines indicated by Mr. Hannan. He had not seen the other man mentioned by the Constable that evening, and in fact he had known nothing about the affair until he had been handed the summons.

To the Senior-Sergeant: Constable Kearney knows me well and T am positive he made a mistake. He never spoke to me. I very rarely drink in the hotel. I know the other mentioned well, but I was not in his company that night. I saw him last Saturday and spoke to him regarding this case. He would have come along to give evidence, but he was workingl The Magistrate said that the Constable should have followed the defendant and spoken to him, blit he could not accept the evidence of the defendant. The Constable knew Page very well and he (the Magistrate) was quite satisfied that he would not have macle a mistake. He was satisfied with the Constable’s evidence and the defendant must bo convicted. A fine of 15/- with 10/- court costs was imposed. Three first offenders including the man mentioned in the previous case, found on licensed premises after hours were each convicted and fined 15/-, with 10/- costs.

DRIVER’S LICENSE CANCELLED Arising out of an accident on the. Ruru-Moana Road, early in the morning of August 19 last, three charges were laid against Percy Henry Birchfield: (1) That he drove a motor vehicle which did not display proper lights, (2) That he conducted a passenger service without a passenger license, and (3) That he drove in a negligent manner. The defendant pleaded guilty to all charges. Senior-Sergeant Quayle said that on the night of August 18th a dance hal been held at Te Kinga and defendant was in charge of a light lorry. At about 3 a.m. on the Sunday morning he was driving on the road between Ruru and Moana, when a young man, Donald Beaton accompanied by a Miss Dense, were also walking along the road, coming home from the dance. They were walking on the left hand side of the twelve foot road and when they heard the vehicle coming they gave it plenty of room. However, the back of the lorry struck Beaton and rendered him unconscious. There was 150 yards of straight road before the man was struck and defendant admitted travelling at 20 miles per hour, and that he did not see the man or girl about 20 yards away from them and in swinging round to dodge them the back of the lorry hit Beaton, w’ho was admitted to the hospital, where he re-

| mained for 10 or 12 days, with injuries to the head, shoulder and hip.

Two men, O’Leary and Mallinson, when interviewed, had stated-that they were given a ride home in the lorry by the defendant and had each paid him a shilling. All the witnesses said that the lorry was equipped with only one light, and although the defendant said it was a dark night, all the witnesses said it was quite light. The defendant was lucky that he was not charged with causing bodily harm. The vehicle had no certificate of fitness to carry passengers, or no insurance for passengers. The lorry belonged to defendant’s brother and was a Dodge motor-car made into a lorry. He was only a young man and there were complaints about the way he drives.

The defendant said that when he left Te Kinga both lights were burning and one must have gone out on the way.

To the S.M.: I don’t think I can say anything else. I am a sawmill hand, my wages being about 8/- a day I am aged 18. The Magistrate said that defendant was rather fortunate he was not charged with a more serious offence. On the charge of negligent driving he would he fined £7/10/- with 10/costs, and his license would be cancelled until May 31st next. On the charge of not displaying proper lights he would be fined 10/- with 10/- cost?, and on the charge of taking passengers without a license, £1 with 10/costs. The Magistrate consented to allow the fines and costs to be paid in instalments of £1 per week. UNREGISTERED CAE. Eric Hocking was charged with driving an unregistered* car at Ruru on September 12, and also with driving without, being the holder of a driver’s license. The defendant pleaded guilty to both charges. Senior Sergeant Quayle said that the defendant had been seen driving the car, carrying last year’s plates. Wheu interviewed by the Constable he had admitted the offence and also that he had no driver’s license. He said that the car had been bought by him and some friends and that it had fallen to him, as there were still some instalments owing on it.

The defendant said that the car was his only means of getting to work and he intended to register it and get a license when he got some money. To the S.M.: I had been driving it for about two months.

The Magistrate: Yours is rather a bad case. It is not one where a man who has been the holder of a. license has neglected to have it renewed. A fine of £2, with 10/- costs was inflicted on the first charge and on the second a similar fine, with 12/- costs. Defendant was given permission to pay the fines and costs in weekly instalments of 15/-. SIX MONTHS DETENTION. George Mason Elliott was charged with using indecent language in a public place, at Rcwanui, on September 15 and with a similar offence in the same place on September 16th. The accused elected to be dealt with summarily and pleaded not guilty to both charges. On the application of the SeniorSergeant, in view of the nature of the charge and the fact that the witnesses were children, the Magistrate orderel the Court to be cleared.

Evidence that the language was used was given by a girl of 11 years of age, a boy of 11 and a girl of 10, and Constable Swan gave evidence of his enquiries regarding the charge. The accused denied using the language and alleged that the father of one of the girls had concocted the charge, in order to get him out of Rewanui. The Magistrate said that he was afraid he could not believe the accused’s story. He had a long list of convictions for similar offences and there was evidently something wrong with him. “I thought that on a previous occasion when you were before me, Elliot,” said the Magistrate, “I think there is something wrong with you mentally.” You are a man who is continually before the Court for using indecent language, touching on sexual matters, to young girls and I think it would be wise if I gave you a term of imprisonment. I am afraid if I leave you out, you will be before the Court on a more serious charge of criminal interference. Children muse be protected from men like you and I am going to sentence you to a term of imprisonment to enable a doctor to give you proper observation. T think I was rather too lenient on the last occasion. You will be sentenced to six months reformative detention, on each charge, to be concurrent and 1 will order that you receive medical observation. ’ ’