MAGISTRATE’S COURT

Grey River Argus, 17 December 1940, Page 7

MAGISTRATE’S COURT

Cases At the weekly sitting of the Magistrate’s Court at Greymouth yesterday, Mr G. G. Chisholm, S.M. was on the Bench, and Senior Sergeant G. £’. Bonisch represented the police. For cycling at night in Mawhera Quay without a light, Keith Fitzgibbon was fined 10s, with costs 10s. Thomas John Adamson was fined 10s with costs 10s, for operating a motor truck without a warrant of fitness. MATCHES IN MINE. On the information of Robert Marshall, Keith Lyttle was charged with having lucifer matches in the Grey Valley Collieries mine at Dobson. Mr J. W. Hannan appeared for informant and defendant did not appear. Horace Griffiths, deputy at the mine, in evidence, said that safety lamps were required to be used in the mine. On October 31 he conducted a search land found a box of matches on defendant. 'There had been a stopwork meeting that day, and defendant’s explanation was that he was smoking during the meeting, and omitted to transfer his matches to his ordinary clothes before entering the mine. To the Magistrate: It was usual to attend the- meetings in working clothes. The meetings were held in the bathhouse where the men changed. There had been no previous trouble with defendant. In convicting and fining defendant £1 with costs 10s, the Magistrate said he thought the fine ' would meet the case. CASE DISMISSED. Thomas Dunn, licensee of the Ail Nations’ Hotel Barry town, and Jack Dunn (barman) were separately charged with supplying liquor to a person under the age of 21 years. Mr W. D. Taylor pleaded not guilty for both defendants. The Senior Sergeant called Howard Alexander Martin, who said he was 19 in October last. He worked as a labourer on the gold dredge at Barrytown and on November 11 left the store and went to the hotel. Mr Taylor: We admit supplying, it is only a question of age. After witness had admitted that (he birth certificate produced was his, the Senior Sergeant said that there was nothing more for him to do. The Magistrate: Yes, that is so. The Senior Sergeant referred the Bench to an authority, and said that at the time witness was served, the licensee was in Christchurch,. and had delegated control to his son, who had now admitted supplying liquor. He submitted that the lisensee was also responsible. To Mr Taylor, the witness said he went into the hotel with his uncle, who was 37 years of age. Mr Taylor said that the Magistrate had indicated that evidence of age had been proved. The boy could quite well be taken for a young man of 21 or 22, as he had lost his boyish looks. His Worship would be judging his age after it had been proved to him. The barman had nothing but appearance to judge Martin on, as he had come in with his uncle. As far as the licensee was concerned, it was unfortunate that he had been brought before the Court. The Magistrate: When this young man was before me recently, and it was said his troubles arose through drink I was not satisfied about his age. He had a manner which did effect his appearance. He might have been older than his looks but looking at him now, he looks to be about 19. When he was last in Court he appeared to be much older. The licensee and barman might have been in similar doubt. He entered with his uncle, a middle-aged man, and it is natural that the licensee should not have questioned his age, as if he had come in on his own. In the circumstances, defendants must be given the benefit of the doubt, and both charges will be dismissed.

LICENSEE FINED £5. Charles George McKechnie (Mr J. W. Hannan) licensee of the Empire Hotel, Greymouth, pleaded guilty to a charge of selling liquor after hours, and the Senior Sergeant withdrew charges of opening the premises and exposing liquor. Robert Joseph Harrington, for whom Mr Hannan also appeared, pleaded guilty to a charge of being a person other than the licensee and supplying liquor after hours.

Senior Sergeant Bonisch said that at 9.10 a.m. on December 6, Sergeant McLobie, in company with Constable Smith, visited the premises. They met the licensee at the door and in reply to the Sergeant’s question as to whether everything was all right, McKechnie said: “Yes. I have got a few boarders in.” On going to the bar, the Sergeant found the bar lighted and six men there. There was no evidence that they had been supplied with liquor, but the barman had admitted supplying them. The licensee had nothing to Isay except ‘Um caught I” The barman had two previous convictions, and the lifeensee had also been convicted, the circumstances last time being the same.

Mr Hannan said he could not say much in extenuation except that it was a very busy Friday night, and the licensee seemed to be unfortunate in that he was caught on each occasion he took a risk. Pointing out that both had been previously convicted three .months ago, the Magistrate fined each defendant £5 with costs 10s. Six men found on the premises were fined 5s each, with costs varying from 10s to 12s.

SECOND-HAND DEALER FINED. J'ohn Patrick Archer, for whom Mr W. D. Taylor pleaded guilty, was charged with purchasing from a youth under the age of 16 years. The Senior Sergeant said the information was laid under Sec. 10 of the Second-hand Dealers’ Act, 1908. On November 15 three boys went to defendant’s shop and sold him parts of a bicycle. They were aged 10, 12 and 13, and on being asked where they got the parts from, informed defendant that they had got them at Rapahoe. Defendant paid them Is 3d and gave them some sandpaper. He made the proper entry in his book, but had admitted that he had previously made purchases from the boys. Mr Taylor said it was entirely a case of ignorance. Defendant dealt only in bicycles and parts. z He was aged 22 and had held a license for the past two years. The Magistrate: This sort of thing

encourages boys. If these same boys previously sold parts to this man, (here was further opportunity given.

Senior Sergeant Bonisch said that it was only when inquiries were made concerning the boys, that the facts were ascertained.

The Magistrate: A second-hand dealer ought to know not to purchase off boys like that. Defendant was fined £1 with costs 10s.

The thrpe boys concerned were dealt with in the Children’s Court, and each was placed under the supervision of the Child Welfare Officer for a period of 12 months. Violet Elizabeth Mather proceeded against David William Mather, of Nelson Creek, claiming separation, maintenance and guardianship orders on the ground of persistent cruelty and failure to maintain. Mr W. D. Taylor appeared for complainant, and Mr J. W. Hannan for defendant. After hearing the evidence of both parties, and of Rex Schwass and Constable A. W. Honey (Ahaura) the Magistrate said that a separation on the grounds of failure to maintain could . not be proved from the evidence, whilst as regards persistent cruelty there was only one incident on December 6 in which he believed the wife’s story as corroborated by Schwass. It required more than one incident to prove persistent cruelty, and he would hold that there was insufficient evidence to grant a separation on that claim. However, the incident justified the wife in leaving him. The Magistrate said he would not make separation order, so that if defendant made good he and his wife would be able to live together again. That would rest with defendant himself. An order that defendant pay complainant £2 per week for her maintenance and 10s for each of the three children’was made, costs £2 2s being allowed Mr Taylor.

BREACH OF PROBATION. - Darcy Joseph Steele pleaded guilty to a charge of failing to report to the Probation Officer in accordance with the terms of the licence under which he had been released from custody. The Seniof Sergeant said accused was arrested on Friday in Greymouth on a warrant issued at Wellington. Accused was, on February 2, 1939, sentenced to two years’ reformative detention for offences dealing with the conversion of motor cars. On September 21 last Steele was released on probationary license which required him to report regula.rly to file Probation Officer, which had not been done. He came to Greymouth two months ago and spoke to some one at the Court office at that time, but had not reported since. It was the wish of the Chief Probationary Officer that no penalty be inflicted, but it was desired that the Court should impress upon Steele the necessity of reporting regularly.

Accused said that when he came to Greymouth about two months ago, he visited the Court, and saw the Probation Officer, who said he was going into camp and that another officer was taking his place, but that it would be all right. Through the’ Placement Officer, accused said lie got a job at Barrytown and had asked the Placement Officer to see the Probation Officer, which the former had done. He (accused) had lost two jobs already over the same thing and now was out of employment. He intended to stay in the Greymouth district.

The Magistrate, addressing accused, asked if he knew what his obligations were. He went always find the Probation Officer willing to meet him and make arrangements about reporting if he worked out of town, but he must keep in touch. Accused said the police knew he was working out of Greymouth. The Senior Sergeant said that once it came under accused’s notice that a warrant had been issued, he gave himself up. The Magistrate said that he did not think it was a matter for a penalty. Accused would be convicted and discharged, but he would have to be careful to report regularly in future. Replying to accused’s request for suppression of his name the Magistrate said he presumed accused’s name was published at the time of the original offence. He did not think there was any necessity to suppress the name at this stage.