MAGISTRATE’S COURT

Grey River Argus, 24 February 1942, Page 6

MAGISTRATE’S COURT

YESTERDAY’S CASES Mr G. G. Chisholm, S.M., presided at a sitting of the Magistrate’s Court at Greymouth yesterday, Senior Sergeant G. F. Bonisch conducting proceedings for the police. Raymond Frederick Wilson pleaded guilty to a charge that, being a reservist belonging to Class A of the Reserve, he did fail to make application for enrolment. The Senior Sergeant said defendant was single, aged 29 years, and a deep sea fisherman. As a result of information 'received defendant was interviewed and he admitted that he had not enrolled. He offered as an excuse that he had had a dispute with officials of the Seamen’s Union and adopted the course to spite them. The defendant when asked if he had anything to say, said it Was a long story. The Magistrate said he just wanted to know if defendant had an excuse for not enrolling. Defendant then went on to say that he had had a dispute with Mr E. P. Walsh, a member of the Wellington Appeal Board, concerning defendant’s joining of the Seamen’s Union and the issue of a fishing license. He had understood that if he appealed it would be “squashed’’ by Walsh. He had taken matters into his own hands to a certain extent but had he wished he could have filled his boat with provisions and sailed away. The Senior Sergeant said that appeals on behalf of the Seamen’s Union were usually granted as they became members of the Merchant Navy. The Magistrate said he had not heard Walsh’s side of the story, but he was only dealing with defendant’s evasion of his duty. Apparently defendant thought he would get even with Walsh and had taken a course which brought him within the law. Many similar cases had come before the Court, and all. had excuses, some pleading ignorance, but defendant knew he had to enrol and his excuse was novel. However, defendant deliberately committed an offence for which there was a severe penalty. He must have known that what he did was outside the law. It was a case w'here a substantial penalty would be fixed and His Worship was not certain that it ’ was not a case for imprisonment. Defendant would be convicted and fined £l5 and 10s costs.

Hans Peterson pleaded guilty to a change that on or about November 17, 1941, and on divers dates to December 2, 1941, at Mawheralti he did, without lawful authority, cut a forest product, 81 sleepers, 8 posts and 19 piles, in a State Forest Reserve situated at Block 10, Mawheraiti S.D, The Senior Sergeant said the defendant had a permit to cut silver pine on an area at Totara Flat. A man named Mclnroe had a section adjoining. Something went wrong with defendant’s horse and he asked on November 17 to be allowed to cut in Mclnroe’s area, so it would not be so far to carry timber out. Permission was refused on November 24, but it was later discovered that the timber mentioned in the charge had been cut but had not been taken out. The timber had since become the property of the State Forest Department. Originally he had been instructed to ask for a heavy penalty as a warning to others, but in view of the fact that the timber became the property of the Crown, he was not now requested to. Defendant said he had thought that he would get a permit and cut for four and a half days after he had applied for permission. However, he had stopped until he received permission. Mr Perham of the State Forest Department, Hokitika, said Peterson applied for a permit and taking it for granted that he would get it, began cutting. Mclnroe had only a permit to cut kawaka, while defendant had a permit to cut silver pine. Defendlant’s statement was reasonable and he had been operating in Stat? timber for some time and Ids work had been satisfactory.

The Magistrate: It does not look as if he deliberately meant to take the timber. It looks as if the Department gets the benefit of defendant’s work. I don't think it is a case where a heavy penalty is required. To defendant: You must know that, you took too much for granted and-.

it must not happen again. You will be convicted and lined £1 and 18s costs and 18s 6d witness’s expenses. John Henry Trembath senr. was charged with disobedience of a maintenance older made in Christchurch on October 20, 1941, for wife ana child, amounting to £1 10s a week. Defendant was convicted and sentenced to a month’s imprisonment warrant to be suspended so long as £1 a week is paid off the arrears in addition to the current ma ntenance. For driving a motor-cycle on the Greymouth-Reefton highway on October 4, 1941, without a drivers license and warrant of fitness, Roland Fleming was convicted and lined 10s on each charge and Ils and 10s costs. . . , Ddvid Graham was convicted, and fined 10s and 12s costs for driving a motor-cycle with no registration plate affixed to the rear. In the Juvenile Court three boys charged w’.th the theft of ambulance equipment from a railway guard s van, at Greymouth, were nlaced under the supervision of the Child Welfrire Officer for 12 months and parents were ordered to pay the result of the damage £1 Is.

Admiral Diesen, Chief of the Norwegian Naval Forces in'England.