MAGISTRATE’S COURT

Grey River Argus, 17 March 1942, Page 2

MAGISTRATE’S COURT

greymouth cases.

.Mr. G. G. Chisholm, presided m. the Mag’strate’s Court at-Greymouth Senior Sergeant Bomsch conducted cases for the Police. For operating a radio recen n„ set without a license, William Clarence Minotti, Nelson Creek, y convicted and fined £3 and 10s costs. Phillip Bruce Wareing pleaded guilty to a charge that on January 23 at Matai, being the driver of a motor-cycle, he attempted to cross a railway crossing when the line was not clear, and that he drove a motor cycle not equipped with a warrant of fitness. , . , The Senior Sergeant said defendant was 20 years of age, and was a farm hand at Matai. He was anving a motor cycle along the road and approached the Railway crossing, and failing to observe the Reefton train coming, collided with the engine. He sustained several injuries and received medical 1 attention. There was a compulsory stop sign erected b” the crossing. The cycle was owned by another youth and accused had repaired it for him. He was giving it a trial run when thf accident occurred. In regard to the second charge, the cycle was in a bad state of repair and as far as was known never had a warrant of fitness

Defendant said he had been travelling slowlv and was looking down to change his gears when the collision took place? Visibility was verv poor at the time and he could not see the engine as the railway line was on a slope and the blackberries had not been cut back very far. The motor cycle was damaged. The Magistrate:, On the first charge defendant had already suffered a penalty in his injuries, and lie will be convicted and fined £1 and £1 costs. On the other charge be was certainly trying the machine out on as quiet a road as possible, so he will oe convicted .and ordered to pay pnqi q I9c “matches in mine.

On the information of Percy Mostyn Outhwaite, two truckers, Alex ander Ernst and Sinclair Tasker Kennedy were charged that on February 13, at the Strongman Mine, being truckers, they did have luciiei matches in their possession in the mine. informant, in evidence, said that the informations were laid under the Mining Act. In the case of Ernst he had been searched on Ins entry into the mine and a match was found in his pocket. It was only his second day in the mine and he stated that he had searched himselt but had found no matches. He catried no smoking material. In Kelt nedv’s case, only one match was found, and he alleged that some one else nut the match in his pocket.

The Magistrate: I have heard that suggestion in a number of cases 1 have heard before. In vour opinion do you think_ that that practice is carried out? Informant: I cannot say. but it may be done. It is well known throughout the mine that the men are searched every morning, and anyone found possessing a match, must be brought before the Court. The Magistrate: There has been quite a few of these cases lately and I will have to increase the fines. Defendants will each be convicted and fined £l. with 10s costs. FAILURE TO ENRuI.

Joseph Thomas Leonard, licensee of the Gilmer Hotel (Mr. J. W. Hannan), pleaded guilty to a charge of failing to enrol in the National Reserve, being a reservist in Class A. The Senior Sergeant said defendant on January 31 last, was a single man, aged 44 years, and therefore a member of the Reserve. On February 3, he had been asked by Constable G. S. Murray for his certificate of enrolment. He could not produce one, and admitted he had never applied for oirx The Director of National Service had no record of a certificate being issued to him. Defendant had stated that he enlisted in 1939, but had not been called up for medical examination However, the Army Department had no record of his enlistment

Mr. Hannan said that, in 1939. defendant had enlisted in the National Reserve. He then received a card acknowledging his enlistment and advising him that he was in Class 2 of the Reserve. Defendant took it that he was then not required to do anything further, thinking he would be duly called up. After being interviewed, he saw Captain Curtis and gave him his enlistmen' card, which the Captain sent on to Headouarters, where it had remained. Captain Curtis then wrote stating that a number of people had been confused bv_the card and had made enquiries of h'm. It was only a question of penalty, for defendant. did fail to enrol.

The Magistrate: ■ It is suggested apparently that accused is only one of a number who relied on this card. No such ground for failure to enrol has been brought before me, so far. There 'was the view, however, ' that though defendant may have been mistaken at the time, he must have realised that something was wrong when he had not been called in a ballot. I cannot accept his explanation altogether. Mr Hannan: Accused is a returned soldier, having enlisted in the last war, and is aged 45 years. The Magistrate: I will take that into consideration. He will be'fined £5 and 10s costs.