MAGISTRATE’S COURT

Grey River Argus, 2 May 1944, Page 2

MAGISTRATE’S COURT

YESTERDAY’S GREYMOUTH CASES.

Mr. G. G. Chisholm S.M., presided .at a . sitting of the Magistr;ate s Court at Greymouth, y estel Senior Sergeant G. Holt represent ed the police. . , T w William Greenhill (Mr. J. • Hannan) pleaded guilty to a cna g that contrary to Regulation 5 L and Regulation 10 of the Goocts Transport Control Emergency *e gulations, 1942, he did carry goods for hire or reward by motor vehicle, on the Greymouth-Nelson . mam highway, without the P eri P ls ?]°J?+,, n i the Greymouth Transport Conti oi Committee. . A Vorn -,, V Traffic Inspector J. A. Ramsay said that he had found on gation that defendant had been op erating outside his area, which was a radius of seven miles from the Greymouth Post Office. He had been operating on a schoo JOD ul Nelson Creek. The offence was not regular, but occurred only now ana th Mr. Hannan said that defendant had a license to carry furniture ana other goods to Nelson Creek. The Committee allowed back Defendant hdfl made an application for an alteration to his license but of the time of the offence it naa not been considered. The Ins P ec X would agree that it* was a case toi a nominal fine. . .. Defendant was convicted and tin ed £1 with 10s. costs.

RECKLESS DRIVING Three charges were preferred against William Lalor, aged 24 years, a butcher, of South Beach, Who did not appear He was charged that on March 26, 1944 he dd drive a motor vehicle recklessly m Taranuhi Street; on March 25 being the driver of a motor vehicle m Tainui Street he did fail to stop when signalled by a police constable, and on March 25 he did operate a motor vehicle in the hours of darkness, such vehicle not displaying sufficient lights. “This is a case of sure larrakan-, ism.V said the Senior Sergeant, who said that at about 11.45 p.m.. on March 25, Constables A. Smith and G. W. Beardsley observed a .car turning from Tainui Street, into Mackay Street. It had only one head lamp burning and the real light was out. Constable Smith flashed his torch and moved on to the road an f l though he saw the driver and passengers look at mm, they did not stop. He later saw the cai' in Tarapuhi Street, where it was parked on the wrong; side of the road, near the pie cart. He opened the door and asked the occupant if he was the driver. He said he was not, the driver being in the pie cart. Constable Smith then stood back intending- to wait for the driver, when the car started ud and moved off. The Constable jumped on to the running board and endeavoured to open the front door. The car went over two ramps, bumping badly and the Constable was compelled to jump off, when the car came so close to a telegraph pole, as to knock him off had he remained. The car turned into Guiness Street, and Constable Smith did not see it again. Constables Smith and Beardsley gave evidence the lattei’ stating that he did not think that a deliberate attempt had been made to brush Constable Smith off by the post. The car had had little room to work in.

Constable G. S Murray, who interviewed defendant said that accused had made a statement in which he rembered seeing the two policemen but did not see them signal or call out to him in Mackay Streel. At. the pie cart a constable came to him and asked him where he had been. He answered: “In the me cart.” He then started up his car, but did not see the constable jump on - the running board and had not endeavoured to brush anyone off. There was no running board on his car which was a Hillman 10. His lights were both running. , “I am satisfied that an attempt was made to thwart the constable.’ commented the Magistrate. “I do not think it was intended to harm the constable by brushing him ofl. On the charge of reckless driving defendant will be convicted and fined £2 with 10s costs and on each of the other two charges he. will be convicted and fined £1 with 10s. costs.

STAMP DUTY EVADED Leo Lewis Kelly, a gent’s outfitter. of Byron Street, was fined £5 and costs, when convicted on two charges (1) that on October .6, 1943, at Greymouth, he did deliver to Henry ‘Benjamin Gunn, a receipt for £lO, which was liable for duty, without the same being stamped, and (2) that on July 7 1.943 he delivered an unstamped receipt tor £3, to Gunn. Accused admitted delivery of the receipts, but pleaded not guilty. H. B. Gunn in evidence said he had been introduced to defendant at a hotel in Greymo’-.tii and the latter undertook to make him a suit, Wil? ness paid £3. on account, an unstamped receipt being given in exchange. Shortly afterwards witness paid the balance, £lO 13s to defendant and again got a receipt which was unstamped, though he drew accuseds attention to the fact that the first receipt hsid not oeen stamped. Constable G. S. Murray said he had interviewed defendant who stated that Gunn had wished him to make a suit, which was not in accordance with the austerity regulations. He thought that he had given Gunn stamped receipts. In evidence, defendant said that 'when he issued a receipt without a stamp, he usually sent another stamped one by P° s t- ™'J I " ever the incident was too far back for him to remember whether he posted out another receipt or not. There was illness in the family at the time. . , “I cannot accept the explanation that it is your practice to send out by post, a stamped receipt, stated the Magistrate, who, convicting defendant fined him £3 and costs Ids. on the first charge and £2 and ids. on the second, with witness s expenses 15s. For casting offensive matter on a public place, Boundary .Street, at 11.45 p.m. on April 5, John Joseph Cunningham was convicted and fined £1 with 10s costs.

The Commissioner’ of 'faxes proceeded against Leonax’d J'ames William Thwaites, who pleaded guilty to a charge that on June 1, .1943, at Wellington and Kumara, being a taxpayex- he did fail to furnish to the Commissioner’ a return of all assesable income derived by him during the year- ended March ‘3l, 1944. Mr’ F. A Kitchingham, who appeared for the Commissioner- said the case was unusual in that the prosecutions were as a rule brought as a warning to the public as well as the offender. In this case defendant was appearing to answer 1 the charge for the third consecutive year. He had already been fined £lO. and Mr. Kitchingham suggested that the Magistrate obtain an assurance that defendant would in future comply with the regulations. Defendant said that his offence had been due to an oversight on his part. There haq also been sickness in his home.

“It seems to be an extraordinary position,” remarked the Magistrate. “Defendant has been twice convicted, and has no explanation other than sickness. What about the return for the past year which is due

now? Do you take any interest m it?" he enquired of accused. “I must fine you at least as much as last year, but if you come back again there will be a severe penalty. You have treated the matter with contempt.” Defendant was convicted and fined £7 with costs 10s. and solicitor’s fee £2 2s.

CHARGE DISMISSED. A cnarge of making a misleading statement, with intent to deceive, to the Controller of Oil Fuel, at Greymouth on September 14, 1943, and stating that he required oil fuel for the purpose of. going to his work at Baxter’s Siding, was preferred against Bernard O’Neill Thomson, of Cobden (Mr. W. D. Taylor), who pleaded not guilty. The Senior Sergeant said that the circumstances were out of the ordinary. On September last, defendant, who was a sawmilling and mining timber contractor, applied for an on fuel license of 28 gallons to convey him to an area on which he was cutting at Baxter’s Siding and Coal Creek. This was granted, but he later made a further application for another ten gallons, the original license being insufficient. In October, he made representations for yet another ten gallons. This was granted. The Controller then discovered that he had reason to believe that accused had not been using all the petrol for his work. Evidence was being brought to show that defendant had not been out to Coal Creek or Baxter’s Siding working, proving that he had made a false declaration to obtain petrol. _ S. Morland, Deputy-Oil Fuel Controller at Greymouth, said that he had Issued a license to allow accused to travel between his home and Baxter’s Siding, in order to cut mining timber. Later, he had made another application on the grounds that his supply was not sufficient, and he was. granted ten gallons. Shortly afterwards he made another application on the same grounds, informing witness that he was making six trips weekly to his work. Latex’ he had added that his car was not running at the mileage he expected. To Mr. Taylor: On subsequent occasions he -had stated that he was cutting at Coal Creek. Lorna M. McDougall, clerk in the office of the Oil Fuel Controller, Greymouth, said that defendant had made to hex' an application for oil fuel, stating that he required, to travel to and from Baxter’s Siding, where he was working. On September’ 27, he applied to her for an extra ten gallons. On October 23, he had been granted another’ ten gallons. . It was on the story that he was going backwards and forwards daily to hxs work, that the license had been granted. . Constable H. E. Baird of Cobden, said he hail interviewed defendant, who said he had been working at Baxter’s Siding and at Coal Creek. He stated that the petrol had been used for his work and not for his personal use. He had now surrendered a special license as he was no longer working at the Siding. Wit- ■ ness had made investigations at Coal i Creek but had not seen defendant. He had no evidence to show whether defendant had been working each day at Baxter’s Siding. F. G. Norton, settler at Coal Creek, said defendant had never been cutting timber on his property. He had been given no permission to do so.. James O'Neill, Baxter’s Siding, said that last yeax' he had given defend-., ant permission to take timber from' his property. He could not say if the timber had been cut ox’ not.

“I submit that there is no charge to answer,” said Mr. Taylor. The charge was based on the fact that defendant had made a false declaration in that he required the petrol to proceed to- Baxter’s Siding. There had been no evidence to prove that he had not gone to work there. There was no charge in respect of Coal Creek, and he submitted there was no proof that defendant had not taken timber from Baxter’s Siding. “Yes there is only one charge against accused,” stated the Magistrate “And there is not sufficient evidence to convict him on it. There Fs no information that accused did not actually travel to Baxter’s. Siding, therefore the information will be dismissed

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