MAGISTRATE’S COURT.

Hawera Star, Volume XLVI, 26 May 1927, Page 9

MAGISTRATE’S COURT.

POLICE CASES,

At the Magistrate’s Court, before Mr. J. S. Barton, S.M., this morning, Stephen Ernest Andrews, 19 years, was charged that on May 23 he did stead the sum of £5 10s from Ludwig Beeler.

Constable Tocher related that- jhe had interviewed accused in connection with the theft and he had admitted to the offence.

Sergeant Henry said that accused had left home some eight months ago and, after working in the South Island for about two months had come to the North Island. He had been wandering about the country looking .for work. • Accused, who pleaded guilty, was remanded for sentence until to-morrow morning. THEFT OF COAT.

A married woman, aged 40, was charged that no May 21 she did steal a lady’s water-proof coat to the value of £1 15s 6d, from the premises of George and Doughty. Sergeant Henry stated that accused had been noticed in the shop near a rack which had several mats on it. She had been seen to remove a coat and go to Regent Street. The manager of the shop had approached her when she had admitted the offence. The coats had been buttoned up so that it must have taken a few minutes for accused to have secured the garment.

Mr. North, speaking in defence of accused, said that she had never been in trouble before. He had obtained medical opinion which was to the effect that she was in a peculiar state of health and in a neurotic condition. The very facts point to that belief. The coat was in full view of the staff and yet accused had made no effort to conceal the article. She had simply placed it over her arm and was found looking into a window next door.

Dr. Buist, in evidence, said that he had examined accused and had found her to be in a very low condition — evidenced by the loss of weight that had occurred in the past few months. She had been steadily declining in health. She appeared to be in a mentally depressed condition. , The fact of being in the iiosition she was now in might have had some effect, but he was of the opinion that the depression was due mainly to her state of health. It seemed that slie had acted on 'impulse .without realising what she. was doing. She appeared to be on the verge of a mental breakdown. She -had given no explanation as to taking the coat. The Magistrate: Was it done on the impulse?

Witness: Well I would not say that she did not know right from wrong. To Sergeant Henry, witness said that it was an isolated case. He would not say that accused was mentally deranged, but would say that she did not know what she was doing. At this stage Sergeant Henry produced a statement made by accused in which she had said that she knew what she was doing, but didn’t-know why she did it. Questioning witness, Sergeant Henry asked whether in the event of the theft taking four or five minutes to accomplish would that be called a sudden impulse.

Witness said that that could hardly be called an impulse.

To Mr. North: She did not realise at the moment what she was doing. Mr; North then stated his intention of pleading guilty on behalf of his client. He asked that accused’s name be suppressed as her mother was very ill and any news of her daughter’s trouble might have ’serious results. An order as desired was made the case being adjourned for a fortnight.

DRUNK IN CHARGE OF CAR

Cyril Augustus McAllister, a returned soldier, was charged with being in charge of a motor-car while in a state of intoxication.

Constable Mullan gave evidencet that ont May 14 his attention had been drawn to a stationary car out of which protruded a man’s legs. Questioned, the man had denied being in charge of the vehicle. Accused was then 'asked the same question. On replying in the affirmative, he was invited to step out on to the road. When he did so, the constable said he could see that accused was unfit to drive. He had been requested to go to the; police station. Another man had offered to take the man to the station. Witness agreed to this. Accused then got back into the driver’s seat, but -was unable to shift the levers. On the way to the station accused staggered and on several occasions' his friend had to take hisi arm. At one stage accused had caught hold of a verandah post, but the friend had persuaded him to go along. There was no doubt in the mind of witness that accused would - have attempted to drive the car back to Wanganui. Cross-examined by QVIr Ryan, witness said he did not see the car arrive in town. The engine was not running. Sergt. Henry deposed that he had seen accused at 6 p.m. pn the day mentioned in the watch-house. He was in an advanced state of intoxication. Accused could give no sensible answers to questions. About 9 p.m. he had seen accused again, when witness had asked him what time he had be enyarrested. He had had no idea.

Mr Ryan, for accused, said the latter had been driving for seven years, and had never had a complaint against him. He and some friends had come up from Wanganui for the races. About 5.30 accused had a couple of drinks and his friends had noticed that he was intoxicated. They had refused to allow him to drive. If the constable had asked who was going to drive instead of who was in charge, Wallace (who was one of the party) would have told him. Accused in the box. 'said that he had not that dav eaten anything since leaving Wanganui. He had had; no drink at the races 1 . When he arrived at Hawera he had locked the oar and given the key to Mr Wallace, who was going to drive home as witness was not feeling- well. He then had two drinks, and had returned to the car, sitting in the back seat. He felt very ill and' had got out and gone to the back of the car. He had been persuaded to return to the front seat by the vest of the party, on account of their being less sway than in the hack. He remembered the policeman coming up, but could not say why Wallace had not said that he was going to drive.

To the Magistrate, accused said'that he had riot eaten because- he- was ill. He did not drink as -a rule, and only his illness caused him to have a drink. William Wallace, a motor-driver, said that the party had arrived at Hawera. in time to see the first race'. They had had no # moat or drink at the course. McAllister had mentioned on theoourse that lie was feeling ill and that he (witness) might have to drive home. On the wav from the course to Hawera. accused had told witness that he would have to drive home. Hei had informed the constable that accused was in charge of the car as, from has employers’ point of view, he was. He always hod the ko- and no one else' ever took the car. As soon as accused was released witness drove the car to Wanganui.

.To the Magistrate, witness said that he had not explained further to the police as he thought that “once the po 1 ice had the matter in -hand that was the end of it.” He had telephoned the police' station and had asked how accused was, and had been informed that he was all right. At no time did he make an explanation regarding the arrangement made for his driving the car to the police. Mary Reid, married woman said she knew of the arrangement for Wallace to drive in the car on the way from the course to the town. She-thought that Wallace might -have refrained from telling the police that he was driving because he had not his driving license with him. To Sergeant Henry, witness said that she could have heard what was being said, but was not particularly interested in the conversation. The Magistrate in summing up said, that in his opinion accused must be convicted. He did not believe that if there had been any definite arrangement for Wallace to drive, they would have let the accused go to the station, without explaining mattters. Mr Ryan: Might I ask that you take into consideration the fact that he did not attempt to drive the car. The Magistrate: I think he would have driven unless the police Had not appeared. The public must be protected. The accused will be fined £25 and his license cancelled for 12 months.

DANGEROUS DRIVING. James Davies, who admitted driving a motor vehicle across an intersection on the wrong side of the road thereby colliding with a motor-cycle, was convicted and his license cancelled for 14 days, court costs also to be paid by defendent.