MAGISTRATE'S COURT

Nelson Evening Mail, Volume LXIII, 12 June 1929, Page 2

MAGISTRATE'S COURT

POLICE CASES The business at the Magistrate's Court this morning consisted of charges brought by the police against two offenders. Air T. E. MaunseTl, S.M._, presided. CREDIT BY FRAUD On the information of Detective Sinclair, Kenneth Finlayson was charged with having obtained credit by fraud from Wm. Sherlock, and also with being with insufficient and lawful means of support for a period within the space of three months.

Accused, who pleaded guilty, was represented by Mr S. Moynagh. J n his evidence Detective Sinclair stated that accused came from Christchurch and put up at Wakefield, leaving someone else to pay. He then came to Nelson and obtained credit to the extent of £l7 from Wm. Sherlock, licensee Of the Wakatu Hotel. Accused represented that he was a salesman of forestry bonds, but, said the witness, his books showed only four sales between November and May. He considered the accused was more; of a fool than a criminal. He stayed at the Wakatu from 12th April to 28th May. Accused had l appeared before a Court' three years ago for unlawful conversion, but had received the benefit of the doubt. He had a wife and three children at Christcburch. Mr Moynagh claimed- that his client had been more of a fool than anything else, and bad met. with hard luck. He bad been a body-builder at Auckland, but had contracted symptoms closely approaching phthisis and had been ordered outdoor life. His last refuge had been to sell forestry bonds. It was true that he had no visible means of support when lie went to the Wakatu Hotel, and counsel quoted a judgment (Rex v. Jones) where the penalty in a similar case had been reduced from a criminal to a civil status. He would ask his Worship to extend a period of probation. Tlie Probation Officer (Mr Coltman) suggested that probation if granted should be for a fairly long period. The Magistrate *aid the accused would be convicted and admitted to probation for 12'months on each charge, to be concurrent, and the £l7 would have to be refunded in three months. Accused was warned that if misconduct occurred the charges could be jaid again, lie was also to refrain from association with a certain person, whose influence was harmful. BREAKING AND ENTERING Darrcl Henry Barnaby, aged 24 years, appeared on remand with having on 10th June, 1929, at Nelson, broken intoi and entered the counting-bouse of Leslie Norman Montgomery, and stolen therefrom £6 Or 3d and a pair of motor gloves of a total value of £7 5s 3d. ■ Accused was further charged that, being a prisoner in lawful custody, he (lid, on sth December, 1928. escape from the Hautu Prison (North Island). Detective Sinclair said that accused, in addition to the present charge, was an escaped prisoner, and other charges were also pending. In view of these circumstances he asked for a remand. The accused was remanded until 19th June.