Many Cases Before Magistrate’s Court

Northland Age, Volume IX, Issue 65, 24 May 1940, Page 1

Many Cases Before Magistrate’s Court

A long list of cases was dealt with at the Kaitaia Magistrate’s Court on Tuesday when an exceptionally heavy session lasted from 9.30 a.m. until after 3 p.m. Although major and minor traffic cases were the most numerous, several men faced the Court on much more serious charges. Taken In Private A case of attempted suicide by Robert Heath, a half-cast farmer at Waiharara, was taken in private. Heath, who still appeared weak and ill as he entered and left the courthouse, was charged with having attempted to commit suicide at Kaitaia on May Bth. He was convicted and ordered to come up for sentence if called upon within twelve months and also to remain in hospital until discharged by the authorities.' Theft of Gum Considerable time was spent in the hearing of a case concerning the theft of a number of sacks of gum, valued at £2O, which was the property of Mr. James Stewart Houston of Ahipara. Joe Hepra, a native lad aged eighteen years, appeared in the open Court charged with the theft while a younger alleged accomplice was taken in the Children’s Court. Hepra, who appeared shy and dull, agreed to have the case heard before the Magistrate’s Court then sitting rather than the Supreme Court in Auckland, after the position had been explained to him by a native interpreter. He was represented by Mr. Kelly.

In evidence plaintiff said that on April 30th he received information that some gum had been taken from his tip on Ahipara Hill and rang the police at Kaitaia. When Constable Griffiths arrived at Ahipara, he and an employee named Allan McPherson accompanied the Constable to the gum tip. , It was found that one sack of gum, which was sewn up at the top, had been removed and sack covers had been displaced from a pile of gum chips and also a pile of gum nuts. There were distinct traces that a quantity of this material had been removed. A search made revealed a trail of gum nuts which had apparently come from a burst bag. This was followed to a shed owned by Nicholas Covich, where it ended. Further on was a second shed which housed Covich’s gum washing plant, the first shed being more in the nature of a dwelling. About four hundred yards beyond this second shed the gum was found hidden in the teatree. Defendant and another youth were working nearby clearing a drain, and when asked if they knew anything about the gum at first denied all knowledge of it. Later, however, defendant made a statement (which he would not sign) admitting the theft. Similar evidence was given by Allan McPherson and Constable Grif-

fiths. In his statement accused said that Nicholas Covich’s son, Ecco, had helped to move the gum some of the distance. Nicholas Covich had also been told about the gum but “did not say anything.” Statement Denied In the witness box Hepra denied the statement, saying that he had made it that day because he was frightened. Questioned in a detailed way by the Sergeant and the Magistrate, he maintained a dull silence. Nicholas Covich, Hepra’s employer, was called and said that Hepra and the other boy had slept in the same room as his wife, son and himself. To the best of his knowledge they had been in the whare all night. At Mr. Kelly’s request Hepra attempted to move the sack of gum in Court which had been identified by witnesses. He, being of frail build, was unable to lift it. “The accused must be convicted upon this evidence,” said His Worship in summing up, “but it is obvious that this frail person of unstable mentality, and who admits that he has only had a standard two education, is not the only culprit or the major one. I do not think the Con- | stable overbore the accused in obtaining the statement but I am satisfied that the statement does not disclose the full transaction. This boy and his accomplice must have had some pretty powerful assistance and were acting as the tools of other people who are not before the Court on the charge of theft.” Accused was convicted and admitted to probation for twelve months. He was also ordered to pay costs of £2 which were to be fixed in instal-

Attempted Suicide Heads List

ments by the Probation Officer after enquiry into Hepra’s position. Failure to Send Child to School Failure to send his daughter Margaret to the Paparore Native School, where she was enrolled as a pupil, was the charge which brought Toko Waipouri, a full-blooded Maori, before the Court. Margaret was aged 12 years and 11 months. “She stayed home to look after her sisters,” was Waipouri’s explanation. His Worship said that failure to send a child to school was a serious offence. All children had to go, whether Maori or European. Waipouri would be fined the minimum of 2/for each week that his daughter had not attended, 8/- in all. Court costs of 13/- were also imposed. His Worship added that this conviction should stand as a warning to native parents in the district where he was given to understand this offence was very prevalent. Shot Hen Pheasant Allan Quarterman was before the Court for the shooting, on May Bth at Takahue, of a hen pheasant. Mr. Reynolds, representing the Acclimatisation Society, said that there was much indiscriminate shooting going on but it was difficult to secure convictions. Quarterman had been stopped by a ranger two minutes after he fired the shot. Quarterman said that the dogs put up two birds and he had not known he had shot the hen until the deed was done. A fine of £lO was imposed. An Expensive “Shout” It proved to be a very expensive “shout” for his Maori workmates

which brought Lloyd Richard Faithful into Court. Charged with supplying liquor (to wit, beer) to natives in a proclaimed area, his explanation in a statement given to the police was that he did not know that it was an offence to give drink to natives in a private place off a licensed premises. He knew, however, that this was the case in a public place. Some of his workmates, who were Maoris, had been down on their luck so he thought that he would give them a treat. A three gallon keg of beer had been bought by him and taken to the house of one of them and he was found in company with the eight accused of aiding and abetting him, by the police. All had been drinkingmore or less but were quite frank when the house was called upon by Constables Griffiths and Barrett at 11.30 p.m. on the 20th April. All the accused, including Faithful, were first offenders and nothing was known against them. “This is a common offence in the North and causes no end of trouble in this neighbourhood,” Sergeant Simister said. There was the fact, however, that these men were first offenders. “The Court will continue to punish this offence to the limit though I am giving some consideration ir. this case,” said His Worship in imposing a fine of £ls and 10/- cost', upon Faithful while fines of £3 and 12/costs each were imposed upon Pompey Henry, William Brown. Richard Kemp, Shortland Rivers, William Waitohi, James Henry, Toko Marsden and Pompey Rivers.

Failure to Stamp Receipts Lance Yates, butcher of Awanui (Mr. Peace) pleaded guilty to failure to affix stamps on receipts upon six occasions. An explanation was made that these receipts were regarded as cash dockets and were given out in common practice by many storekeepers in the North. Defendant had admitted neglect quite frankly when interviewed and Counsel asked, in view of the unusual nature of the case and the fact that a further penalty might be demanded by the Authority, that the penalty inflicted should be light and serve mainly as a warning to other shopkeepers. “Offences against the Revenue Department are usually regarded as serious,” said His Worship. This was, however, a most unusual case and it was quite clear that the receipts were regarded as cash-sale dockets. He hoped that the practice would be stopped. Yates was convicted and fined 30/- and costs. Dangerous Driving in Mangamukas “If ever there is a road which calls for careful driving it is the one over the Mangamukas,” said His Worship in convicting and imposing a fine of £3 and costs upon Vincent Byne Williams. Defendant was alleged to be travelling at an excessive speed and was on the wrong side of the road, He was followed by an inspector for over two miles before he was halted A similar case against Walter Allan ‘ Coulter was dismissed, the evi-

dence for the prosecution not being sufficient for a conviction. No Warrant of Fitness Described by the police as a stubborn case, Nicholas Covich appeared upon charges of having driven a car in a bad state of repair with no warrant of fitness. This was not by any mearis the first time he had been up on this charge and he declared that his car was as good as anyone else’s. No garage would issue a warrant. Covich was fined £2 10/- and costs. This was his third conviction, His Worship commented in warning him against defiance of the traffic laws. Did Not Keep to Left Failure to keep as far as practicable to the left hand side of the road, thereby causing a collision between the timber truck he was driving and a car, was the charge preferred against Thomas Groves Ramsey. The heavy six-wheeled truck was found by the police on the extreme wrong side of the road and it was alleged that Ramsey had been cutting the bend and did not have time to get back into position before striking the car which was proceeding in the opposite direction. Defendant (Mr. Reynolds) stated I that he was dazzled by the lights of j the oncoming car. A plea of guilty I was entered, but counsel argued that Ramsey was the driver of one of the i biggest vehicles on the road and that the 30ft. body of the truck must surely swing on a bend. It was a strong point that the truck had been stopped within two feet. Added to the swing of the truck, Ramsey was dazzled by the other car’s lights. Counsel re- j called that a fatal accident had oc- j curred on this same corner several | years ago when a driver had been j temporarily blinded by the rays of j the sunset. His Worship said that dangerous j driving was a serious matter and seemed prevalent in the North. Nev-

ertheless, he would take the facts into consideration. Ramsey would be fined 40/- and costs. He appreciated the fact that Ramsey was a first c-f----fender and that he had pulled up promptly. Disorderly Conduct “We are always having disorderly conduct at Awanui,” said Sergeant Simister when Nathan Brown was called up for wilful damage of a snooker ball in the Awanui Billiard Saloon and general disorder’y conduct. Brown had been before the Court before for disorderly conduct. He was fined £6 with costs and placed under the Probation Officer until the fine was paid. Prohibition Cancelled The police report being favourable, an application for cancellation of his prohibition order by William Popata was granted. Insufficiently Lighted Bicycle For riding a bicycle without a light, H. Tane was fined 10/- and ordered to pay 10/- costs.