CITY POLICE COURT.

Otago Daily Times, Issue 19762, 13 April 1926, Page 3

CITY POLICE COURT.

Monday, Apeil 12. (Before Mr J G. L. Hewitt, S.M.) DRUNKENNESS. On a charge of being found drunk in a railway carriage, a first offender was fined 5D.=, in default three days’ imprisonment. For being found drunk in High street an elderly first offender was fined 20s. in default 48 hours’ imprisonment. Daniel Joseph M‘Donnell pleaded guilty to charges of drunkenness and using obscene language in Maclaggan street.—The police stated that the language had been used by defendant when accosted by the constable. —He was fined 10s in default 24 hours’ imprisonment for drunkenness and £2 on the second charge, in default seven days’ imprisonment. He was allowed one week in which to pay the fines. IDLE AND DISORDERLY. Alphonso Tohill, aged 24 years, pleaded guilty to being an idle and disorderly person, in that he had no visible lawful means of support.—Chief Detective Lewis said that Tohill had called at the police station on Sunday and had given himself up, sayins he had no home or money. When spoken to by Constable Forsyth accused had admitted sundry thefts at Christchurch. He asked for a remand for a week in which to make inquiries.—Accused was remanded accordingly. YOUTHFUL INDISCRETION. A young man, aged 23 years, was charged with stealing a “keep to the left” sign, the property of the City Corporation.— He was represented by Mr A. C. Hanlon, who pleaded not guilty on his behalf.— Senior Sergeant Quartermain said that the police would not be able to substantiate the charge of theft so he asked that a charge of mischief by damaging the sign to the extent of 4s be substituted. —To this charge a plea of guilty was made.—Mr Quartermain said that at 2.15 a.m. defendant was going home with others, and they were all more or less under the influence of liquor. A constable, standing in a doorway. had witnessed the defendant ripping the sign off the stanchion. Ho placed it under his coat when approached by the constable. —Mr Hanlon said that defendant was a respectable young man holding a responsible position in a mercantile office in Dunedin. The act was one of a man under the influence of liquor and of bravado when in the company of otner boys. If his indiscretion became known, he would lose his situation and his career would be ruined. Under the circumstances, ■ counsel would like his Worship to enter no conviction and to suppress the publication of defendant’s name, as allowed under section 92 of the Act. The charge would be a lesson to him for the rest of his life.—Senior Sergeant Quartermain: It is prettv certain that if the act becomes known to his employers he will get the “sack.”—lt is really not a crime but a silly, stupid act,” said Mr Hanlon. “Most of us have done the same thing in our days." —Remarking that he could see no reason why defendant should not he convicted, the Magistrate fined defendant £2 and ordered the suppression of the publication of his name. An order was made to pay the amount of the damage. A week was allowed in which to pay. “GET A JOB.” Arreair amounting to £3B 18s on a maintenance order made on August 15, 1925, were admitted by Michael Leo Shortt.— giving evidence Shortt said that he was a Labourer and single. The order was for 15s per week. He had been unable to pay as work had been scarce and he Wi unemployed at present.—“ Well, you had better get a iob, commented the Magistrate, in sentencing Shortt to two months’ imprisonment, the warrant to be suspended provided he pavs 15s a week under tne current order and Ss a week off the arrears. He was ordered to pay costs (£2 2s). MAINTENANCE. Lily Smith proceeded against Arthur Albert Smith for maintenance and separation orders on the grounds of failure to provide, persistent crutley, and drunkenness. — l The Complainant said she had pot been provided for adequately for three months, although defendant was earning good money. He squandered it outside. _ He gave her money, but she had to give it back to him. Other women and drink were responsible. He had threatened to hit her when she remonstrated with him for coming home drunk. There was one child, aged eight years. -Defendant said that he could not explain the cause for his wife’s attitude towards him during the past five months They both had ungovernable tempers, and 1 thought it would be better to separate. He was prepared to pay reasonable maintenance, say, 25s.—The .vlagistrate: You say you want £3 5s for yourself, and that £l 5s will be enough for your wife. —Defendant said that his wife had her own ■ earning abilities. —The orders were made, maintenance being fixed at £2 10s weekly. Henry Thomas Bell, who did not appear, was charged on the information of the Maintenance Officer (Mr T. F. Holland) with being in arrears with a maintenance order. Mr, Holland said the order was made on November 16 last, and the arrears amounted to £32 10s. Onlv £9 4s bad been paid under the order, and that was as the result of his being brought before the court. He was a carrier in Central Otago and was in quite a good way of business. —Defendant was sentenced to two months’ imprisonment, the warrant to be suspended for seven days to give defendant a chance to pay. John Alfred Livingstone was also charged by the, ! Maintenance Officer with failing to obey an order of the court for maintenance. Mr Holland said the arrears amounted to £32 6s Bd. Tho defendant would not pay except under compulsion.—Defendant was sentenced to two months’ imprisonment, to be released on payment of the amount. FOURTEEN DAYS IMPRISONMENT. Robert Thom was charged (1) with assaulting his wife at Green Island on Saturday, and (2) with trespassing by entering the house which was in the occupation of his wife, during the currency of a separation order. —Defendant pleaded guilty to the first charge and not guilty to the second. —Helen Thom, wife of defendant, deposed that separation, maintenance, and guardianship orders had been made against defendant, Ho had not complied with the order of maintenance He was not very much in arrears, and for some time past had been living at the complainant’s house At Christmas time he had broken her shoulder by throwing a jug at her, later he had flogged her with a whip. On Saturday night he had nicked up a live dog and hit her over the head with it. He had not any time entered the house with her consent.—Constable Hamilton deposed that at 10 p.m on Saturday he received a telephone message to go to Thom’s house. When witness arrived at the house he found defendant lying drunk He was told that defendant had picked up a dog by the hind legs and had thrown it at his wife while she was lying in bed. He understood that her shoulder had been broken on that occasion The complainant’s body was black and blue ns the result of a flogging which she had received from accused previously These offences had not been reported to the police because complainant end her family were afraid of accused. —The Senior Sergeant said the only thine known against accused was that he was convicted of drunkenness on a railway nlatform in January last when he was fined 20=.—The Magistrate said he thought he would have to teach accused a lesson. He would be sentenced to 14 days imprisonment on each charge, the sentences *o be concurrent. FAILING TO ATTEND CAMP. Claude Miller was charged with failing to rendet personal service by not attending Matarae camp —Sergeant-major Cummings deposed that he had personally warned defendant about the camp. Defendant saia that he t.ad only received notice to attend camp two days befoijp he was expected to go into camp, and as he was a traveller he could not make the necessary arrangements for leave to go to camp Sergeantmajor Cummings said that on Januarv 13 he received a letter from the defendant stating that he was going to Christchurch, and would remain there for 14 days In the same letter he said he would be going on to Wellington at the end of his stav in Christchurch. He found as the result of inquiries made that he had not been to Christchurch at all; as a matter of fact he had not left Dunedin. During his 14 months’ stay in Dunedin he had not attended a single parade. “It has come to this,” said witness, “that I cannot believe a word he says.”—The Magistrate said that some others who had attended camp had sacrificed their ordinary wages, and had to accept camp pay of 4s per day Defendant was earning over 20s a day on his own admission, and could therefore afford to pav a substantial fine He would be fined £5. OFFENCE ADMITTED. William Patrick Guilford was charged on remand with, > on April 2. at Careys Bay, Port Chalmers, having broken and entered the shop of Peter Lawson and stolen therefrom £5 in money and other articles, including cigarettes, tobacco, and chocolate, of a total value of £22 10s 9d. Mr C. • J. L. White appeared for accused, and Chief Detective Lewis prosecuted. Peter Lawson, a grocer residing at Carev’s Bay. Port Chalmers, said that on April 2 his premises were left unoccupied, both he and his wife having left at 8 a.m.

and returned about 8.45 p.m. He left tho premises securely locked, and when he arrived home he 'found the kitchen window broken. There was also other avul'nce of the house having been broken in. He went into the shop and found sugar spilled on the noor. At the same time he heard the shop bell ring. This was a bell over the door He rushed to the door, but could see no one. He heard someone among some empty cases. He saw two men coming along, and he spoke to them, and the three of them watched and later saw the accused rush across from the stable on to the road. Accused was caught and brought to the front of the shop Witness asked him if there was anyone else with him, and he replied in the negative. Accused then asked to be allowed to get his boots, and when he had done this he bolted, but was recaptured and handed over to the police. On entering the shop he found that a bag of sugar and a hag of rice had been tipped out on the floor. Further search revealed the two bags which contained the articles mentioned in the charge sheet The value of the goods stolen was correct. The sum of £6 in cash had also been taken. On the following day, while searching near the pot where accused was caught he picked up £2 8s Bjd which had apparently been throwm under the bushes by the roadside. —To Mr White; The actual amount of cash stolen was £6 & 4d. No goods were taken out of the shop. The stolen goods were in the two hags referred to just inside the shop door. As near as he could estimate the amount of cash missing was '-'•t 7s 6W- — Herbert Victor Dale, an engineer, residing at Port Chalmers, said that at about 8.15 p.m. on the day in ouestion witness and a friend were passing Lawson’s store when they were accosted by Mr Lawson, and as a result of what Mr Lawson told him tho three of them remained in the vicinity of the store. He saw a man come from the back of a stable. The man ran along the road. The three of them gave chase and caught him. He was brought back to the store. He asked if he could go into the store and get his boots on. This request was granted. Accused ran away twice. Witness saw accused throw away something which looked like a piece of paper as he was running away on the second occasion. He heard money rattl as the piece of paper landed on a bank of earth. Accused smelt of drink. —Constable Bush said that about 9 p.m. on April 2 he received information that someone had broken into Lawson's shop at Carey’s Bay. In company with ' Constable Edwards he proceeded by motor car to the shop, and saw three men holding the accused. Accused had then no boots on. Witness questioned accused about being in the house and store. He admitted being there, and said he was mad to do such a thing. Witness arrested the accused. He found the top pane of the kitchen window broken. In the shop there was sugar on the floor, and the shop had been ransacked. The cash register had been forced open and the contents removed. On the road, a little distance from the shop, he found the key of the f ront door and some of the missing cash. Accused’s boots were found hidden on the side of the road about 100 yards from he shop. His bicycle, with two bottles of beer tied to the carrier, was found close to this spot. Accused smelt of drink, but was not drunk. —Detective Russell said that on April 3 lie saw Guilford at Port Chalme: Police Station. Accused made a statement (produced) admitting entering Lawson's store. Witness later searched the accused’s premises, but found nothing to connect him with that or any other offence. Accused pleaded guilty, and was remanded to the Supreme Court for sentence. Bail was allowed in two sureties of £SO each, a condition being that accused should report every second day to the police at Port Chalmers.