CITY POLICE COURT.

Otago Daily Times, Issue 20644, 16 February 1929, Page 26

CITY POLICE COURT.

Friday, February 15. (Before Mr H. W. Bundle, S.M.) BREACH OP AWARD. TV ardell Eros, were charged with failing to close their premises at 5.30 p.m, as required by the Grocers’ Assistants’ Award. Inspector W. R, Currie said that on the evening of Tuesday, January 22, he saw the department’s van on the Anderson’s Bay' road about 6 o’clock. The driver was still delivering goods, and, at that rate, he would not be finished until an hour after the shop had closed. The defendants had been warned in regard to a similar breach a month previously.—Albert Edwards, foreman for the defendant company, explained thar the driver had left the shop at 2 p.m., and should have been finished by 4.30. The company had reason to believe. that Ec was wasting time on the road.—The magistrate pointed out that the defendants should get another man if this were the case, and fined them 20s and costs (10s). FALSE PRETENCES. David William Rowe, who had previously pleaded guilty to receiving £2 from John Bews by falsely representing that he was a son of James Lockhart,, of Moneymore, and £1 from Samuel Cupples, on a similar pretence, appeared for sentence.—At the request of Chief Detective Cameron, the name on the charge sheet was amended to Mervyn David—accused’s correct • name.—The magistrate said that from the reports of the probation officer and the medical officer it was obvious that the accused should be under control, and that he was not sound mentally. In view of this, he was loath to accept the plea of guilty. Ho would remand the accused until Monday to allow a further medical examination to be made. NEGLIGENT DRIVING. John Frederick Nelson Rosenbrook, who was represented by Mr A. C. Hanlon, appeared on a charge of negligently driving a motor car on the Main South road at Burnside on December 22. —At the original hearing of tire 'case it was stated in evidence that the defendant’s car had collided with and damaged another car, which belonged to a man named MTntosh. The case was then adjourned until yesterday to allow Constable Hamilton, of Green Island, to give evidence.—Constable Hamilton gave evidence in regard to measurements he took on the night of the accident, and as to the damage done to MTntosh’s car. In his opinion Rosenbrock was very much under the influence of liquor at the time. —After. reviewing the evidence his Worship said he had no doubt that the defendant was driving on his wrong side of the road, and was therefore guilty of negligent driving. He would be convicted and fined 40s, with witnesses’s expenses (£2 Is 6d), and court costs (16s). ADMITTED TO PROBATION. A lad who was previously charged with being found by night without lawful excuse on premises at S 4 Hope street, and pleaded guilty, appeared for sentence. —The probation officer (Mr J. Garbutt) submitted a report on the accused, who stated, he was 18 years of age.—The accused’s father said that the’ lad was quite under control, but he had been out of work for two months. If be were allowed to take him home witness would see that he was properly looked after, and he would endeavour to get him into steady work.—On the recommendation of Mr Garbutt, the accused was admitted to probation for two years, the publication of bis name being prohibfFed in view o! his age. ARREARS OF MAINTENANCE. David Ellis was charged with the default of Ins maintenance order, the arrears amounting to £4 2g.—-Mr A. C. Hanlon, who appeared for the plaintiff, stated that the defendant had been given work on the Portobello road, but had not turned up. He had done no work for some time. —The defendant was sentenced to 14 days’ imprisonment, to be released on payment of the arrears. IDLE AND DISORDERLY. George Taylor was charged with being idle and disorderly.—Senior Sqrgeant Quartermain stated that the defendant had just come out of the Benevolent Institute. The authorities there had had some trouble with him, and did not want him hack. A motorist had found him lying on the Anderson’s Bay road and had brought him to the Police Station.— The magistrate adjourned the case for a week in order that the police might get in touch with his relatives. UNLIGHTED MOTOR CAR. Thomas Davidson, charged with being the owner of an unlighted motor car, was fined 5s and costs. MAN KNOCKED DOWN. Vincent John Spain, who was represented by Mr J. P. Ward, was charged with being the owner of an unlighted motor car and also with negligent driving. He pleaded guilty to both charges.— Senior Sergeant Quartermain stated that on December 22 at about 9.20 p.m., the defendant was driving down Princes street south, and when he was approaching the Oval a man walked out from the footpath and was knocked down. Another car came up and the man jumped on board and pursued the defendant, who had not stopped, finally overtaking him at the St. Kilda Town Hall. He then accused the defendant of having knocked him down, but the defendant denied all knowledge of the accident, and gave a wrong name. His number ,was taken, however, and lie was traced. • The senior sergeant maintained that in knocking the man down and not having seen him' the defendant had been guilty of negligence.—Mr Ward stated that with regard to the charge of having no tail light the defendant had taken his car to a garage to have his tail light repaired, but when he removed the car again repairs had not been effected. The other charge, which was by far the more serious of the two, was not a case of a motorist knocking a man down and driving away, leaving him to his fate. The defendant was travelling about 30 miles an hour past the Oval Hotel and knew nothing of the occurrance a man boarded his car at St. Kilda and accused him of having knocked him down. The defendant stated that the man behaved in such an eccentric and emotional manner that he thought he was either mad or drunk. He, the defendant then gave the man a wrong name, which was a foolish thing to do, but as he had no knowledge of having knocked the man down lie did not think he was bound to give his name. The defendant pleaded guilty to the charge, as he should have been keeping a sufficiently good lookout to have noticed the man.—The statements of two eye-witnesses were read in which it was stated that the defendant’s speed 'was about 35 miles per hour. The car was seen to swerve, after which a man was seen lying on the road.—The magistrate said that in the statements of the eye witnesses the car was seen to swerve as if to avoid something on the road. An unsatisfactory feature of the case was that the defendant gave a wrong name. He would be fined £5 and [costs (£1 ss).