CITY POLICE COURT.

Otago Daily Times, Issue 20800, 20 August 1929, Page 2

CITY POLICE COURT.

Monday, August 19. (Before Mr H. W. Bundle, S.M.)

MAINTENANCE. domes Donald Carmichael was charged with disobedience of a maintenance order on which he was in arrear to the extent of £402 10s.—The maintenance officer (Mr T. Holland), said that the defendant was at present in Wellington, and he (Mr Holland) realised that it was impossible to obtain full payment of the arrears ■ owing.—'The arrears over £SO were remitted, and the defendant was sentenced to six months’ imprisonment, the warrant to be suspended conditional on his paying the current order of £2 10s per week, 5s per week off the arrears, and reporting weekly to the police in Wellington. Charged with disobedience of two maintenance orders, the arrears on which wore stated to be £2 Ss and £l2 2s respectively, Brian Dale Mehaffey was sentenced to one month's imprisonment on each information, to be released on payment of arrears,—The magistrate ordered that the warrant should not be issued until applied for. Hugh Robert Flack was proceeded against on a complaint for the maintenance of liis four children, at present inmates- of an orphanage.—An order was made ordering the defendant to pay 10s weekly in respect of each child, and lie was also ordered to pay, court costs (£2 2s). YOUNG MEN’S FOOLISH ACT. Campbell Dore and Alan Henderson Harper, two young men, were jointly charged with having broken and entered the dwelling of James Todd with intent to commit a crime.—Dore was further charged with unlawful conversion of a motor car valued at £l5O, the property of William Frederick Fleming.—Mr B. S. Irwin appeared for the accused Dore, and Mr A. C. Hanlon for Henderson. — James Todd, proprietor of the Enterprise service station, King Edward street. South Dunedin, said that on the night of August 10 he locked up his premises about 10.30, and after taking his wife to a friend’s place went to a party, where he met Harper, who had sometimes worked for him. Witness had a faint recollection that Dore was also at the party. Shortly after midnight Harper obtained the keys of the bowser pumps from witness, stating that he wished to get some petrol for a man. The keys were returned shortly afterwards. When witness returned home about 3.30 on the morning of August II lie found that doors which he had left locked were open, and the back door appeared to have been forced. Later in the morning, when he went to cook the breakfast, hq found that a dozen eggs and 21b of cake Were missing.—To Mr Hanlon: When he saw them at the party, both of the accused appeared to have had drink.—Detective,, Taylor produced a statement in which Harper gave an account of what happened on the night in question. Witness also stated that when he charged Dore with having broken and entered Todd’s premises and With being in the company of a man who had converted a motor car to his own use. Dore denied all knowledge of the offences.—Chief Detective Cameron said that on August 13, after Dore had been locked up a little over an hour, he scut a message by. the gaoler saying that he wanted to see witness. Witness went to see him, and received from him an admission that he had been concerned in the conversion of the car. The accused also admitted having taken the eggs and cake from Todd’s premises, but said that the doors of the dwelling were open when he took them.—Mr Hanlon said that there had been no prima facie case made out against whose conduct throughout appeared to have been more foolish than--. criminal. Moreover, there was no evidence to prove that lie had broken into Todd’s premises.—The magistrate agreed with counsel, and dismissed the charge against Harper.—On behalf of Dore, Mr Irwin pointed out that whilst Dore had admitted having been in the car when it was converted ho had not driven it, and also that ■whilst he had admitted taking the e"gs there was no evidence that hejiad broken into, the house to do so. Counsel suggested that in the circumstances the charge of breaking and entering might bq reduced to one of theft, more especially as the accused was undoubtedly under the influence of liquor when the offences were committed.—The magistrate supported Mr Irwin's suggestion, and the charge was reduced accordingly. —-Ii 11 in said that Dore, who was a labourer, was a hard worker and a good husband, but he was somewhat addicted to drink.—His Worship ordered the accused to be remanded in custody until I'nday,- ponding a report from The probation officer.