CITY POLICE COURT

Otago Daily Times, Issue 21538, 9 January 1932, Page 5

CITY POLICE COURT

Friday, January 8. (Before Mr H. W; Bundle, S.M.) AFTER HOURS. Thomas Ausell, James Connolly and Lawrence Devine were each fined IDs, and costs for being unlawfully in the Gladstone Hotel after hours. —Richard Alfred Watson pleaded not guilty to being in the Crown Hotel after hours. After hearing evidence for the defence the magistrate decided to convict the defendant without a penalty. REMANDED. Joseph Marks was charged with breaking and entering the counting house of Vincent George Bryan King and stealing two New Zealand forestry bonds of a total value of £SO. —At the request of Detective Sergeant Nuttall, who said that the accused had been brought under escort from Wellington only the previous day, a remand till Monday ' was granted. Bail was not asked for. DISORDERLY CONDUCT. Thomas Turnbull pleaded not guilty to behaving in a disorderly manner in Maclaggan street. —Matthew Moylan said that he was walking through Bradway about 10.45 p.m. on December 18. When he came through to Maclaggan street Ins friend, a man named Hegarty, was with Turnbull. They wanted a drink, and Hegarty asked for his money, which witness was looking after. Witness refused to hand' the money over for that purpose, and Turnbull then said he was going to take some apples from a motor truck in witness’s charge. Witness remonstrated with him, and the accused used bad language and struck him a violent blow. Witness was in the employ of Hegarty, who was very drunk. —The accused in evidence gave a different version of the affair, saying that Hegarty had asked him where he could get a drink, and witness had told him that he had no chance of getting one. He then bought some fruit from Hegarty, saying that he did not mind giving a man a hand, and Hegarty then used the bad language, and struck him a blow. Witness retaliated. —Janies Mulcahy, a seaman, said that he hd witnessed the fracas. He did not know Turnbull. He saw one of the other men strike Turnbull first, and Turnbull hit back, but witness could not say whether the blow connected. Cross-ex-amined, witness said that he had overheard in a bar that Turnbull was in trouble, and came to the court to help him out. —The magistrate said that he had no reasonable doubt that the story told by Moylan was the correct one, and he accepted his statement that the assault was committed by Turnbull. The accused would be convicted. —Sub-inspec-tor Cameron said that Turnbull had a bad record; He was one of the thugs of Maclaggan street, and had given a lot of trouble. —Counsel said that the accused was a single man and unemployed. —Turnbull was fined £4, and costs (245), in default 14 days’ imprisonment. A fortnight was allowed in which to pay. FALSE PRETENCES AND THEFT. Described by Detective Sergeant Nuttall as a typical false pretence crook, James Williamson Wallace was sentenced to a term of imprisonment on a number of charges of theft and false pretences; The charges were:—On December 17 last, in incurring a debt for board and lodgings, he obtained credit by fraud to the value of 25s from May Darling Henderson by falsely representing that he was a school teacher on transfer from the Wanaka School to George Street School, Dunedin; on October 7, at Invercargill, with intent to defraud by falsely representing that he had purchased a motor car from South Island Motors and required £2 to pay a deposit, obtained £2 from John Darragh; by falsely representing that he had a cheque from Canada at the bank, but could not get the money until the exchange had been made up, obtained 15s 6d from John Darragh; on December 16, in incurring a debt at Roxburgh for car hire, obtained credit by fraud to the value of £2 10s from Sydney Alfred Robb, taxi proprietor, by falsely representing that he was a Surveyor in the employ of the Mines Department and required the car to carry out his official duties; another similar charge of obtaining credit to the extent of £6 Is, on December 17; in incurring a debt at Timaru of £4 14s with Percy Tretheway Davcy for board and lodgings, obtained credit by fraud by falsely representing that he was a mining

engineer at Nightcaps. The other charges were that he stole a gold sovereign, the property of John Darragh, and that he stole 9lb of quicksilver, valued at £2 ss, the property of the Otago Mining Development Company at Fruitlands. The accused pleaded guilty to all charges and elected to be dealt with summarily.— Detective Sergeant Nuttall said that Wallace was 28 years of age. He arrived here from Scotland only two years ago, and ho was before the court in March of last year, when he was sentenced to three months’ imprisonment for false pretences and theft. Following his release in May he continued his career of fraud in Timaru, Invercargill, and Central Otago. The Central Otago case was a particularly bad one. The taxi driver covered 170 miles in his car and received no payment for the engagement. Ever since he had been in New Zealand the accused had been doing this sort of thing. “He is a typical false pretence crook,” Detective Sergeant Nuttall added, “ and there are numerous instances apart from the charges on which he obtained credit by questionable means which can be classed as borderline cases. He has been wandering round the country taking down whom ever he could.”—ln reply to the magistrate, Wallace said that he had been goinground the country looking for work. He had been dismissed from his previous position to make room for the mine manager’s brother-in-law.— The magistrate: Was it necessary to look for work in a taxi? The unfortunate taxi man drove you 200 miles at his own expense.—The detective sergeant said that it was not correct that the accused was sacked to make room for the manager’s brother-in-law. The manager had described the man as a lying, dangerous scoundrel.—The accused was sentenced to four months’ imprisonment and was ordered to be detained at the end of the term for reformative treatment for a period not exceeding 12 months. UNLICENSED DRIVERS.

Unlicensed motor drivers were dealt with ns follows,: —Ronald Stuart Blyth, 20s and costs; James Patrick Dimgan, 10s and costs; and Thomas’ Evered Steel, for assisting in the commission of the offence, 10s and costs. UNLIGHTED VEHICLES.

Persons in charge of unlighted vehicles were dealt with as follows: —Charles Orlando Bridgeman, 10s and costs (12s); Ronald Corley, a cyclist, 5s and costs; Cusack Noble Mackenzie, 5s and costs; Henry Alfred Scott, 5s and costs. DANGEROUS DRIVING.

Thomae Albert Young pleaded guilty to driving a car in a manner dangerous to the public, and was fined 30s and costs.

BY-LAW CASES. For leaving a motor trailer unlighted and unattended on a footpath, Bruce Robertson Beck was fined 5s and costs. For allowing a motor vehicle to travel backwards for more than a reasonable distance, Thomas Alexander Landreth was fined 20s and costs. Horace Miller for cycling on a footpath, was fined 5s and costs. Edgar Thomson Shand, for leaving a motor car in High street in such a way as to cause an obstruction, was fined 10s and costs. ——George Tekau Bailey, for using an unlicensed wireless set, was fined 5s and costs. CASTING MATTER. George Parker was charged with casting offensive matter in a public place, and was fined 40g and costs. OBSTRUCTING THE FIRE BRIGADE. James Bennett was charged with using indecent language in a public place, and also with obstructing the Fire Brigade.— Sub-inspector Cameron said the Fire Brigade was called to 15 Mardale street, where an outbreak of fire had occurred. While the firemen were at work Bennett drove up in a truck and blocked the getaway of the brigade. When asked to move his lorry, the defendant said the fire engine would have to wait until he had unloaded. The brigade was held up for' seven minutes, and got back to the station just in time to answer another call. —The defendant said the firemen were all standing round the engine, and a lot of their gear had still to be collected: yet they wanted him to move immediately. Witness had a bag of coal on his back when he was approached and could not put it down.—The magistrate said that obstructing the Fire Brigade was a serious offence. The defendant would be fined 40s and costs on that count, but no conviction would be entered in respect of the indecent language charge. COMMITTED FOR SENTENCE. Edward Charles M’Laughlin was charged with attempted breaking and en-

tering in respect of the premises of Julius Romison, 145 High street. —Coustable Kirk said he found the accused about 10 feet up a drain pipe in a right-of-way. He ordered him to come down, and asked what he was doing there. The accused said he had climbed up to get his hat.Acting Detective Turgis gave evidence concerning an admission made to him by the accused that his intention was to break and enter the building.—The accused pleaded guilty, and was committed for Sentence to the Supreme Court. CHARGE DISMISSED. Harry Vivian Smith, who was charged with being unlawfully on the licensed premises of the Provincial Hotel, pleaded not guilty on the grounds that he was a guest in the house.—After hearing the evidence the magistrate ordered the licensee of the hotel to be called.—David Charles Jolly said that the defendant booked in at the hotel on the night in question and produced the lodger’s book as proof. Cross-examined by Sub-inspec-tor Cameron, witness admitted that he had refused to show the police his register. His excuse was that he did not think constables were entitled to get him out of bed at 3 in the morning merely to see his guest book,—The magistrate said the constable had acted quite properly in making immediate inquiries. The defendant’s story was a remarkable one, and the licensee had been guilty of improper conduct in refusing to produce his guest book. If it had been produced the constable would have taken no further action. On the evidence before him he could only dismiss the information, but he would like to state that in bringing the defendant before the court to make his explanation the police had done the right thing. A SERIOUS CHARGE.

James Palmer was charged with bigamy. —Detective Sergeant Nuttall conducted the case for the police.—Constable Roycroft gave evidence concerning a statement made by the accused that he had married a woman in Canada and another in Dunedin. He was making a statement then in order to get rid of the woman he had married in Dunedin. At the time he made the statement the accused was in custody over some maintenance trouble. —Detective Thomson, of Christchuroh, said he _ interviewed the accused and showed him a certificate of a marriage contracted by him in Canada. Accused admitted that he was the James Palmer mentioned therein, and that Rosie Maud Vane, also referred to, was the woman he had married in Canada in 1917. — Counsel for the defence objected to the certificate being handed in because the signature on the certificate was stamped.— Isabella Annan Palmer said she met the accused in Winnipeg in 1924. Witness went to Scotland in 1926, but before she left the accused proposed to her. Later, in Edinburgh, she received a letter from Palmer asking how much it would cost to settle down in Edinburgh and get married. Witness remained in Scotland for a year, and then came out as an assisted immigrant. She had been in Dunedin six months when Palmer arrived. Witness was then in work at Anderson’s Bay. One night when in her company the accused produced a spectacle case inscribed upon which witness saw the name “ Mrs J. Palmer.” Questioned about it, the accused said it was an optician’s mistake. About a year later witness became engaged to the accused, finally marrying him in August, 1928. Witness recognised the marriage certificate produced. Witness and accused subsequently lived together at Portobello for 18 months. Witness asked Palmer frequently why he did not apply to the Canadian Government for his soldier’s marriage allowance, but he always put her off. In October, 1930, the accused left her. In November witness applied for a maintenance order, and was granted 35s per week. The day the accused left her witness received a letter from him stating that another woman was claiming to be his wife, and that he had gone away to clear his name. He would provide for herself and the baby. Witness then applied for maintenance. Witness went to Christchurch in April, 1931, and there met the accused. He admitted having married in Canada. He lived with her for only a month, when she went to live with another man. Accused visited her in July, 1931, at Dunedin, and told witness that his first wife had been living with another man to his knowledge for the past four years. There was one child of the marriage between witness and accused. —Counsel for defence submitted that the case must fail because the prose-

cution had not proved the component parts of it. All the police had done was to prove the celebration of what was said to be the second marriage. Counsel pro-, duced authorities in support of his contention. The certificate of marriage from Canada was, he considered, inadmissible as evidence and furthermore he submitted that the identity of the parties to the first marriage had not been established. But what was most fatal to the Crown’s case was the absence of any evidence to show that the first wife was alive when the second marriage took place.—The magistrate agreed that the point should be proved by evidence. It was not a question of facts so much as one of proof. If the prosecution alleges bigamy it must prove that the second wife was alive at the time of the second marriage.—Detective Sergeant Nuttall: It would appear then that the prosecution is bound to bring a witness from Canada.—The magistrate:. That is so, but it is not a matter for this court to deal with.—The case was formally adjourned till Monday for further argument to be brought. , ■-• • ■