CITY POLICE COURT

Otago Daily Times, Issue 22102, 4 November 1933, Page 20

CITY POLICE COURT

Friday, November 3. (Before Mr H. W. Bundle, S.M.) REMAND GRANTED. John Stuart. Dick was charged with stealing at Timavu a motor car battery valued at £2 10s, the property of Alexander John MTherson.—Chief Detective Young said that, as a plea of not guilty would be entered, he would ask that Dick he remanded to appear at Tirnaru on Tuesday.—The defendant stated that he had no means, and would be unable to obtain bail.—ln reply to a question, the chief detective said that the defendant had been employed by National Publicatons, Ltd., and bad started business in Christchurch, working tile South Island in a car. It was alleged thatthe borrowed the battery in Tirnaru, brought it to Dunedin, and sold it, and that he also sold the motor car. He had been arrested nt the Nevis.—The remand was granted.— At a later stage the probation officer (Mr John Garbutt) said that the Patients and Prisoners’ Aid Society would pay the. accused’s fare to Tirnaru, and possibly other arrangements would be made for board.—Bail was allowed in the accused’s own recognisance of £25 on the condition that he reported twice daily to the police. UNEMPLOYMENT ACT CHARGES. Stanley Leigh was charged with making a false statement under the Unemployment Act, and pleaded guilty.—Chief Detective Young said the defendant was a widower with one child who secured an allowance from the Unemployment Board on account of his mother-in-law and child. As a result of his false declaration, he wrongfully received £S 15s. He was not supporting his child. Deductions were now being made by the department to offset the amounts overpaid.—The defendant was convicted and ordered to come up for sentence if called upon within 12 months. •Clive Walter Beissel was similarly charged, and pleaded guilty. He was represented by Mr R. L. Faimaid. —Chief Detective Young said the defendant led the Labour Department to believe that he was unemployed and without income whereas as for a period of four weeks covered by the declaration he was in receipt of £3 10s per week, less wage tax. He obtained £2 5s which he would not have received had he made a truthful statement of his position.—Counsel for the defendant said that Beissel had been working for no wages, in th e hope of ultimately securing permanent employment. He did not know he was to be paid when he made the declarations concerning his position, and when at the end of a month he was paid for the whole period he offered to refund to the Labour Department the extra sustenance he had received as a result of his declarations. The offer was refused, as by this time the Labour Department had learnt of his position.—The defendant was convicted and ordered to come up for sentence if called upon within 12 months, a condition being that half the amount of £2 5s be refunded within three weeks and the balance at the end of the next three weeks, MOTORISTS CHARGE}). Cecil Coburn and William Thomas Hall, for causing an obstruction in High street by leaving a motor car standing, were fined 10s and costs. Ronald Talbot and Dudley T. Poole, charged with leaving motor cars on Princes street for a longer period than allowed, were fined, the former 5s and costs, the latter 10s and costs.

George William Davies, for passing a stationary tramcar, was fined 10s and costs.

Henry Fulton was fined ss, without costs, for driving an unlighted motor car.

Herbert Heatherington Picton, who wag charged with being an unlicensed driver and with _ driving an unlighted motor truck at night, pleaded guilty. He stated that he was 20 years of age, and was employed by the Matheson Transport Company.—The magistrate said that he thought that this was a case in which inquiries should be made as to the responsibility for the lorry, and adjourned the matter for a week.

James Martin Samson, for whom Mr B, •S. Irwin appeared, pleaded not guilty to a charge of driving a car that had no rear light.—The evidence of the police was that the offence occurred at 10.10 p.m., but Mr Irwin stated that it would he denied that Samson left home before 10.25.—An adjournment for a fortnight was granted so that Samson, who Was out of town, could give evidence. Athol William Burns was fined 20s and costs (10s) for failing to give way to traffic on-his right. OBSCENE, LANGUAGE. Alfred Edward Arundale pleaded not guilty to u charge of using obscene language at a dance at the South Dunedin Town Hall. —After evidence had been given for the prosecution, the accused declined to give evidence on his own behalf, but stated that he was not the only one concerned. He alleged that he had been singled out. —The accused was convicted, the senior sergeant stating that he was a “ perfect blackguard of a young man,” and that he had previously been convicted of disorderly behaviour,— A sentence of 14 days’ imprisonment was imposed. . UNLICENSED RADIOS. Herbert Arthur Morris, for being in possession of an unlicensed wireless set, was fined ss, without costs. Frank Albert Reynolds, similarly charged, was fined 20s and costs. CYCLING IN PARK. George Mant pleaded guilty to a charge of riding a bicycle on the footpath in the Woodhaugh Gardens.—Senior Sergeant Mae Lean said that the children playing in the park must be protected and that the police were doing their best to stop this type of offence. After the defendant had been stopped and warned by the police he had mounted his bicycle again and had completed hie ride through the park.—After the defendant, who stated that he was unemployed,.had given the magistrate an undertaking that the offence would not occur again, he was convicted and ordered to come up for sentence if called upon within 12 months. BREACHES OF GAME LA^S. William Anderson Dunn, charged with being in possession of trout, and Francis Elgin Maclean was charged with taking trout other than with a rod and line.— Mr P. S. Anderson appeared for the Otago Acclimatisation Society and Mr A, N. Haggitt for the defendant, Maclean- — Mr Anderson said the ranger saw three men netting in the Taieri River and had them under observation for two hours and a-half.—The ranger, in evidence, said he watched the men netting until 5 p.m., using a telescope from a distance of 100 to 200 yards. He could see the features of the men quite plainly and had no difficulty in identifying them. At about 5 p.m.. the men ceased netting and went down stream, finally pulling into the side of the river. One man came ashore carrying a bag in one hand and a kerosene tin in the other. He made off to a hut. Witness pursued the man with the bag, and when it was emptied it was found to contain flounder and mullet. The tin, when produced, contained five trout as well as indigenous fish. The man said his name was William A. Dunn, but lie refused to give the names of the other two men who, by this time had gone across the river in the boat. Witness later called on Maclean at Wingatui and identified him by his moustache as one of the occupants of the boat. Maclean refused to admit anything beyond that lie was in the boat. —Counsel for Maclean submitted that there was no ease to answer. There was no evidence to connect the fish in Dunn’s hut with Maelean, nor was there any evidence worthy of credence on the subject of Maclean’s identity apart from his moustache. He asked that the information against Maclean should be dismissed.—The magistrate decided that a prima facie case had been established.—Counsel for Maclean said his client had fished the river for many years and had never exhibited the slightest interest in trout. It was a most unfortunate case as far as Maclean was concerned. —The magistrate said he could not accept the contention of the defence that there was no evidence to connect the fish with Maclean. In the absence of any evidence for the defence it had to be assumed that Dunn’s trout were the result of the net fishing in which all three men_ in the boat were taking part. The evidence of identification was not merely an illusory matter of a moustache, but also of general appearance and lace. The prosecution had established a case beyond reasonable doubt. Both defendants would be convicted. Maclean was fined £2 10s with court costs (10s), and solicitor's fee (£2 2s). Dunn was fined £2 and costs (10s).