PORT CHALMERS NEWS

Otago Daily Times, Issue 23161, 10 April 1937, Page 23

PORT CHALMERS NEWS

MAGISTRATE’S COURT A sitting of the Port Chalmers Magistrate’s Court was held yesterday morning before Mr J, R. Bartholomew, S.M. FINED FOR ASSAULT Walter Henry Smith, who was represented by Mr K. G, Roy, was , charged,w|th, assapltipg..Sirpon:; Gray Dick arid also with the theft of a tin of tea and a tin of sugar, valued •at-2s-fid, the property of Rowland E. Hayward.—Senior Sergeant Matheson asked leave to amend the second charge so that the value of * , ; r Smitkmleaded guilty .to the charge and > not guilty to the charge of theft.. <. >, -v- ---' The senior' sergeant said that the police visited r the accused, and found; the tins in his possession. He stated that he had obtained them ' from a man named Johnson on the trawler Stina; Hayward, the owner of,',the Stiria, contended that Smith had no right to go on board the boat at all, and Johnson had no right 10 Vgi.ve hiril' the tins, Virhich were sHriyward’s property. V Rowland E. Hayward, a fisherman, identified ... the tins, r 'and, Constable Adams produced a statement made by the accused, iri which he' said Johnson had told him he could have the tins if he went to the Stina and , gofcdhfim. ’•] . ‘ In evidence, the . accused Smith Said that,Johnsdri, who had left Hayward’s .employmerit,: had come to him; and told him there was jam, tea and sugar on the Stina which the accused could have if he went for it. He knew that Johnson had recently bought tea and sugar, and he presumed that the tins were Johnson’s as well. The magistrate said that on l the evidence before him the charge of theft had not been made out and would be dismissed. Referring to the assault charge,/ Senior, Sergeant Matheson said that while Smith was having an argument with a man named Murray, Dick came along. When the last.named admitted he was a friend of Murray’s, Smith savagely attacked him, inflicting injuries which wehe still apparent on the man’s face. There had been no provocation whatever. _ Mr Roy said Murray had owed Smith some money. On the occasion of the assault Murray intimated to Smith that “ he had' a man who would fix him.” Smith took Dick to be tfeis man,, and in the heat of the moment assaulted him. •• “This young man seems,to be getting above himself arid- it is time his Wings',were clipped,” said the magistrate, entering a “conviction. “He will, be fined £5 and 8s for expenses, half the fine to be paid to the complainant. Dick.” UNLICENSED DRIVER Clarence James Ear] M‘Elwee, for whom Mr K. G. Roy appeared, pleaded guilty to a charge of driving a public motor vehicle without having a licence and while under the prescribed age. Traffic Inspector B. R. • Hill prosecuted. -,- / Inspector-Hill said,,the defendant was 19 years/of age and could not obtain .the necessary licence until he was2l. He held a licence to drive a'private car. . , Mr Roy said the , defendant’s father . was 'a returned - soldier who had a taxi' business as well as a wood, arid coal business. He now understood the seriousness,, of the ■matter arid there would be no recurrence. M’Elwee was fined £2 and costs (10s). -