CITY POLICE COURT

Otago Daily Times, Issue 23203, 29 May 1937, Page 24

CITY POLICE COURT

Friday, May 28 (Before Mr H. W. Bundle, S.M.) STREET DISTURBANCES Charges of threatening behaviour in Rattray and St. Andrew streets on April 23 and-April 24 were brought against Michael Edward Pratt, George Hart and John Franklin Wells, who were represented by Mr O. G. Stevens. The charges against Hart and Wells were dismissed, and the second charge against Pratt was adjourned for 12 months. —Senior Sergeant Packer said that two men had gone into a restaurant in Rattray street at 9.20 p.m. on April 23 to get fish and chips. The three accused were seated in the restaurant. The two men were eating their fish and chips in the street outside when the three , men came out and set upon them. Later in the evening these two men went to a private skating party, and about 1 a.m., when the party was nearly over, the same three men made an appearance and were disorderly. When one of the two men, M'Farlane, went outside into St. Andrew street, he was struck again. Only one man was struck in each instance.—Ronald Clarence M'Farlane, a clerk, said that when he and a friend named Spinks went into the Pacific Restaurant the three

accused were intoxicated. They tojd witness's mate that they wanted to see h}m outside, and when they came out witness was struck. He had to run to get away from them. The three men turned up again at the

skating rink, where there was another disturbance. Witness was knocked unconscious by the accused Pratt,

Statements by the accused were read. In evidence; Pratt said that there had been no fighting in Rattray street. At the skating rink M'Farlane was pointing witness out to his friends and jeering at him. Witness took exception to it, and challenged M'Farlane after the party was over. There was no blow struck. Wifeless merely pushed M'Farlane and ,h,e tripped in the gutter.—To the senior sergeant, witness said that there had been another disturbance in Rattray street on May 22 iri which he had taken no part, although he was in the restaurant. He admitted previous convictions. Neither of the other accused was concerned in the St. Andrew street affray magis-

trate dismissed the charges against Hart and Wells. There was no evidence of disorderly behaviour in Rattray street, and that charge against Pratt was also dismissed. Mr Bundle described Pratt's statement that he merely pushed M'Farlane as absurd. -'l'm satisfied that there

was more to it than that," he said. That charge against Pratt was adr .iOurned for 1? months on condition that hi? behaviour was satisfactory. FALSE DECLARATIONS William Archibald Russell pleaded guilty tt> thre'ej; (Charges of making false declarations, under,the Unemployment Act,™-Chief '■"' Detective Young said that; f:he. defendant, who was on 'sustenance, was. galled upon to make the j usiial re/gjarding his weekly earnings, Between November 7 and March s!Q.he made several statements, three of which failed to disclose the fact that he had let an additional room at 10s a week,' He was interested in a property and had stated in the declaration that he was receiving £ I 0s 6d a week from it. As a result of the incorrect statements he had received £3 lfss 4d excess relief, The defendant, who was an exjustice of the peace, }iad been ip business, and should have known hpw to fill in the forms correctly.r-r The defendant said tie had told the department on January 17 that he was in receipt of extra renti and his sustenance had been reduced accordingly .-rQh each of- the first twp 'charges the defendant was fined £3, pnd on the third charge a fine of £2 18s 4d was imposed, with costs (10s) on each charge. CYCLISTS CHARGED

For riding a bicycle without the rear mudguard painted white, Hamilton. Davidson was fined ss, with costs (10s).

For permitting his bicycle to be towed by another vehicle, Colin Csldwin was fined ss, with costs (10s). MOTORISTS' OFFENCES Herbert Alfred Newell was fined ss, with costs (3s) for parking hfe car at an ihtersection so as to obstruct traffic. Nelgon M'Coll was fined 10s, with costs (10s), for driving a motor truck, without the proper assigned numbers. Ah Gin, an unlicensed motor driver, was fined 10s, costs (10s). • CHIMNEY FIRE For allowing a chimney to catch fire, Eva Sargison was fined ss, with costs (10s). ' SEQUEL TO ACCIDENT

Archibald John Robson, who was represented by Mr E. J. Anderson, pleaded not guilty to a charge of failing to keep to the left of the roadway. He pleaded guilty to being an unlicensed driver.—Senior Sergeant Packer said the major charge rose out of an accident on the main highway near Merton on March 13. Manuel Aspros, a fish merchant, of Oamaru, was travelling towards Dunedin when the defendant's car came out of a side road from Karitane and turned to go south, too. He swung across the road and Mr Aspros's car struck the defendant's front mudguard and was overturned. At the time of the accident the de* fendant did not have a driver's licence,—Evidence along these lines was given by MtmueJ Aspros, who said that at the time of the accident he was .travelling at about 35 miles an hour. The defendant gave no warning. Witness pulled over to the right and could not get any further over without running off the road. —Evidence was also given by David Ralph Orange, a passenger in the defendant's car, and Constable Hayward.—Mr Anderson submitted that, considering the nature of the corner and all tha circumstances of the case, the defendant was entitled to a dismissal of the major charge.— The magistrate held that a prima facie pase had been established, but suggested that the police should consider the question of prosecuting the driver of the other car.—The case was then adjourned until June 11.