CITY POLICE COURT

Otago Daily Times, Issue 23691, 24 December 1938, Page 2

CITY POLICE COURT

Friday, December 23 (Before Mr H. W. Bundle, S.M.) Drunkenness Donald Matheson, who had two previous convictions for drunkenness within the past six months, was fined 10s, in default 24 hours' imprisonment for a similar offence. Thomas Crawford Young, who had also two previous convictions within six months, was fined 20s, in default 24 hours' imprisonment, the magistrate stating thai if the defendant came before the court again he would probably be sent to Rotoroa Island. Walter Henry Frederick William Smith, who was represented by Mr O. G Stevens, was charged with being illegally on enclosed premises. Sergeant Lean said the< defendant after drinking went to a boarding house and got into bed.—Mr Stevens said the act was that of a drunken man.—The magistrate amended the charge to one of drunkenness, and imposed a fine of 20s. James Ernest Boreham, a statutory first offender, was fined 10s, in default 24 hours' imprisonment. Charges Dismissed Murray Donald Stevenson, Charles David Crichton and Thomas Edward Smith were charged with being found by night without lawful excuse on enclosed premises, or alternately with being rogues and vagabonds.—Chief Detective Holmes prosecuted, and the accused were represented by Mr O. G. Stevens.— Outlining the case, Mr Holmes said the accused were found by the police within the enclosure of Thomson's Crystal Products, which were being rebuilt after the recent fire. The premises were surrounded by substantia] fences and barricades in which was a padlocked wicket gate. Among the remains of the factory were quantities of bottles and debris which employees of the construction company had been told they could take away. Stevenson, had apparently heard of this and told his friends about it. All three went to the premises. They said they found several planks torn off the fence, and made their entry by that means. When found by the police the accused had two sacks of bottles, and there was another sack containing bottles of sauce and paraffin ready to be taken away- It was for the accused to show lawful excuse for their presence there.—Russell Ferguson Meiklejohn, building foreman for the Love Construction Company, gave evidence that the barricades and gates were securely fastened. , The company's employees were permitted to take anything from the debris which might be of use.to them. Witness did not know any of the accused.—To Mr Stevens: There was only junk on the premises and the builders would be only too pleased to have it taken away. If it were not removed it would all go to the rubbish tips.—The witness told Mr Holmes that the company wouid not approve strangers visiting the premises at night to remove debris.—Sergeant Cooper said that with Constable Cross he found the accused gathering bottles. The accused said it was all junk and useless, and that it was being taken to the tip at St. Kilda. There were 71 bottles of sauce and four bottles of paraffin oil in the sacks. Witness found three boards torn off the fence.—Corroborative evidence was given by Constable Cross,—Mr Stevens said that the defence was that there was no enclosure and that the men were not found on the premises, but only in the neighbourhood.—The accused, Smith, gave evidence as to the boards torn off' the fence.—The magistrate said there was quite a probability that the boards were off the fence. However, that did not give the accused the right to enter the premises. Still he did not think there were grounds for a conviction on .either charge, even though they did collect the "junk." The charges were dismissed, subject to the payment of costs totalling Bs. The magistrate told the accused that there had been no need for them to enter the premises at night, since, as had been pointed out, permission could have been had to remove the bottles if the building foreman had been approached. Explanation Accepted Francis Bertram Turner was charged with making a false claim under the Motor Spirits Taxation Act, 1927.—Chief Detective Holmes said the defendant was a fisherman and possessed a motor launch. Under the Act he was allowed a refund of 8d a gallon on petrol used in his work. He made a return to the department claiming a refund On 220 gallons, whereas he had purchased 176 gallons.—The magistrate accepted the defendant's explanation that he had altered a form because he had lost a docket and dismissed the charge, subject to the payment of costs (12s). False Declarations Francis Cleaver Matthews, who was represented by Mr M. Joel, pleaded guilty to making false statements under the Employment Promotion Act.—Chief Detective Holmes explained the circumstances, stating that by his false declarations, the defendant had received excess relief totalling £l7 lis.—Mr Joel stated, that the defendant was living apart from his wife and he obtained onl- £8 excess himself the wife receiving the rest.—The defendant was fined £2l, in default one month's imprisonment, to be paid at the rate of £1 15s a week. Kenneth John Stewart (Mr C J. L. White), who was similarly charged, was stated by Ch ef Detective Holmes to have received excess relief to the value of £6G 7s 6d, having made 15 false declarations in which he claimed that he war living with his wife, who had. however, been in Australia since l' ; 34.—A fine of £66 7s 6d was imposed, to be paid at the rate of 10s a week. Arthur Ernest McGinn, who rnd made 19 false declarations and thereby obtained £8 0s 6d in excess of the relief to which he was entitled, was fined £lO. with costs (10s), to be paid at the rate of 5s a week. Motorists' Offences For exceeding t speed limit of 30 miles an hour Edwin Georee Valentine Roberts was fined 20r with costs (10s), and for having no driver's licence was fined 3s. with costs (12s). Malcolm Chisholm was fined 10s, with costs (10s), for driving a car which was not eqninted with a warrant of fitness.—Similarly charged, Charles W Tyler was fined ss. with costs (10s) For driving without due care and attention Tames Ronayne Kennedy war fined ?0s with costs (10s) Stanlev Mulciueen was fined ss. with costs (10s). on each of two charges of having no warrant of fitness and of being an unlicensed driver. Unlighted Bicycle For riding an unlighted bicycle, Frederick Fuell Vickers wag fined ss, with josts (10s). I

A Further Remand William Lawrence Bowler appeared on remand on charges of drunkenness and- committing a breach of a prohibition order, and was further remanded until this morning..