CITY POLICE COURT

Otago Daily Times, Issue 25454, 8 February 1944, Page 4

CITY POLICE COURT

Monday, February 7 (Before Mr H. W. Bundle, S.M.) Tlieft of Handbag

James Kent Robertson, a rangefitter, aged 37, and Jeanette McGreager Miller Robertson, aged 37, pleaded guilty to the theft of a lady’s handbag and contents, of a total value of £2L2s 6d, the property of Thelma Stone—Senior Detective T..Y. Hall said that on January 11 Mrs Stone left her handbag in the lounge of an hotel. Later she found that it had disappeared, and she inserted an advertisement In the newspaper. The bag had been returned, without the contents, by Mrs Robertson, who gave another name, and stated that she had found the bag in the Woodhaugh Gardens. Interviewed by Detective W. McDougall and Temporary Constable Palmer, the two accused admitted the theft. The husband had told his wife to take the bag home *nd that they would *' go fifty-fifty ” in the contents. The wife had, however, apparently removed some of the money before the division was made, as all the husband had received was £2 15s. The sum of £l3 10s was still unaccounted for. as also was a ring of car keys valued at ss.—Mr O. G. Stevens, who appeared for the two accused, said the couple had foolishly succumbed to temptation. The fact that they had returned the bag, thus making the detection of their offence inevitable, proved. that they were not criminally minded.—The magistrate remarked that this sort of sneak-thieving was very prevalent. It was a despicable theft, and any honest persons* would have returned the bag. He admitted both the accused to probation for 12 months, and ordered the restitution of £l3 15s. The male accused was ordered to take out a prohibition order. After-hours-Trading —

For selling liquor after hours, Leo Heeney, licensee of the Fitzroy Hotel, was fined £ls and costs.—Police Sergeant N. Kempt stated that as a result of a complaint received-by-the police, Sergeant C. L. Spencer and" three constables went to the Fitzroy Hotel at 10 p.m; on January 29. Fourteen persons had been found on the premises without lawful excuse. Twelve of them were in the bar and were being served by the licensee.-r-Mr A. G. Neill, who appeared for the defendant, said that Heeney.had just returned to the hotel on the evening in question, and some people who had been at another gathering, on seeing him open the door, had asked whether they could obtain a drink. Heeney had promised to give them a “ quick one,’’ and had intended to make them leave immediately afterwards. Heeney, Mr Neill said, had been in the hotel for only nine months, and his conduct of the premises had been good.—The magistrate said that in fixing the penalty he had taken into consideration the defendant’s previous good record. Thefts from Crib Frank Watson Mclvor. a labourer, appeared for sentence on charges of the theft of a radio set, binoculars and household goods from ' a crib at Purakanui.— Senior Detective Hall said that restitution had been made of some of the articles Commenting that such thefts were of a despicable nature, the magistrate imposed a sentence of six weeks' imprisonment. Young Man Remanded

A young man whose name was suppressed appeared on a charge of failing to stop after being directly involved in an accident.—Police Sergeant Kempt said that at 10.40 p.m. on February 5 a boy five years of age had been knocked down Jay a car which, the police alleged, had been driven by the accused. The accident had occurred at the corner of Castle and Albany streets. The injured boy had been taken to hospital.—For the defendant, Mr P S. Anderson asked for a remand to enable further inquiries to be made. The defendant, he said, was a young man with an excellent record. On the night concerned he had borrowed a car, and when passing some people at the corner of Castle and Albany streets he felt a light bump, but did not think he had hit anyone. Subsequently the owner of the car had reported it stolen after the defendant had used it, and it was possible that any damage that the car showed had been done after it was unlawfully removed from where the defendant had parked it.—The defendant was remanded until February 14, bail being granted on his own recognisance of £SO. The magistrate also made an order that he was not to leave his place of employment without written consent Collision with Tram Norman Patrick Lindsay, a motor driver, pleaded not guilty to failing to give way to a tram.—William Edward Walker, tramway motorman, said that on December 2, 1943, he was driving a north-bound tram along George street about 1.30 p.m. His speed before he reached St. David street would be about 15 or 16 miles an hour. As he neared the intersection he noticed a south-bound tram approaching, and slowed down and sounded the gong. He saw a truck approaching the intersection from St. David ssreet, although his view of it was obscured by another tram. He had further applied the brakes, but had struck the back of the truck as it crossed in front of him. At the time of impact he was travelling at eight or nine miles an hour.—John Maxwell Wright, salesman a passenger on the tram, said that the tram was going no faster than the normal speed of a tram. The speed had decreased prior to the accident.—Mr W. McAlevey. who appeared for Lindsay, said that, although the regulations gave trams the right-of-way, they did not condone neglect on the part of tram drivers or absolve them from taking all precautions to avoid a possible accident. —The defendant stated in evidence that he had been driving in the city for 15 years. The tram, he said, approached the crossing at a “ fairly fast ’’ speed, and, he claimed, did not slow up before the impact.—The magistrate said that, although the defendant should, technically, have given way to the tram, there were several other factors which had to be considered. The corner was a bad one, and there was no suggestion of excessive speed on the part of the defendant. An approaching tram had also interfered with the motorman’s view. Taking into consideration these circumstances, he would not enter a conviction. j Offensive Matter i, For casting offensive matter, Robert William Smith was fined £l, with costs.