MAGISTRATE’S COURT

Otago Daily Times, Issue 25455, 9 February 1944, Page 5

MAGISTRATE’S COURT

LICENSING BREACHES In the Oamaru Magistrate’s Court yesterday, before Mr H. W. Bundle, S.M., eight men were charged with being on the premises of the Georgetown Hote. on December 30, 1943, at a time when such premises were required to be closed. Thev were James Peerson Reid, Charles McKenzie, Wilfred C. Kirby, Benjamin Waby, Alfred Moore, Eric Wade Grave, Horace Kirby, and James Herries Forbes. The licensee of the hotel, Norman Walter Taylor, was charged with opening ins premises for the sale of liquor when they were required to be closed, and he was fined £ls, with costs (12s). J. P. Reid was fined 18s, with costs (12s), while the others were each fined £l, with costs (10s).—Senior Sergeant D. W, Black prosecuted for the police.

Intoxicated Motorist Errol Torrance, who appeared on remand, was charged with being in a state of intoxication while in charge of a motor car in Thames street on January 30. He pleaded guilty, and was represented by Mr H. J. S. Grater.—Senior Sergeant D. W. Black, outlining the case, said that the defendant had reported at the police station at 0.30 am., on January 30 that he had had a collision with another motor car. The defendant had been medically examined and found to be in a state of intoxication. Both cars had been damaged considerably. The defendant was a single man, aged 24, who had returned home after three years’ service in the Middle East. He had been wounded. It was not a bad case of intoxication.—Mr Grater said that the defendant was not in the habit of drinking, and had reported the mishap immediately.—The magistrate adjourned the case for 14 days, the defendant in the meantime to pay for the damage to the other car, which would be in the vicinity of £4O. Within this period he would be prohibited from driving a motor vehicle. No Permit for Firearm

Hugh Mulcahy was charged with procuring possession of a firearm from Adolphus James Trewhella without a permit.— Mr A. R. Tait entered a plea of guilty for the defendant.—For the police, Detective Sergeant G. Taylor described the shooting on the Old Mill road which had resulted from a boy gaining possession of the firearm. The defendant had been on a drinking bout at the time and was not a suitable person to own a firearm. —Mr Tait said that Trewhella had asked the defendant to shoot rabbits with the weapon and the defendant had used the rifle several times for this purpose. The rifle had not been handed back because there was likelihood of the defendant shooting more rabbits. The weapon had been hanging on a wall in the defendant's hut at the Old Mill, and had been acquired by a boy, who had subsequently fixed at 'four other boys. He submitted that it was hardly the defendant’s fault that the rifle had found its way into the boy’s hands.—Mr Bundle said it was not suggested that Mulcahy had handed thp rifle to the boy, but he was unfit to possess a rifle if he was an habitual drinker. The defendant was fined £2 10s, with costs (10s).

Charges of Mischief A charge of wilfully damaging a letter box, the property of John Thomas A. Reid, at Oamaru, about December 24, 1943, thereby committing mischief, was preferred against Eli William John Barnes, Winnet McCallum Paton, and Harold Richard Allington. Paton and Allington pleaded guilty, while Barnes pleaded not guilty. As, however, Barnes refused to enter the witness box, the magistrate declined to accept such a plea, and the admissions of the other two defendants that mischief had been committed were accepted.—-Senior Sergeant Black described the damage to letter boxes, and residents of Humber street gave evidence, stating that their letter boxes had been removed and damaged.—The magistrate said that it was evidently a case of youths who had been drinking. People had been nut to considerable trouble and had asked for no recompense. He would not convict the defendants, but each of them would have to make a'payment of 20s. Charge of Bookmaking

Bing Joe Lowe, alias Norman Lowe, was charged with carrying on the business of a bookmaker. —Mr H. J. S. Grater represented the accused, who pleaded not „ u ilty.—Detective Sergeant Taylor, who conducted the prosecution, said that Dating slips, double charts, etc., had been found in the defendant's possession. The defendant admitted betting with bookmakers, but denied being a bookmaker s agent.—Mr Grater asked that the charge be dismissed, as there was nothing to show with whom business had been transacted. There was nothing to show that the accused had one single client, and lie might iust be receiving a commission for being a steady investor,—The magistrate said that the' slips, etc., found in the accused s possession might belong to anyone inteiested in racing, and there was no actual evidence of any bets being made. The conviction of the defendant, either as a bookmaker or an agent, would not be justified, and the charge would be dismissed.