MAGISTRATE’S WARNING

Otago Daily Times, Issue 27450, 25 July 1950, Page 7

MAGISTRATE’S WARNING

A “ Borderline 11 Case CHARGE AGAINST CHEMIST DISMISSED The ease’ was a borderline one, which possessed certain unsatisfactory features. He hoped that chemists would cease the practice of supplying " repeat ’’ subscriptions with the original order. It was at least reprehensible, and on certain occasions would deceive the Department of Health. Mr J. D. Willis, S.M., issued this warning in the Magistrate's Court-at Dunedin yesterday when he dismissed 'a charge of attempted false pretences to which Werner Theo Hoffman, aged 27, manager of J. Waters, Ltd., had oleaded not guilty. Hoffman was represented by Mr A. G. Neill, K.C. It was alleged by the prosecution that, with' Intent to defraud-, Hoffman had attempted to obtain from the Health Department £4 8s Id by failing to represent that he had supplied Ronald Jack Godfrey North with nine tubes of dimenformon ointment, whereas in fact he had . supplied him with seven tubes only. For the defence, Mr Neill said that the prosecution had to prove an intent to defraud. There was quite clearly no intention on the part of the defendant to give seven tubes and be paid for nine. The defendant had to pay Sharlands, and for that reason he claimed for nine, so the prescription would not be broken up. Dismissing the charge, the magistrate said the defendant had adopted the reprehensible practice of supplying a prescription for a future date. On the evidence there was no intention to deceive, and the defendant had adopted what he. said was a more or less regular procedure. Repeating that the case was on the border line, Mr Willis said he hoped that it would be a warning to chemists that in future such a practice would be liable to lead them into trouble. MAGISTRATES WARNING—3 Domestic Trouble After hearing evidence in a case involving charges of assault and wilfully ill-treating children laid against a married man, the magistrate made an order prohibiting publication of the names. The charge of assault was withdrawn by the police and the three charges of ill-treat-ment were dismissed when the police did not offer evidenoe. Mr I. B. Stevenson, who appeared for the accused, said there had been domestic tfouble, but the accused and his wife had been reconciled for the past 18 months and both were fond of the children. “Let this be a lesson to you both," remarked Mr Willis. Any court, he said, leaned to . the solving of domestic disturbances. Under the circumstances, he did not blame the police fof bringing the prosecution. Term of Probation A young married woman, publication of whose name was ordered to be suppressed, was placed on probation for 12 months after she had pleaded guilty to the theft of an electric iron and the sum of £4 10s, of a total value of £6. Chief Detective Hall said that the accused had taken the iron and the money from her aunt’s house while the aunt was away. In explanation, the accused said tfyat she was being pressed for money. ! Ship Deserter Conditions had been “ pretty bad ” aboard the ship and they were fined for very trivial things, said Edward Connolly, a ship’s fireman, aged 43, who pleaded guilty to deserting from the Mahana at Lyttelton on July 15. For the agents, 1 Mr J. C. Robertson said the accused did not like the ship, so he decided to leave it and stay in New Zealand. The ship had left the country. Connolly was sentenced to one month’s imprisonment with hard labour. Chimney Fires For allowing chimneys to catch fire, James Patrick Dolan was fined £l, with costs (10s), and Leslie Farquharson Brough was fined £1 10s, with costs (10s). Two men were each fined £2, with costs (10s), for being unlawfully on licensed premises.