TWO CHARGES

Southland Times, Issue 20664, 20 April 1929, Page 8

TWO CHARGES

TURNER BEFORE COURT.

ONE CONVICTION ENTERED. An echo of the police raid on a house in Fox street about 10 days ago was heard in the Police Court before his Worship, Mr W. 11. Woodward, S.M., yesterday morning, when Harry Turner appeared charged with being deemed to be an idle and disorderly person in that he had not sufficient lawful means of support, and also with having impersonated the police in or about December, 1928.

Accused was represented by Mr A. F. Hogg, who contended that the second.charge would have to be dismissed because the accused had not. impersonated any particular member of the Police Force. As regards the first charge, counsel held that there was not sufficient evidence to show that accused’s conduct had caused the complaints. Accused’s evidence would go to show that he had made a genuine effort to obtain work.

Senior-Sergeant Fox said that the facts leading to accused’s arrest were that he had been residing in a house in Fox street and his mode of living ■ with a divorced woman had led.to complaints beingjaid by neighbours. Turner had been warned by Constable Melville on March 8, but had not got work. Accused had called at the house of the woman’s husband and had said that he was a detective and had made certain inquiries. He had convinced the woman’s husband that he was a detective instructed to look after the affairs of divorced women.

Mr Hogg said that he would admit the husband’s statement.

Constable Melville gave evidence regarding the arresting of accused on the first charge. Accused had told witness that he had travelled 250 miles in search of work without success.

In reply to Mi- Hogg, witness said that McGavock had admitted inviting Turner to the house, but had later told him to leave.

Constable Dunlop, who assisted in the arrest, gave similar evidence. He sta’ed that McGavock had said that there was no one else in the house, but had told them they could look around. The accused and the woman were in a room without a light and accused threatened to resist if arrested.

The accused, when called upon to give evidence, said that his real name was McLauchlin. He had been in the Gore Hospital for three weeks from October 20, 1928. After leaving the hospital he worked for about three weeks at Waimumu, but his health became bad and he came to Invercargill. He had £4O at that time and had paid for his keep at. McGavock’s house. He went to Edendale at. the beginning of February and worked in the gravel pit there for four weeks. His health again failed and he returned to McGavock’s house. Constable Melville warned him to get work and he left the town and tramped 250 miles, but did not get. work. He heard of work and wrote regarding it and received a reply two days before he was arrested. He did not think that he had been using bad language. To the Senior-Sergeant, accused said that he had taken the name of Turner because of other trouble eight or nine years ago. He had been known as Carter at one time, but did not remember giving the name McCormack when he impersonated a detective. He had worked at Tokanui for a time, but had not paid his account at the store there. He had offered to marry the woman he was living with although he knew his wife was still living, but he had done that when he was drunk.

The Magistrate said that he was disinclined to convict on the first charge when a man made a genuine. effort to find work. The charge was dismissed, but Turner was warned that he must get work. Senior-Sergeant Fox said that as regards the second charge he did not think that a man had to impersonate a particular member of the Police Force to bring himself under the Act.

The Magistrate said he thought that when a man said he was attached to the force he was placing himself in the position of impersonating the police. He would be convicted and ordered to come up for sentence when called upon within 12 months. Turner was then' charged with failing to maintain his three children and pleaded guilty. He was remanded to appear at Opotiki in a week’s time.