POLICE COURT

Southland Times, Issue 22203, 21 December 1933, Page 8

POLICE COURT

YESTERDAY’S BUSINESS

LENGTHY LIST OF CASES. Mr E. C. Lewey, S.M., presided over a sitting of the Police Court yesterday. Gordon Miller for passing a stationary tram car while driving a motor car was fined £1 and costs 12/-. Robert William Irwin, for driving a car without a license was fined 5/- and costs 12/-.

Vernon Austin, on a charge of having no driver’s license, was ordered to pay costs 10/-, and for speeding while driving was fined 10/- and costs 10/-. Ernest John Checketts pleaded guilty to fishing for trout without a license. Mr Eustace Russell, for the Southland Acclimatization Society, said defendant had had licenses in previous years. On this occasion he “took a chance” and was caught. A fine of £2 was imposed with costs 10/- and solicitor’s fee £1 1/-. Eric Gibb, proceeded against by Mr P. C. Watson, county traffic inspector, pleaded guilty to speeding while driving a motor cycle. He was warned by the Magistrate not to appear again on a similar offence on penalty of losing his license altogether. He was convicted and ordered to come up for sentence if called upon within 12 months. His license was endorsed.

The Collector of Customs (Mr H. Cordery) proceeded against James Cook (Mr B. W. Hewat) and William Hamilton for using set nets in the fishing of whitebait. Evidence was given by the ranger (Mr E. Duncan) and fines of 5/- in each case with costs 10/were imposed. William Swann, for driving a motor car without a license, was fined 5/and costs 10/-. Philip John Alley pleaded guilty to delivering a firearm without a permit and was ordered to pay costs 10/-. Mrs M. H. Blick, for having an unlicensed wireless set in her possession, was fined 10/- and costs 10/-. John Stewart Dunlop (Mr C. J. Prain), similarly charged, was ordered to pay costs 10/-. Francis McGregor, for riding a cycle on a footpath, was convicted and ordered to pay costs 12/-. Unlawfully on Premises.

Thomas William Dillon pleaded guilty to charges of carrying liquor without an order, failing to give the required order for liquor, removing liquor from a conveyance other than at the residence of the purchaser, and not guilty to a charge of being unlawfully on premises. Senior-Sergeant Packer said the charges were the aftermath of a drunken carousal in a playshed at the Middle School which had its sequel in court about a fortnight ago. The defendant Dillon was a carrier who was on probation at the present time and who was regarded by the police as being the greatest nuisance in Invercargill. He had been spoken to several times, but had not heeded any of the warnings. He was a married man with a family. Evidence was given by Constable Cook as to the finding of Dillon on the school premises. Defendant, in evidence, admitted being in the school at the time, but ex-plained-that he lived opposite and went to see what the noise was. He had never taken liquor across to the school shed. . Senior-Sergeant Packer, said the school grounds had been discovered in a disgraceful condition in the mornings, and the police were doing their best to stamp this sort of thing out. The grounds were in a filthy condition at times and it could not escape the notice of the children. The Magistrate said that fortunately there was not a great deal of this sort of thing. He would not do much this time, but in future there would be no fining—it would be three months’ imprisonment without the option. Dillon was fined 20/- and costs 20/for being unlawfully on premises and 10/- and costs 10/- on each of the other charges. Ice Cream on Sunday. Robert Charles Symon, pastrycook, pleaded not guilty to Sunday trading. He was represented by Mr B. W. Hewat. Senior-Sergeant Packer said that as a result of complaints received the police had been watching for evidence of Sunday trading by. shopkeepers. The defendant had sold ice cream to two girls on a Sunday and while that was not an offence in itself the onus was on the shopkeeper to see that the icecream sold was consumed on the premises, and not on the street. Mr Hewat said the Court was hardly concerned with the religious feelings of the people. His Worship (facetiously): It’s a terrible thing to eat ice-cream in the street on a Sunday. Mr Hewat said that in the defendant’s tearooms was a notice drawing the attention of customers to the fact that goods bought on Sunday must be consumed on the premises. Surely the defendant was not required to watch everybody eating or drinking in order to see that they took nothing away with them, he asked. His Worship: A doorkeeper would be needed. Mr Hewat: Yes, either a doorkeeper, or he would have to leg-rope his customers until they had consumed their refreshment. Defendant ■ was quite within the law in selling refreshments in a tearooms, but surely he is not required to restrain his customers from consuming their refreshment in the street if they choose to do so, His Worship: It is a technical, breach and I will dismiss the information.

John Patrick Ryan, a fruiterer, for whom Mr T. V. Mahoney appeared, pleaded guilty to Sunday trading. Mr Mahoney said that defendant had sold a sixpenny bag of sweets. He was fined 5/- and costs 10/-.

Failure to Pay Levy.

For failing to pay the unemployment levy Charles Edward Reid was fined 10/- and costs 10/- on each of two charges; Henry Isaac Woodward was ordered to pay costs 10/- on each of two charges; Ernest Arthur Hogue was ordered to pay costs 10/- on each of two charges, and Ernest Clifford Beer was fined 10/- and costs 10/- on each of two charges.

Theft Charges.

A young man, 19 years of age, whose name was suppressed from publication and who was represented by Mr C. J. Prain, pleaded guilty to the theft of a motor bicycle.

Detective Hewitt said that accused had removed a motor cycle left lying on the Tokonui-Invercargill road and had taken it to the farm on which he was employed, there removing certain parts. Counsel said it was a distressing sort of case which had arisen out of an original act of foolishness. The cycle had been left lying on the road for two or three weeks before accused removed it and took it home to repair it for use. He appealed for leniency.

The Magistrate issued a warning to accused and convicted and ordered him to come up for sentence if called upon within 12 months.

William Smith pleaded guilty to the theft of firewood, the property of the County Council. Senior-Sergeant Packer said that defendant was selling wood which was intended for the council’s relief workers.

He was admitted to probation for 12 months.

A middle-aged single man, for whom Mr R. Stout appeared, pleaded not guilty to the theft of timber. After hearing the evidence his Worship convicted accused and ordered him to come up for sentence if called upon within six months. He was

ordered to pay witness’s expenses 8/and ordered to return the timber. His name was suppressed from publication. Keeping Liquor for Sale. Cyril James Adams, a relief worker (Mr Eustace Russell) pleaded guilty to keeping liquor for sale. Senior-Sergeant Packer said that the police had raided defendant’s house and found 39 bottles of beer hidden under the flooring of an outhouse. The police wanted this practice stopped. It was becoming too common in Invercargill. Mr Russell said that defendant had found difficulty in making ends meet and had adopted this means of supplementing his small income. He had a wife and two infant children and was earning 30/- a week for three weeks of the month. Everyone realized the police’s position and their desire to stamp out the offence. In view of defendant’s circumstances he appealed to the Court to treat the matter as leniently as possible. His Worship said that if the offence was to be stamped out the Court would have to adopt an attitude which would be anything but lenient. The law had to be observed, or else the duty cast upon the Court was to impose a penalty to see that the law was observed and inflict a fine of such a size that would mean consequential imprisonment. Offenders had better bear this in mind. There would be no second chances.

Defendant was. admitted to probation for 12 months.

Charges of Speeding.

Michael Ischia, Gore (Mr A. H. W. Aitken) pleaded not guilty to charges of speeding while driving his car from Winton to the Gore races. Inspector P. C. Watson said he had followed defendant who was doing 45 miles an hour at times and refused to stop when requested to do so. Defendant said he was doing no more than 35 miles an hour and owing to the dust did not know the inspector had requested him to stop. Fines of £2 and 5/- with costs 12/— in each case were imposed.