POLICE COURT

Southland Times, Issue 22492, 29 January 1935, Page 7

POLICE COURT

SITTING AT GORE.

Mr E. C. Levvey, S.M., presided at a sitting of the Gore Police Court yesterda Qn the complaint of Evelyn Ivy Hicks, William Henry Hicks was charged with being in arrears with maintenance to the extent of £3 17/3. He was sentenced to one month’s imprisonment with hard labour, warrant to be discharged on payment of all arrears to date. Frederick Hoffman did not appear in answer to a charge with travelling on the railways between Invercargill and Gore without a ticket. Andrew Gordon Campbell said that he travelled to Gore with defendant who saw the stationmaster at Invercargill and promised to pay the fare when he reached Gore. _ Constable Potts said he interviewed the defendant concerning the unpaid fine. Defendant resented being spoken to by a policeman. The fare was still unpaid. He was fined £1 and ordered to pay 10/- costs. Reginald Cross (Otama) wrote pleading guilty to a charge of driving a motor car on the wrong side of the parking area in Main street. He pleaded that the offence was unintentional and that he stopped as soon as he realized his mistake. He was ordered to pay 10/costs. The counties’ traffic inspector (Mr P. C. Watson) proceeded against James Henderson (Dunedin) on a charge of driving a ■ class H motor lorry on the main Invercargill-Dunedin highway at Arthurton at a speed exceeding 20 miles per hour. The inspector said that this was one of the worst cases he had encountered. The defendant drove at speeds up to 50 miles an hour. The Magistrate said he had warned and threatened drivers previously. Defendant was fined £5 with 10/- costs. Proceeded against by the Gore traffic inspector (Mr J. H. Croad), Henry Gerken was charged with failing to keep to the left-hand side of the traffic dome at the intersection of Main and Mersey street when driving a horse and dray. The inspector said that the defendant had been warned repeatedly. A fine of 10/- with 10/- costs was imposed. James Henderson (Dunedin) was charged with driving on the wrong side of the parking area in Main street. He was fined £1 with 10/- costs. G. F. Parsonson (Dunedin), similarly charged, pleaded guilty through his counsel (Mr R. B. Bannerman), and was fined 5/- with 10/- costs. Donald Patterson (Waipahi), for driving a motor car without a driver’s license, was fined 2/6 with 12/- court costs. Edward Kubala was charged with allowing seven head of cattle to wander on the Gore-Croydon road. He was fined £1 with £1 2/- costs. James Peterson was charged with negligent driving of a motor car and with failing to give information concerning an accident when requested by a constable. The defendant, who was represented by Mr R. B. Bannerman, pleaded not guilty. Norman McDowell,- a schoolboy, said that on an evening early in December, he saw a car run into the hedge of a house occupied by Mr Noake. Ronald Christie, a youth aged 17, gave similar evidence. Constable Sughrue said that he had interviewed defendant who had commenced to make a statement and then had refused to complete it, saying he did not want to get another man into trouble. He said that a man named Guilford had had the car on the night of the accident. Reginald W. Noake, postmaster, said that a car had crossed the footpath and struck a holly hedge. The Magistrate said that there was no case to answer of negligent driving and this count would be dismissed. On the second charge, a breach had been committed and defendant would be fined 10/- with 10/- costs. Information Dismissed.

Samuel Percy Millar, farm labourer, appeared on remand on a charge of theft at Pukerau about November 24 of a motor-cycle valued at £5O, the property of Leonard James Potter. Accused, who was represented by Mr O. J. Howells, elected to be dealt with summarily and pleaded not guilty. Senior-Sergeant D. J. Hewitt said that the complainant’s motor cycle had been stolen and about a week later the frame was found in a river. Information was subsequently received that portion of the equipment was in the possession of the accused. He made two conflicting statements about a magnetodynamo and said that he had found some tools, but unfortunately for him he said he had found them some time before they were stolen. Leonard James Potter, farmer of Pukerau, said his motor-cycle was stolen about November 21. The tools with the machine were contained in two boxes carried on the machine. Subsequently the frame was recovered in the river at itnapdale. Witness later examined some tools at Otamita and identified them as belonging to his motor-cycle. Witness said that the tools produced were definitely his property. The magneto-dynamo produced was similar to that on his machine. To Mr Howells, witness said that the set of tools was a standard kit supplied with the particular make of motorcycle, with the exception of three extra tools which he had obtained separately and which bore marks which witness identified.

To the senior-sergeant, witness said that one tool which belonged to the kit was not there at the time of the theft, and was still missing. His motor-cycle was a 1930 model.

Constable Sughrue said that he visited a property at Otamita and found an engine and a magneto-dynamo assembled together at a bench. Accused said he had bought the parts from a dealer in Gore, but later said he had bought them from a man named Donaghy, at Pukerau. He said he had found the tools at Pukerau some months previously. The complainant Potter subsequently identified the tools as his property. Accused made a statement denying the theft of the motor-cycle. Archibald Donaghy, labourer of Gore, said he had sold Millar a magnetodynamo. The one produced was not the one he sol’d to Millar. William Donald McDowell, mechanic, of Invercargill, said that the magnetodynamo produced belonged to a 192930 model motor-cycle. This closed the police case. Mr Howells said that the accused was a young married man of excellent character. Few motorists were sufficiently familiar with their tools to identify them definitely, particularly when they belonged to a standard kit. Millar was aware that he was under suspicion several weeks before he was arrested, but he made no effort to hide the tools or parts. He could account for all his time during the period oyer which the theft was committed. Clarence Edward Scarlett, farmer of Otamita, said he had employed Millar for a year and placed full reliance on him. Witness said that accused had been working for him during the week of the theft. Witness did not think accused had any opportunity to commit the theft. To the senior-sergeant witness said that he had not seen the magnetoI dynamo prior to the Monday following the theft. Millar was away from the farm from the Thursday afternoon until

the Friday night. , Samuel Millar, father of the accused, residing at Pukerau, said that his son brought home a kit of tools he haa found on the road in July last. His son arrived home in the afternoon or Thursday, November 22, and stayed at Pukerau overnight, sleeping with witness who was a light sleeper. The accused said he had not stolen Potter’s motor-cycle. He detailed his movements during' the week that the theft was committed.. He had owned several magneto-dynamos and he was not sure which was the one produced. The tools produced he had found on the road near Pukerau. in July last. Margaret Millar, wife of the accused, said that she was with her husband when he found some tools on the road in July. William Carter, motor-cycle dealer, said that he had sold accused a number of motor-cycle parts in December last. He had sold him a motor-cycle in 1930, but he could not state definitely whether the magneto-dynamo produced belonged to the machine. The Magistrate said that while no doubt the circumstances of . the case were inferentially very suspicious, and while the court had very little douot that some of the tools produced did not belong to the accused, the court was not prepared to convict on the evidence presented. The information would be dismissed, but he would direct that the kit of tools be returned to the owner of the stolen motor-cycle. The senior-sergeant: What about the magneto-dynamo ? The Magistrate: The position about that is so unsatisfactory that the court [doesn’t care to offer any opinion.