MAGISTRATE’S COURT

Southland Times, Issue 24603, 27 November 1941, Page 8

MAGISTRATE’S COURT

WEDNESDAY (Before Mr R. C. Abernethy, S.M.) A plea of guilty was entered by John Francis Boyle, labourer, Pukearuhe (Mr H. E. Russell), to a charge of failing to report for medical treatment as a member of the Armed Forces. Senior Sergeant Kelly said the accused had been medically examined and ordered to report on October 29 at the Kew Hospital for an operation. He had written in saying he did not feel like going under an operation. Mr Russell said the accused had been under his own doctor who had advised him previously to undergo the operation. He had always refused. His nonappearance on October 29 was not due to any sudden resolve not to have an operation. The Magistrate said he would have to sentence the accused to defaulters’ detention, which would be for the duration of the war unless he submitted to the regulations and had the treatment. His attitude at present was one of complete and absolute defiance. Boyle was convicted and sentenced to defaulters’ detention. FAILURE TO ENROL John Reginald Watt, milk vendor of Invercargill, aged 25, pleaded guilty to a charge of failing to make application for enrolment in the General Reserve. I Senior-Sergeant W. T. Kelly said Watt had written to the authorities in Wellington last July for an enrolment form. He had made no attempt to enrol before. He could give no satisfactory reason why he had failed to do ! so. He was willing to go into camp. “If all the young men due to serve delayed registering until July we would have been in chaos,” said the Magistrate. Watt was fined £lO, costs 10/-. REMOVAL OF LAMP Charged with the theft of a hurricane lamp valued at 8/6, the property of the City Corporation, Colin David Harris, labourer, South Invercargill (Mr J. H. B. Scholefield), pleaded not guilty. Senior-Sergeant Kelly said excavations were being carried out in Elies road south by the City Corporation. To guide traffic the usual hurricane lamps were placed in position. At 1.15 a.m. on October 26 a constable was on duty in Elies road south because of previous complaints of the removal of lamps. He saw the accused take the lamp and carry it away. He could give no reason why he had taken the lamp. He appeared to be vague and to be lost in dreams. He had no idea .of what he was going to do with the lamp. Mr Scholefield, asking that the case be dismissed, said there was no evidence to show the lamp was taken with criminal intent. The case was dismissed. SEQUEL TO COLLISION The sequel to a collision between two motor-cars at the intersection of Pomona road and the North road, Makarewa, which occurred on October 6 was heard when Charles Thompson Warden, Georgetown, Invercargill (Mr B. W. Hewat), was charged with driving without reasonable consideration and Arthur William Cundall (Mr R. T. Meredith) was charged with driving in a dangerous manner. In the hearing of the first case Sen-ior-Sergeant Kelly said Warden had been driving in an easterly direction along Pomona road. At the North road intersection he turned south. Just clear of the intersection a collision occurred between the defendant’s car and a car driven by Cundall, who was travelling north along the North road. Constable A. Mcßae gave evidence of the positions of the cars after the collision. Cundall’s car was lying on its side, he said. Brake-marks extended back from Cundall’s car for 150 feet. Constable H. J. Mulholland read a statement from Warden which stated that Cundall’s car was travelling at a high speed and that it appeared to be cut of control before the collision occurred. Mr Hewat submitted that there was nothing to prove that Warden had not shown due consideration. The charge was dismissed.

In the second case Warden gave similar evidence to that contained in his statement in the first case. Other evidence was given by Constable McRae and a statement from Cundall, the driver, was read in which he said he was travelling at a speed of 40 to 45 miles an hour.

Mr Meredith said this speed was not excessive on that road. Cundall had done all he could to avoid the collision.- He asked that the case be dismissed. Cundall was convicted and fined £2/10/-, costs 13/-. CYCLISTS’ OFFENCES

The following cyclists were fined 5/-, costs 10/-, for riding bicycles through public gardens: Eric Wallace Bridgman, Olive May Dawson, Walter J. Froude, Stewart Dawson McMurdo, James Sinclair Oughton, Stanley Alwin Richards, Frederick Harry Twemlow and Bertha Emily Voice. JAY-WALKERS FINED

Allan Lowe, Albert Oughton, Daisy Dunlop and Bessie Frances Ross appeared on charges of jay-walking. All were convicted and ordered to pay costs 10/- each.

Traffic Inspector E. Stopford said all manner of means had been tried in an endeavour to eliminate jay-walking, including the use of the traffic loudspeaker. He had been reluctant to bring any persons into Court, but had now been compelled to do so. As the cases were the first of their kind he asked only for the persons to be convicted and discharged. TRAFFIC BREACHES For using a motor-vehicle without a number or distinguishing marks, Herbert Howley (Mr J. C. Prain) was convicted and ordered to pay costs. Colin M. Davies was convicted and ordered to pay costs 10/- for allowing Howley to use the vehicle. For operating a car in Dee street without restricted lights Robert Richardson was fined 10/-, costs 10/-. The Magistrate said if car lights were not adapted he would fine offenders heavily. For various breaches of the parking regulations the following motorists were fined: William Stott, 10/-, costs 10/-; Robert Ewens, 10/-, costs 12/-; Archibald D. McKerchar 10/-, costs 12/-; Eric Brooks 10/-, costs 10/-; Francis Hormann 10/-, costs 12/-; Violet M. Walsh, ordered to pay costs 10/-.

William Dobie was fined 5/-, costs 10/-, for failing to ride his bicycle as close as possible to the left. For riding cycles on footpaths, William Hardiman, Jean McKenzie and William George Eastlake were each fined 5/-, costs 10/-. Colin James Caird was fined £l, costs 10/-, for driving a motor wrecking crane at an excessive speed. For driving the vehicle without a warrant of fitness he was fined 10/-, costs 10/-. For riding bicycles without lights, Robert Young and Robert North were fined 10/-, costs 10/-. For a similar offence Charles Emerson was convicted and ordered to pay costs 10/-. CHARGES DISMISSED

Peter A. Thomson, Waikiwi, was charged with driving carelessly out of a right-of-way in Yarrow street on November 11. Ernest Hunt, Invercargill, was charged with a similar offence alleged to have been committed in Doh street on November 11. Both charges were dismissed.