WAIHI COURTS

Waihi Daily Telegraph, Volume XXX, Issue 8452, 13 April 1933, Page 2

WAIHI COURTS

FAILURE TO RESTORE ARTICLES TANTAMOUNT TO THEFT FINDER’S RESPONSIBILITY Cases of a varied nature, including several charges arising out of breaches of the liquor laws, were dealt with by Mr F. W. Platts, S.M., at the monthly sitting of the Waihi Magistrate’s Court on Tuesday. Theft of a watch valued at 14s 6d and a pouch valued at 3s 6d, the property of Herbert William Hearn, was denied by Peter Thomas Wilson, a young Waitawheta farmer, for whom Mr J. B. Beeche appeared. The offence was alleged to have taken place between October Ist and November 30th, 1932. Sergeant C. Harley said Hearn, with others, had been pig-hunting and while changing his clothing in the cowshed on the farm on which defendant was working had dropped the articles. These had been picked up by Wilson, and although defendant had since seen the owner he had made no attempt to return them to Hearn; indeed, it was obvious that he did not intend to do so. “The facts are against defendant,” said the magistrate, after lengthy evidence had been heard. “He found the articles and made no effort to restore them, although he must have known who the owner was. It was his duty either to return the find or to hand it to the police: it he made use of the articles, then that, was tantamount to theft. Another point is that defendant admitted the offence when spoken to by a constable.”

A fine of £l and costs was imposed, Wilson being allowed two months in which to find the money.

A TECHNICAL BREACH Failure to give notice of his approach was alleged against a motorist, Frederick Hawke. The sergeant said that as a result of defendant’s neglect his car had come into collision with a cyclist who was proceeding in the same direction, but who swerved suddenly, giving no indication that he was likely to turn. There was no suggestion that defendant had been speeding and there were no sideroads on the stretch of highway. The cyclist, who had been thrown heavily, receiving severe grazing on the head, had been practising for road races. Defendant gave evidence along these lines and emphasised the fact that the cyclist had given no sign. “I do not think that defendant should be punished. The cyclist had no right to turn without warning on a main highway,” remarked the magistrate.

Sergeant Harley pointed out, however, that if Hawke had sounded hif born the cyclist would not have turned. The Magistrate: Yes; there was a technical breach. Defendant was convicted and discharged.

MISPLACED KINDNESS Misplaced kindness resulted in Edwin Albert Restall, of Whangamata, being charged with having caused to be affixed to a motor-car a number-plate likely to be mistaken for an assigned number. He pleaded guilty. Sergeant Harley said the facts wore that defendant lent the numberplate of his own car to the owners of an unregistered car who wished to come in to Waihi. It seemed that Restall had acted more out of goodheartedness than from any desire to break the law. “I did it purely out of good nature,” defendant told the court. ‘‘The others wanted to go to town to register their own vehicle.” ‘T quite believe what you say,” said the magistrate. A line of 10s and costs was imposed.

BREACH OF ARMS ACT Pleas of guilty were made by Wilfred McAra, who was charged with having delivered possession of a .22 rifle to Basil Roy Arnott without describing the weapon fully on and signing the necessary permit, and witli having delivered possession of the firearm without a permit. The sergeant said defendant had disposed of the rifle to Arnott when the latter was not in possession of a permit, in the absence of which defendant was not able fully to describe the firearm, according to the, regulations. McAra said he had told Arnott to get a permit, but unfortunately he had not done so. Defendant was convicted and discharged on the first charge and was fined ss, without costs, on the second.

OBSCENE LANGUAGE | Electing to be deal with summarily, William Richard Dormer pleaded guilty to having used obscene language. Sergeant Harley said that at 6.5 o’clock on a recent evening Constables Parker and Lockie, who were on duty in Seddon Street at the time, had their attention drawn to defendant who was waving his arms about and using the language mentioned in the charge to another man. This man, naturally enough, denied that he had heard any bad language, but defendant’s words were plain enough to the constables and, no doubt, to a number of other people of both sexes who were in the vicinity. A fine of £3 and costs was imposed and defendant was allowed two months in which to pay.

LIQUOR LAW CASES Breaches of the liquor laws resulted in the appearance of several defendapts. Of John Boggs, who admitted Dipt he had been found on licensed premises while prohibited, and that he had committed a breach of his prohibition order, the sergeant said defenant wag a hard-working man and this was his first breach. A''constable had seen him in front of the bar with an untouched handle of beer before him. Mr F. G. V. Clark endorsed the sergeant's remarks and added that Boggs had been a very steady, industrious map, especially during the last three or four years. Defendant was lined £l on the first charge and was convicted and discharged on the second. For a breach of his prohibition

order, Bertram Hunter was fined £2 and costs and was allowed two months in which to pay, while for similar offences John Francis McCarron was fined £l and costs and Edward Richard O’Brien, a relief worker, was fined 10s, without costs. O’Brien was also allowed two months in which to find the money. Raymond Alfred , Hales, Harry Willman and James Francis Ford, who were found illegally on licensed premises, were each fined £l and costs, Ford being allowed 14 days in which to pay. CYCLISTS AND MOTORISTS Fines of 5s and costs were imposed on Gordon Currie and Allan Murdoch for riding bicycles without lights. For dangerous driving on the Waihi-Pacroa road Conrad Henry Lewis was fined £2 and costs 19s, with witness’ expenses £3 9s Bd. He was fined a further £l, with costs 10s, for failing to stop and give his name and address.

CIVIL PROCEEDINGS Judgment for plaintiffs by default was given in the following undefended civil cases: John Whitehead v. Vernor A. Hutton, £1 IGs 4d, costs Bs. Official Assignee of property of Wm. W. Rowe v. A. H. Ginns, 17s Bd, costs Bs. John Mounsey v. L. Williams, £l 10s, costs 10s. Waihi Hardware Co. v. E. Griffin, £3 11s sd, costs 15s 6d. Liquidator Waihi Mutual Trading j Association, Ltd,, v. A. H. Ginns, £1 6s 4d, costs Bs. On a judgment summons J. H. Pearce was ordered to pay the liquidator for the Waihi Mutual Trading Association, Ltd.. £l 11s 4d forthwith, in default 24 hours’ imprisonment: J. Boggs to pay Clara Rowney £8 7s 6d at the rate of £l a month, in default seven days’ imprisonment: J. E. Angle to pay D. McL. Wallace, Ltd., £7 4s 3d at the rate of £l a month, in default seven days’ imprisonment: Louis Williams to pay Grace Armitt £22 14s at the rate of £3 a month, in default 21 days’ imprisonment; Edward Dye, junr., to pay Harold Thomas Donaldson £1 9s 6d within one month, in default 24 hours’ imprisonment.