MAGISTRATE’S COURT

Press, Volume LXXIX, Issue 23977, 18 June 1943, Page 7

MAGISTRATE’S COURT

THURSDAY (Before Mr E. C. Lewey, S.M.) THEFT CHARGE DISMISSED The methods of the Royal New Zealand Air Force In obtaining evidence in a case wherein John Hugh McPherson, aged 60, a member of that service, was charged with the theft of aviation spirit, was strongly criticised by his counsel, Mr C. S. Thomas. The Magistrate held that the evidence was insufficient, and the information was dismissed. Senior-Detective H. Nuttall stated that on May 27 the defendant's car had been stopped and examined by Royal New Zealand Air Force officials with the result that a sample taken from the tank was subsequently found on being analysed to contain 90 per cent, of aviation spirit. McPherson was subsequently charged with the theft of five gallons valued at 13s 4d, the property of the Royal New Zealand Air Force. Flight Lieutenant A. W. Burbridge stated that the sample had been taken from the car in accused’s presence. To Mr Thomas, he admitted that no seal had been placed on the bottle that contained the sample. Flight Lieutenant A. H. E. Markham, equipment officer, said that the bottle was labelled and corked within two minutes of being procured. Witness wrote the label, and Perkins had placed It on the bottle. He made out the card which McPherson had signed, and he also took the sample, with others, to the analyst. Accused, said Detective M. R. Stewart, could not account for the fact that aviation spirit had been found in the tank. In a statement, produced, McPherson declared that someone else must have put it there. ... . “The whole question of obtaining evidence in cases like this is absolutely wrong,, and most unsatisfactory,’ said Mr Thomas, who added that there should be no possible loop-hole when such teste were taken. His client, said counsel, was a man with a first-class record. Mr Thomas criticised the procedure adopted, emphasised that the bottles had not been sealed, also that McPherson had not been given part of the sample taken from his tank. “The procedure was so bad.” he added, “that the Court should not be prepared to act upon it. The evidence is also so unsatisfactory that it is insufficient to convict a man.” McPherson, who went into the box, said he had been three years at the aerodrome in question. As to the sample, he said, he never saw it after it had ■been taken. , Senior-Detective Nuttall: Your counsel says that you have a first-class record. Is it not a fact that you were convicted in this Court on a charge of theft? “That’s all you have against me, replied McPherson, who said that * piece of rope had been thrown on his truck, and, as it had been found in his yard two years later, he had to plead guilty to having it in his possession. While he thought the circumstances suspicious, declared the Magistrate, It was Impossible for the Court to accept the evidence, especially as in such cases where there was a conviction great severity was exercised as to the penalty. The method of obtaining evidence as revealed was certainly unsatisfactory. The accused had the benefit of the doubt, and, accordingly, the charge was dismissed. FAILED TO REPORT Edward Vivian Weir was charged with having failed to report for sendee, also with failing to notify his change of address It was admitted, said Mr Roy Twyneham for the accused, that he had failed to report to the military authorities m Auckland for medical examination. Two years ago, added counsel, Weir had been graded 111, and had voluntarily joined the Home Guard, but owing to persistent ill-health had not attended parades. The case was adjourned until July 1, so that Weir could be medically examined by the military. USED BROTHER’S PAPERS When Arthur Herbert McCarthy appeared charged with having failed to enrol in the general reserve, the police stated that he had obtained a position in a city hotel by the use of his brother s military papers. "This is worst legtura of the case, commented SUb-lnspee-tor J. F. H. MacNamara. McCarthy, who was described as a casual worker, was fined £B. An application to suppress his name was refused. Mr G. P. Purnell appeared for the defendant, and explained that McCarthy had applied for enrolment but had not completed the procedure required by law. •■lt is just a question whether this Is not a very gross case,” was the Magistrate’s comment. THEFT FROM BOARDER A young married man, who had gone to Wellington in search of work, and while at Lower Hutt helped himself to £1 from the wallet of a fellow boarder, was ordered to come .up’ for sentence within a year if called Upon, also to refund the money taken. As there was no previous conviction against him, the Magistrate ordered the suppression of his name. ANIMAL KILLED BY ENGINE Drummond Alderson,Withers, a drover, was charged with driving cattle across Alliance street, near the railway crossing. on February 17, when e train was approaching. He was fined 10s and ordered to pay costs. Though the emergent brake was applied and tho engine whistled, one of the cattle was struck, and had to be destroyed. GERMAN PISTOL For being in possession of a German automatic pistol, James Henry Smlther. of Gray ton street, was fined £5 and ordered to pay costs. The pistol was not In good order, stated the police, and the defendant had been quite frank about the matter. The Magistrate ordered the forfeiture of the weapon. LICENSING OFFENCE Gordon William Hume. Henry Hunt. John Sidney Piper, and Charles Edward Shaw, all of whom were found at the Caledonian Hotel on May 15 at 8.55 p.m., were each fined £l. OFFENSIVE MATTER For casting offensive matter, Robert Edward Counsell and John G. Lecky were fined £2 each. CHIMNEY ON FIRE John Leslie Hill, for allowing « chimney to catch fire, was fined £1 and costs. CIVIL COURT (Before Mr <5. G. Chisholm, S.M.) DAMAGES CLAIM UPHELD Leonard Clemens, fruit and produce merchant, of Christchurch, was the plaintiff in a claim for £SO by way of damages against V. W. Spinks, trading as Spinks Garage and Service Station, garage proprietors. Mr D. W. Russell appeared for plaintiff, and Mr C. G. Penlington for the defendant. Plaintiff claimed that the defendant, assuming to be the agent for an unnamed principal, induced the plaintiff to enter into a contract for the purchase of a motor-car. The contract, however, was repudiated by the principal. The latter had refused to be bound by it, and consequently the plaintiff was'unable to enforce the contract, and suffered damages to the extent of £SO. Judgment was given for the plaintiff for the sum claimed. DIVIDING FENCE The Waimakariri River Trust claimed from S. Hunt, farmer, of Yaldhurst, the sum of £6 2s 7d in respect of the erection of a dividing fence. Judgment was given for the plaintiff for the amount claimed. Mr E. W. White represented the trust, and the defendant appeared In person. CHILDREN’S COURT BOY IMPERSONATES MARINE (Before Mr E. C. Lewey, S.M.) A youth of 17, who had been passing himself off as a United States marine, visited service clubs, and obtained hospitality in private homes, was given another chance by the Magistrate. Mr Twyneham appeared for the accused. "This case is on the border line,” commented the Magistrate. "It was a miserable thing to do. If you come before this Court again you will be sent to Borstal for a long term.” The boy was ordered to come up for sentence if called upon within 30 days, also to make restitution of a ring valued at £2 10s, which he had stolen, within 30 days.