MAGISTRATE’S COURT

Press, Volume LXXXII, Issue 24913, 28 June 1946, Page 3

MAGISTRATE’S COURT

THURSDAY (Before Mr H. P. Lawry, S.M.) ATTEMPTED MURDER CHARGE William Andrew Smythe, aged 51, a blacksmith, was remanded to appear on July 15 on a charge of attempting to murder Martha Edwards Smythe. Mr R. A. Young appeared for the accused. REMAND GRANTED Sydney John Harkess, aged 19, a labourer, was charged that on January 29, at Cora Lynn, he broke and entered the house of Kenneth James 80-yce, and committed theft. On the application of SubInspector G. J. Paine. He was remanded to appear on July 4. DRUNKENNESS Henry James Irwin, a second statutory offender, was fined 20s for being drunk in a public place. DEALT IN SECOND-HAND GOODS Owen Victor Beaumont, a clerk, was charged with carrying on business as a second-hand .dealer without a licence. Sub-Inspector Paine stated that for some time Beaumont had been dealing in sec-ond-hand bicycles. When police visited his home they found four cycles, newlypainted and ready for sale. .There was nothing sinister in the manner in which Beaumont came into possession of the bicycles, most of them having been pur- . chased at auction markets. Apparently he had not been aware of the need for a licence, but he had now applied for one. The defendant stated that he had stopped buying bicycles as soon as he was told by the police that a licence was necessary to resell them. He had applied for a licence, but the application had been held over pending the result of the prosecution. Beaumont was convicted and ordered to pay costs only. FALSE REPRESENTATIONS Douglas William Dyer, aged 30, a labourer, faced three charges- of obtaining sums of 2s 6d from three persons,, by falsely representing that lie Was authorised to sell souvenir calendars on behalf of returned soldiers at Hanmer Springs. Detective-Sergeant A. A Herron stated that since December 22 the defendant had been engaged in selling calendars in the North and South Islands. Complaints having been made, the police found that he had no authority to sell the calendars for returned soldiers at Hanmer Springs. Dyer had stated that he received 3s in the £ commission from some other person, whose name he refused to divulge. He had admitted receiving about £4O as a result of sales. The detective added that the calendars had been come by honestly. Dyer was fined £5 on one charge and was convicted and discharged on the others. » THEFT OF MOTOR TYRES. William Barbarel, a glove cutter, pleaded not guilty to a charge of stealing two motor tyres, of a total value of £4, the property of William Thomas Douglas. Mr J. K. Moloney appeared for the accused. After hearing evidence, the Magistrate said that as an earlier statement made by Barbarel did not correspond‘with the one he made in Court, it would be necessary to enter a conviction. Barbarel was admitted to probation for two years. BREACHES OF ARMS ACT Harold Pring Hodgson was charged with delivering possession of a rifle to Herbert Sydney Poulton without a permit; Douglas Allan Hooper, with procuring possession of a rifle from Boulton without a permit; Poulton with procuring possession of a rifle from Hodgson and delivering it to Hooper; Leonard Thomas Booth with procuring possession of a rifle from Sydney Raymond Johnson, and Johnson with delivering a rifle to Booth? Sub-Inspector Paine stated that the five men went out to Dunsandel on a shooting trip. There had been a shooting accident, and these prosecutions followed police inquiries. Fines of 10s were imposed on all charges. TRIAL BY JURY Roy Vincent Dickey, a wine-seller, was charged with selling 12 bottles of beer without a licence. He elected to be tried by a jury and the case was adjourned until July 8. Arthur Moore pleaded not guilty to aiding and abetting in the offence alleged against Dickey, and the case was adjourned sine die. Mr F. D. Sargent appeared for the two defendants. LICENSING OFFENCES James Charles Dyer and Richard Youngman were fined 20s for being on the licensed premises of the Southern Cross Hotel after hours.

Oliver Francis Watson, licensee of the Lancaster Park Hotel, was charged with exposing liquor for sale at a time when the premises were required to be closed; John Costello, barman at the hotel, was charged with supplying liquor; and Roland Robert Todd was charged with consuming liquor en the premises. Mr F. D. Sargent appeared for the three defendants, who pleaded not guilty. After hearing evidence, in which the defence submitted that Todd had been supplied with and had consumed a handle of sarsaparilla and soda, the Magistrate stated that he must find that liquor had been supplied, but not by the licensee, who was upstairs at the time. Sub-Inspector Paine said, at this point, that Watson had been licensee of the hotel for more than 20 years, and that there was only one previous conviction against him. He kept a “very strict house,” Sub-Inspector Paine added. Costello was fined £lO, Todd £2, and the charge against Watson was dismissed. LIQUOR NEAR DANCE HALL Hugh Greenhorn and William Noel Nicolle were each fined £2 for being in possession of liquor near a dance hall. THEFT FROM ARMY CANTEEN Arthur Clarence Gemmell, aged 32, a soldier, of Dunsandel, pleaded guilty to a charge that between June 11 and June 25, at Burnham, he stole 18 barber’s neck towels, two barber’s overalls, two combs, one length of flex, one hair broom, one ground sheet, one neck brush, two hair brushes, one shaving brush, and one pair of hair clippers, of a total value of £4 13s, the property of the Government Canteen Board. Detective-Sergeant Herron stated that Gemmell had served overseas for five years. He was employed in the canteen at Burnham Camp, and after the articles were missed he made a frank admission to the polirt?. His excuse was that two months ago his home was burnt down and he had lost all the contents. He was attempting to make up his losses. Gemmell 1 told the Magistrate that he lost practically everything in the fire, and that he was struggling hard to keep going. He had expected a gratuity before this time, but it had not arrived 'and he was trying to settle some debts out of his pay. This left him about 13s a week. The Magistrate imposed a fine of £5, refusing an application for suppression of the name. (Before Mr ‘A. A. McLachlan, S.M.) CONVERSION OF MOTOR-CAR Ernest David Miller, aged 20, Walter John Voss, aged 19, Arthur Priestley Firth, aged 21, and Bryan Henry Dewes, aged 19, were charged with unlawful conversion of a motor-car, valued at £4OO, the property of Cyril Wincott Price. The four defendants are members of the crew of H.M.N.Z.S. Achilles. They were each fined £l5.

Sub-Inspector Paine stated that the car had been converted on Wednesday after the four men had paid a visit to a brewery. Another member of the crew, Robert William Brooking, had been in-

jured in an accident which occurred later, and in which the car was damaged considerably. A similar charge against Brooking was adjourned until next Monday. CIVIL CASES CLAIM FOR POSSESSION The Public Trustee, for which Mr R. E. C. Beatson appeared, sought possession of a dwelling at 69 Cambridge terrace from Mrs Eva Taylor (Mr D. W. Russell). Mr Beatson said the Public Trustee was acting in the estate of Mrs Elsie R. Taylor. Possession \ was now sought for her widower and two infant children, who were beneficiaries. The two families in the case were not related. Mr W.* A. Taylor, the widower, had let the house when he went to serve in the National Military Reserve in 1942. He was later attached to the Army temporary staff. An order for possession had been made against the widower in his present lodgings. Mr Russell offered medical evidence that Mrs Eva Taylor was in poor health. She was partly supported by her son, who had returned from three years’ service overseas. She had tried to obtain other accompiodation. v The Magistrate said the case would be adjourned for two months, when an order would be made. In the meantime efforts should be made to obtain a home for Mrs Eva Taylor. CLAIM FOR REFUND A claim for the refund of £6l 9s 6d was made by Mrs Catherine Hahn (Mr A. W. Brown) against Abraham Luke Adams (Mr D. J. Hewitt), because work paid for had allegely not been completed at 298 Worcester street. Mr Brown said £162 had been quoted for alterations and additions, and although little work had been done, Adams obtained a total of £lOO from Mrs Hahn, claiming on three different occasions that he had to pay for materials. Soon after, Adams collected materials and fittings on the job and withdrew. It was learned that cheques he had paid to some of his suppliers were dishonoured. Before Mrs Hahn made other arrangements about the job, she had two reputable builders examine the work done, and they estimated its value respectively at £4O and £3B 10s It had cost £235 to complete the job started by Adams. In defence, Mr Hewitt claimed that Adams had been continuously interrupted by ,the plaintiff objecting to features of the work being done and changing her mind. The difficulties of the trade had to be considered. Adams was fully qualified, having been in the trade for 20 years. The job cost him £ll4 and he had lost money on it. Extras and alterations increased costs on those contracted for. Dismantling always involved difficulties in an alteration job. He had been virtually forced off the job by the attitude of Mrs Hahn. Judgment was entered for the plaintiff for £53. JUDGMENTS BY DEFAULT Judgment for plaintiffs, by default, was given in the following cases:—L. G. King v. D. Marriot, Is 2d; J. J. Niven and Company, Ltd., v. Henry Arthur Cooper, £2 4s 3d.