GAOL FOR UNLAWFULLY PROCURING GELIGNITE

Press, Volume XC, Issue 27397, 9 July 1954, Page 9

GAOL FOR UNLAWFULLY PROCURING GELIGNITE

John Rata, a labourer, aged 34, pleaded guilty in the Magistrate’s Court yesterday to charges of procuring eight stubs of gelignite without lawful excuse at Reefton on May 12, and to a charge of procuring a .22 calibre repeating rifle without a permit on May 19 at Reefton. He was convicted and sentenced by Mr Rex C. Abernethy, S.M., to imprisonment with hard labour for one month on the first charge, the sentence to be cumulative to a term now being served in Paparua prison, and convicted and fined £1 and costs on the second charge.

Senior-Sergeant A. B. Collinge, who prosecuted, said that as a result of information received, a room occupied by Rata had been searched. Three stubs of gelignite had been found. Rata told the police he had the gelignite “for blowing fish.’’ The following day five more stubs of gelignite were found and traced, to Rata. He had a record extending over 12 years, and the police viewed the matter as serious, and had reason to believe that the gelignite “was required for something more than blowing fish.’’ Rata was at present serving a term of imprisonment for failing to pay maintenance. During police inquiries Rata was found to have borrowed a fire-

arm without first obtaining a permit. “Having all regard to your past history, Rata, I treat this as a serious matter,’’ said the Magistrate sentencing accused. BAIL REFUSED Stefan Baraklinski, a driver, aged 46, was charged with assaulting Peter Daliessi on June 23 so as to cause actual bodily harm. “I understand there will be an election for trial by jury,’’ said DetectiveSergeant G. W. Alty asking for a remand to July 21, which was granted. Mr B. McClelland, who represented Baraklinski, applied for bail to make it easier for a Bulgarian interpreter and himself to interview accused in the city instead of in Paparua prison. Detective-Sergeant Alty objected to the application. “He has made threats to kill other people, especially a woman he has been keeping company with. One person he has threatened will be a witness,” he said.

"I appreciate your difficulty, Mr McClelland, but you will have to make other arrangements in the circumstances,” said the Magistrate upholding the objection. FINED FOR THEFT Ronald Robert Taylor, aged 21 (Mr B. McClelland) appeared for sentence on a charge of theft. He had previ-

ously pleaded guilty to stealing three spanners valued at £1 4s 6d, the property of the New Zealand Government, on April 2. He was convicted and fined £5. “You have done a very foolish thing. Watch your step,” said the Magistrate. PROBATION FOR MISCHIEF Appearing for sentence on a charge of committing mischief, Douglas Holland, a barman, aged 28, was convicted and admitted to probation for a period of two years. He had previously pleaded guilty to a charge that on June 18 he had wilfully damaged two dressing gowns, one pair of slacks, one coat, two cardigans, one costume, two blouses and eight dresses of a total value of £lO2, the property of Myrtle Averil Geary. Mr N. G. Hathaway, for Holland, said that accused was anxious to make restitution to Miss Geary although he had no funds available. He had had several drinks and felt he had been

unjustly treated by his girl friend when she refused to dance with him

and refused to go home with him. “The Probation Officer is not at all happy about your behaviour and neither am I,” said the Magistrate. “But I am going to give you a chance to repay the grevious damage you have done to this girl.” Holland was ordered to make restitution of £lO2. On a charge of unlawfully converting to his own use a bicycle valued at £23 the property of Eileen Myrtle Spriggs, to which he had previously pleaded guilty, he was convicted and admitted to probation for a period of two years. NO RAILWAY TICKET Laurence Joseph Thompson pleaded guilty to two charges of failing to produce a ticket when called upon to do so by a railway guard on April 10 and April 11. He was convicted and discharged. Senior-Sergeant A. B. Collinge said that on April 10 Thompson travelled on the Christchurch-Dunedin express. He did not have a ticket and gave his name to the guard as Private Little. His name was taken and he was told to pay the stationmaster at Burnham. The following day the same thing happened on the Dunedin-Christchurch express and Thompson was again told to pay the stationmaster at Burnham. He did not. The matter was reported to the police and when interviewed Thompson admitted the offence. “I was going to pay the day I was arrested for maintenance and I am now doing a sentence,” said Thompson to the Magistrate. “May be a good excuse, but it does

not sound too likely to me,” replied the Magistrate. “You do not pay one and you do not pay the second.” In answer to a question SeniorSergeant Collinge said that the total amount of the fares was £2 16s 3d. “You are doing three months in gaol and I am going to convict and discharge you,” said the Magistrate addressing Thompson. “Do not come in front of me again. You have got quite a nasty list.” An application for payment of money owing was refused. LIQUOR NEAR DANCE HALL John Creamer was charged with having intoxicating liquor in his possession near a public dance hall at Sheffield on May 22. Creamer, who did not appear, was fined £3 and costs.

James Keith Restero, who did not appear, was fined £3 and costs for being in possession of intoxicating liquor near a public dance hall at New Brighton. UNREGISTERED FIREARM Robert Noel Pattison, aged 18, who did not appear, was fined £1 and certs for having an unregistered riflle in his possession. “On May 3 he was warned and on May 7 he had to be brought to the station to have the rifle registered,” said Senior-Sergeant A. B. Collinge. “He will have to jog his memory,” commented the Magistrate. RAILWAY LINE NOT CLEAR

Leonard William Prosser pleaded guilty to driving his car over the Sockburn level crossing on the Main South road on April 20 when a “stop” sign was displayed and there was risk of collision with a locomotive using the railway line. He was fined £2 and costs. NO DOG LICENCE For keeping an unregistered dog Trevor Farrell was fined 10s and costs. FAILED TO KEEP REGISTER James Cyril Harding, licensee of the Black Horse Hotel, pleaded guilty to a charge of failing to enter particu-

lars of guest accommodation in the hotel register. He was fined £1 and costs. REMANDED Eric Douglas Lakey, aged 25, a joiner, was remanded to appear on July 15 on a charge of stealing a motor-car fog lamp valued at £4 4s 6d, the property of Charles Walter Kent Johnston. He was represented by Mr R. A. Young. “There will be other charges, but none of them is very serious,” said Detective-Sergeant G. W. Alty. Bail was fixed at £2O in accused’s own recognisance with a surety of £2O. He was ordered to report daily to the police. Douglas Alleyne, an electric plater, aged 30, was remanded to July 15 on charges of driving a motor-vehicle while under the influence of drink and of having no warrant of fitness. Kenneth Sinclair Thomas, a pastrycook, aged 21 (Mr D. J. Clark), was . charged with the theft of a camera valued at £7O, the property of Jean Emily Adams, on or about June 9. He was remanded to appear on July 12. Bail was fixed at £25 in accused’s own recognisance and one surety of £2O, William Ifavey was remanded to

July 12 on 14 charges of breaking and entering and theft between December 1, 1953, and June 15, 1954. Desmond Ernest Le Gros, a carpenter, aged 30, was remanded to July 15 on a charge of stealing carpentry tools valued at £29, the property of Colin William Miles, on or about July 3. “There are several more charges to be preferred,” said Detective-Sergeant Alty. Bail was fixed at £5O in accused’s own recognisance, with one surety of £5O. Alfred Thomas Ellison Miller, a retired storekeeper, aged 65, was charged with driving a motor-car in Montreal street on July 7 while under the influence of drink. Miller, who was represented by Mr B. J. Drake, was remanded to July 15. Charles Alfred Ownsworth, a wood merchant, aged 37, was remanded to July 12 on a charge of driving a truck in Cashel street on July 8 while under the influence of drink. REMANDED FOR SENTENCE Owen Leslie Pugh, a labourer, aged 32, pleaded guilty to four charges of breaking and entering and theft, and one charge of breaking and entering with intent to commit a crime. De-tective-Sergeant G. W. Alty, who prosecuted, said that Pugh and an accomplice had stolen goods and money to the value of £332 15s Bd, and all that had been recovered were 43 pac-

kets of cigarettes and goods and money valued at £75. He asked for an order for their return. Pugh was remanded to July 15 for a report from the Probation Officer. ADJOURNED Peter Blair Herbert was charged with being found on licensed premises at the Addington racecourse on May 22 when he was a person under the i age of 21. He pleaded not guilty, s As a police witness was absent on ‘ sick leave the Magistrate granted an i application by Senior-Sergeant A. B. . Collinge for an adjournment to July • 21.

Three youths whose names were ordered not to be published meantime pleaded guilty to charges of theft of motor-cycle accessories at New Brighton on May 22. The youths were represented by Mr B. McClelland. The case was adjburne,d to July 15 for a report from the Probation Officer.

CHARGE DISMISSED Arnold Skilling, a factory hand, aged 24 (Mr W. G. P. Cuningham), pleaded not guilty to a charge of driving a motor-vehicle in Barbadoes street on June 30 while under the influence of liquor. The charge was dismissed. Skilling pleaded guilty to a charge of having no driver’s licence, and was fined 10s and costs. FIREARMS CHARGE DISMISSED

A charge against George Carlyle Geddes, a railway surfaceman (Mr Roy Twyneham), that on May 11 he discharged a firearm at Whitecliffs in a public place so as to endanger, annoy, or frighten was dismissed. To Senior-Sergeant A. B. Collinge, who prosecuted, Arthur William George Cade said that he heard a shot fired behind the fence of Geddes’s garden while his young son was nearby. He saw Geddes behind the fence, gun in hand. He knew that there had been trouble over dogs, and he saw a dog come through the fence. Constable J. Potts, of Coalgate, read a statement by Geddes. Geddes then said he had fired a shotgun away from the road towards the dog, which was about 40 yards away. He said he knew it would not kill the dog.

“The complainant believes that you fired over the road,” said the Magistrate. "If I thought that you had, I would convict you. It is not proved to my satisfaction that you discharged the gun in a public place.” CIVIL COURT (Before Mr Raymond Ferner, S.M.) ORDER FOR POSSESSION

An order for possession was made in favour of William Anthony O’Brien and Nancy Isabelle O’Brien (Mr G. S. Brockett) against Daniel Joseph Burke (Mr H. S. Thomas) on the grounds that tenancy had been determined by a notice to quit, and that he had been guilty of conduct that was a nuisance and annoyance to adjoining and neighbouring oc-

cupiers. William Anthony O’Brien said that Burke lived in a detached room at the back of his house at 61 Essex street. Burke had kept three dogs in the room and had washed them In the laundry tub. The dogs had fouled the lawn and awakened his children at night. His family had been disturbed by Burke’s radio late at night. Nancy Isabelle O’Brien said the smell caused by the dogs had been offensive and they had caused flies in the house. Burke, replying to Mr Twyneham, said he had not had three dogs all the time, and had one for only 10 days while he found its owner. His radio had not been loud at night. He had been a tenant since June, 1952. , "The evidence here is that the people nearby have been adversely affected,’ said the Magistrate. "I find that this matter of complaint has been established. I see no especial hardship for the defanddant finding accommodation more suitable. I therefore propose to make an order for possession within six weeks. DEBT TO BE PAID BY INSTALMENTS Gavin Douglas Bates was ordered to pay R. Powley and Company (Canterbury), Ltd., £32 6s 7d In weekly instalments of 13s, in default of 34 days’ imprisonment. , , . Mr B. J. Drake, who appeared for the defendant, said that Bates's wife had been president of the Bower branch of the Labour Party when it was formed in June, 1952. Bates had opened an account with R. Powley and Company to purchase liquor for dances and socials of the branch. When there had been some trouble with a raffle, the Labour Representation Committee had impounded the funds of the branch. About £lOO were held by the secretary of the committee (Mr J. L. Laby). Attempts through the

local member of Parliament to have accounts paid out of the funds had failed. Bates said he lost £l5O on the sale of his piecart, and for six weeks had worked at Burnham planting trees. Mr J. R. Woodward appeared for the plaintiff. .JUDGMENT SUMMONSES On Judgment summonses, W. Hurting was ordered to pay the New Zealand Express Compnay, Ltd., £1 9s, in default two days' Imprisonment; A. A. Kerrtdge was ordered to pay Charles Stewart : Thomas. Ralph Patrick Thompson, and > Ewart Morell Hay £8 OS. in default nine days' Imprisonment; A. Gouldmg was ordered to pay Mason, Struthers and Complnv. Ltd P . £5 Js Id, In default six days’ imprisonment; T. Turner was ordered to pay Caraid, Ltd., £l2. to de- ! fault 14 days’ imprisonment; I. C. Martin ’ was ordered to pay Paynter and Hamil; ton, Ltd., £3 18s lid, in default five days imprisonment; J. Flavell was ordered to pay A. F. Hopkins £7 13s, in default eight > days’ imprisonment; T. D. Scanlan was I ordered to pay Gold Band Services, Ltd., 5 £l3 17s 6d, in default 14 days’ imprison- ' ment; C. F. B. Smith was ordered to pay C. R J. Glassey, £6 13s 7d, in default 1 seven days’ imprisonment; Rodney 2 Arundel Kennington was ordered to pay ’ the State Advances Corporation £l2 5s 7d; W. D. Knapp was ordered to pay Har- » ris Brothers, Ltd., £5 6s 3d. In a reserved decision by Mr F. F. Reid, S.M., judgment was given against Selwyn Casewoods (McVicar), Ltd., in favour of 1 Frederick Martin Hilder, for £9 2s Id.