Magistrate's Court Discharged Without Conviction On Assault Charge

Press, Volume C, Issue 29505, 5 May 1961, Page 9

Magistrate's Court Discharged Without Conviction On Assault Charge

n think Bain acted most foolishly and brought the trouble on his own head, but jt is true that Blackmore had no right to assault him, though he was subjected to a good deal of provocation,” said Mr Raymond Ferner, S.M., in the Magistrate's Court yesterday. Naville Thomas Blackmore, aged 23, was discharged without conviction under section « of the Criminal Justice Act on a charge of assaulting Russell James Bain, aged 16. Mr B J. Drake appeared for the accused. Bain, a labourer, said that B.ackmore punched him on the nose and he was in Burwood Hospital for five days. To Mr Drake. Bain said he had suggested to Mrs Blackmore that she get a divorce and live with him. but he was only joking. Mrs Blackmore had three children, and the day after the incident she came and stayed at the place where he was boarding. He had had three jobs since leaving school. Mr Drake: Have you any right to come between husband and wife, and did you threaten to hit Blackmore with a shovel? Bain: Yes, if he threatened to kill her. Bain said he had attempted to have the charge withdrawn. He denied that he was “messing about” with Blackmore's wife. Mr Drake said that Bain was making an intolerable nuisance of himself in the Blackmore home, and arguments had arisen between Blackmore and his wife over her association with Bain. BREAKING. ENTERING AND THEFT Although he had not been to work for a month Meadows was able to pay his board and buy new clothing, said Sergeant T A A. Marson when Peter Brian Meadows. aged 24, unemployed. pleaded guilty to four charges of theft and three of breaking and entering houses and committing theft. Meadows was remanded in custody to May 15 for sentence. The accused had ridden his bicycle around Wainoni looking for a house to steal money from. Sergeant Marson said. He knocked on the door of a house, and when no-one answered he climbed in through a windew and stole £5O. He invested £3O of this on horses and lost, and the rest was spent on a trip to Wellington Other sums were stolen from houses and from a boarding - house, Sergeant Marson said. The money was spent on cigarettes and taxis. Meadows had six previous conviction* for similar offences. FORGED CHEQUE A commerc.al artist, Gerald Patrick Clarke, aged 26, had obtained £74 18s 3d from th* Australia arl New Zealand Bank on April 18 by submitting a chequed ,igned by two persons, on which he had neatly pasted three figures over the original cheque number, said Sergeant M arson. Clarke pleaded guilty to charges of committing f rgery by altering the number of the cheque, and obtaining £74 18« 3d by false pretences in that he falsely represented that the cheque, signed by L. Johnson and F Williems, was a good and valid order. He was remanded on renewed bail to May 15 for sentence. Sergeant Marson said that when the cheque, one issued by the bank, was presented by the accused, the bank teller was told that it was drawn on a joint account operated by the two persons. It was later found that there was no account in the name of the two persons whose signatures were on the cheque. Three numbers were found to have been neatly pasted over the original numbers. Bank records showed that the cheque had been cashed previously. said Sergeant Marson The accused, a customer of the bank, admitted the offences when questioned He told police he had been in financial difficulties and resorted to forging the cheque when he became desperate after being advised by the bank not to issue any further cheques because he had overdrawn his account. He had cut the three numbers from other cancelled cheques. MONTH'S GAOL One month's imprisonment was imposed on Adrian Edward Raukawa, aged 21. a driver, when he pleaded guilty to committing a breach of probation on December 15. A probation officer said the offence was committed a month after his release from prison, under probationary licence, last November. Raukawa failed to report to the probation officer after taking employment at a freezing works. On a second charge of breaking and entering a house in Rotorua on January 6. Raukawa was remanded to May 11 THEFT FROM CARS While driving through Riccarton streets on the evening of March 22. Ivan Barrymore Houghton, aged 20. a workman, removed the spare wheel and other parts from a parked ear because it was the same model as his. said Sergeant V F. Townshend Later in the evening he also stole a wheel assembly and other parts from a car near the Ham road garage where he had stopped to blow up his tyres, he said. Houghton pleaded guilty to the thefts of the wheel assemblies and parts of a total value of £27 14s. from cars owned by John Hastings Gibson and Alfred Chapman Henry He was remended on bail to May 15 for sentence.

CHARGE DISMISSED A charge against a youth aged 18, of unlawfully carnally knowing a girl aged 15 years 8 months on May 21, *960, was dismissed. The Magistrate said he could not exclude that at the time of the offence the youth honestly believed the girl was 16. The youth, whose name was suppressed, was represented by Mr B. J. Drake. He pleaded not guilty. SHOPLIFTING After a mother of three children left the shop of the D.I.C. with goods in her possession which had not been paid for she was also found to have a number of articles taken from WardellsKincaids, said Sergeant Townshend. Ida George, aged 42, married, pleaded guilty to stealing goods valued at 15s 4d and 10s 9d on March 29. Mr J. B. Quigley, who appeared for the accused, said she was waiting to enter hospital. The offences had been committed because of her state of mind. It w’as her first conviction. An application for suppression of name was refused. DANCE HALL CHARGES A soldier recently returned from Malaya was convicted on charges of assaulting a constable, obstructing police, and using obscene language. The charges were a sequel to the disturbance at the Scottish Society's hall while a dance was being held in the evening of March 4. The accused, William James Sullings, aged 23 (Mr B J. Drake), had pleaded not guilty to all three charges He was remanded to May 15 for sentence. Bail was renewed. Constable Dailey gave evidence that while he and other constables were trying to place another accused. Fonotea, in a patrol car outside the hall Sullings kept pushing in, along with other youths, and obstructed them. He kept calling out to the police to let the arrested man go. Constable Dailey said he spoke to Sullings about his behaviour, but he did not take any notice and stepped closer and used obscene language. He refused to get into the patrol car when asked to, and started struggling. Sullings struck Constable Ruston two blows on the stomach when the latter came over to assist, said Constable Dailey. Sailings had to be handcuffed before he could be placed in the patrol car. , Sullings, in evidence, said he had returned from Malaya about six weeks before the dance hall incident. He was on sick leave because of chest trouble at the time. On the evening of the alleged offence he had been at Fonotea s house opposite the dance hall. He had not been drinking much. After Fonotea had gone across to the danee hall. Sullings said he was asked by Fonotea’s wife to go over to the hall and get Fonotea out of trouble. Sullings said he yelled out to Fonotea Up to the time he was spoken to by Constable Dailey he had done nothing to hinder the police. He denied swearing, except in his own language, Samoan. Sullings said he became excited because he was pushed and hit his head against the police car. LICENSING OFFENCE For being found on licensed nremisei after hours on March 26. Victor James Harper was fined £3 LIQUOR NEAR DANCE For having liquor near a dance hall. Michael John O’Neill was fined £3. YOUTH FINED John Francis Van Der Veen, aged 18. was fined £6 for drinking liquor in a public place at New Brighton on March 18 when under the age of 21 The defendant had six previous convictions, the last of which was for disorderly behaviour, said Sergeant Townshend. GAVE FALSE NAME John Joseph Maher was fined £5 for giving a false name, and £3 for being on licensed premises after hours on March 17. The defendant had 14 previous convictions. Sergeant Townshend said MINORS IN BAR Ken Henry Prebblc and lan David Shewan were each fined £3 for being found on licensed premises when under age on March 16 lan William Brown. Alexander Mcßeath, David William McDonald, and Bruce David Steventon were each fined £3 for being found on licensed premises when under age on February 10. LEFT BROKEN GLASS Walking across Sydenham Park after attending a party in Milton street. John Michael Powell, aged 20 dropped two bottles of beer from the parcel he was carrying and they smashed on the ground, and he left the broken glass there, Sergeant Townshend said. Pow ell was fined £4 for leaving broken glass in a public place. CAST OFFENSIVE MATTER William Smith was fined £3 for casting offensive matter In Colombo street on April 2. REMANDED Alan Edwin Bollington. aged S 3 was remanded on bail to May 11 on a charge of breaking and entering the countinghouse of the sergeants’ mess at the R.NZAF. Station, Wigram. on Mav 11, with intent to commit a crime. Leonard Prothero Jar den. aged 72. was remanded in custody to May 11 on a charge of assault. Ronald Charles O’Connor, aged 33. who elected trial by lurv on * charge of breaking entering, and theft from a dwelling owned by Walter Reginald Clough, on February 26 waa remanded to May 11 Bail was renewed. Frederick James Nichols, aged 35. was remanded on renewed bail to May 11 on a charge of theft of £3 19s 6d on April 23 (Before Mr A. P. Blair. S-M.) SHIP DESERTION Pleading guilty to a charge of deserting his ship the Athenic while it was berthed at Lyttelton on February 27. Richard Sutherland Alexander, an assistant steward was fined £2O and an order was made for his deportation. Bail was granted, and

he was ordered to report dally to the police. Mr R. G. Blunt appeared for Alexander and Mr P R. R. Mulligan for the informant, the Shaw Savin and Albion Company, IM. Alexander had gone to the police of his own accord, said Mr Blunt. He had been working at the railways as a casual worker and decided he wanted to stay in New Zealand. CHARGE DISMISSED "There is no doubt that the accused's conduct waa suspicious, but having heard all the evidence and the accused'* explanations, which have some ring of truth, the charge will be dismissed," said the Magistrate when John Donald Horgan, aged 20, appeared on a charge of attempted theft of £63, the property of Alan Boyd, on April 13. His conduct in the past has been good, and his employer still trusts him,” said the Magistrate. Horgan, who pleaded not guilty, was represented by Mr A. K. Archer. OBSCENE LANGUAGE “If this kind of thing occurs sgaln you will go to prison. You must stop making these telephone calls to annoy your neighbour." said the Magistrate when fining George Howard Andrews. aged 42, a bus cleaner, £l5 on a charge of using obscene language on the telephone. He was convicted and discharged on a second similar charge. Andrews, who pleaded not guilty to both charges, was represented by Mr D. W. Russell. ASSAULT “The accused had a right to see his child but no right to commit assault," said the Magistrate when he convicted Reginald John Hills, aged 30, a workman, of assaulung his sister, Florence Ivy James, on February 6. HlUs was ordered to come up for sentence if called upon within the next six months. He pleaded not guilty, and was represented by Mr R. G. Blunt. Mrs James said the accused's son lived with her and she looked after him. On the day of the offence the accused came to her house to see the boy, but as she thought it was in the child's best interests not to see him, she told him to leave. The accused then came into the house and the assault took place. DECISION RESERVED The Magistrate reserved his decision on a charge against Viola Anne Dunford, a machinist. when she appeared on a charge of stealing a transistor radio valued at £22 10s, from the Manchester Radio Company, on November 7. Dunford, who was represented by Mr R. G. Blunt, pleaded not guilty. Max Ernest Meyer, a pawnbroker. said that the radio was brought to him and pledged for £5. He later found that it was stolen and reported the matter to the police. Meyer could not identify the accused as the person who gave him th* radio. REMANDED Gavin William Annett (Mr G. R. Lascelles) was further remanded to May 18 on a charge of being in possession of a dangerous weapon on March 29. Bail was renewed. (Before Mr E. S. J. Crutchley, S.M.) THEFT Anthony John Howard, aged 19, was convicted on a charge of theft of £2 from the Golden Moon cafe about 3 am. on April 9. The manager of the cafe, Gordon Scarlet, said Howard came in and asked if he could use the convenience out the back through the kitchen. The prosecution alleged that when he returned to the kitchen he took £2 in notes from a plate under the bench. Mr G. R. Lascelles, who appeared for the accused, submitted that he had no motive for the theft, as he had been paid off from a freezing works the week before. "Money is a motive In itself,” said the Magistrate when he convicted and remanded Howard until May 5 for sentence. Bail was renewed. TRAFFIC OFFENCES The following were fined for traffic breaches:— Exceeding 30 miles an hour: Melville Raymond Clinton .£!?. Miriam Elizabeth Greer. £2: Donald Hickman. £2; Dav:» Roderick Hindin, £2; John Hess Mathers. £3. Driving without due eare and attention: Alan Lyall Falconer, £5 Failing to stop at compulsory stop sign: Michael Joseph Dilnott. £3; Robert William Peters. £2 10s. No warrant of fitness: John McGregor Lathem, £3; Margaret Stewart Macfarlane, costs. Insufficient lights: George White. £3. Overtaking car stopped at pedestrian crossing: James Kitchmer White, £3. Carrying pillion passenger contrary to licence: Rangi Mack Tawhal. £3: Gerald Ronald Lowbrey. £3. Proceeding against red lights: Patrick George Shannon. £5. Exceeding temporary speed limit: Alick James Payne. £6. Travelling at a speed too great to stop in half the clear road ahead: Trevor Dickson Kerr, £3. Exceeding heavy traffic licence: Muir Noel Gold, £5. No heavy motor-vehicle certificate of fitness: Patrick John Glassenbury, £5.