Magistrate’s Court Former City Theatre Manager Acquitted Of Theft

Press, Volume C, Issue 29511, 12 May 1961, Page 7

Magistrate’s Court Former City Theatre Manager Acquitted Of Theft

Fluorescent powder, which showed only under an ultra-violet-ray lamp, was sprinkled on coins in the cashbox of the nibble nook in the Plaza Theatre after a series of petty thefts had been reported, it was said in evidence in the Magistrate’s Count yesterday, when Oswald Louis Low Beckett, aged 46, former manager of the Plaza Theatre, pleaded not guilty to the theft of 5s 6d on March 15 and to the theft of 6s 6d. between March 7 and 14. Both charges were dismissed by Mr J. D. Willis, S.M.

Beckett was represented by Mr B. J. Drake,' and the prosecutor was Senior-Ser-geant G. M. Cleary. Constable W. M. Ramage, police photographer, said it was decided to set a trap for the thief, and £3 5s 6d in "•ash was treated with fluorescent powder and put in the cashbox in a locked •upboard at the theatre. Next morning 5s 6d was missing. With other police officers he went to the Plaza Theatre. Beckett and a woman cleaner were there. The woman cleaner agreed to have her hands examined under the ultra-violet-ray light, but when Beckett was asked to consent to be examined he became very excited and neryoue, and protested at the actions of the police. He refused to undergo the test. Later, after talking to Detective-Sergeant W. E. Hollinshead, Beckett consented, and marks of the powder were found on his right thumb and the palm of Ms hand. There was no trace of the powder on his clothing. The powder was a mixture of two powders. One washed off very readily, the other was very hard to get off. Constable Ramage said. He got some on his hands, and although he had his hands in water quite frequently it was still there some days later.

To Mr Drake Constable Ramage said there was no trace of powder on the loose change in Beckett's possession.

Zeta lona Doreen Ellis, said she managed the nibble nook at the theatre. Before March 15 the cash was left in a eashbox each night and olaced in a locked cupboard. Shortages were found at times. No other person had authority to touch the money.

Michael Stanley Joseph Gilligan, a supervisor of nibble nooks, said that after the trap had been set he told the a 1 eused that there had been losses over about six or seven months. The nibble nooks organisation was a subsidiary of Kcrridge-Odeon. Ltd., owner of the PlazaTheatre. Beckett did not have! control over the nibble nook. Mr Drake produced a circular from the company to theatre managers saying that they had over-all control of nibble nooks in their theatres.

Beckett was very upset and was shaking when he was asked to consent to his hands being placed under the ultraviolet ray, said DetectiveConstable D. J. Elvin. He refused point blank. He said he had never been in trouble with the police before, 'and would consult his solicitor. When the witness returned with a search warrant. Beckett ordered the police out of the theatre. DetectiveConstable Elvin said. When the warrant was produced Beckett left.

After the powder marks were found on Beckett’s hands he produced a key to the cupboard in which the cashbox had been kept. To Mr Drake the witness said Beckett told him that he had had the key since he took over the theatre. In a statement made to Detective-Sergeant Hollinshead Beckett said that on occasions he bad taken change from the cashbox, and he admitted that he had taken more out than he put back. To Mr Drake DetectiveSergeant Hollinshead denied that he had called Beckett a b— thief. Beckett had told him that he had put 2s 6d back in the cashbox. Giving evidence. Beckett said he had been manager of the theatre for about 18 months, and before that had been manager of the Embassy Theatre, formerly the Grand. He was very excitable. While in the Grand Theatre he had up to £BOOO in the vault. This was the takings from the six Kerridge-Odeon theatres in Christchurch.

Detective-Sergeant Hollinshead had said to him: “We think you are a b— thief.” and he had replied: “I don’t have to take that from you” and he had ordered the policemen out of the theatre. They then said they had a

search warrant, and he went to pay an account

“If I ever borrowed any money from the cashbox I always replaced it, and I have never stolen a penny from Kerridge-Odeon. That morning I had £24 in notes in my possession. My two daughters came to the theatre with me, and I got one of them to pay an account. I took some small change from the till and put in 2s 6d. I tried to find the change in the cashbox but it was not there,” said Beckett. The manager of the Avon Theatre, S. E. M. Moodie, gave evidence as to Beckett’s reputation for honesty. “The accused has put forward an explanation which may or may not be true,” said the Magistrate. “He has said that he was changing money and had not put all the change back at the time. It is possible that he did not put it back as promptly as he should have done.” (Before Mr A. P. Blair. S.M.) FALSE PRETENCES By issuing valueless cheques to Christchurch businessmen' and shopkeepers on 12 occasions between April 13 and 17, Eric Cleon Rush, aged 43. had obtained money and goods valued at £B7 4s lOd. said Sergeant T. A. A. Marson. Rush pleaded guilty to 12 charges of false pretences, and was remanded in custody to May 18 for sentence.

Sergeant Marson said Rush bought a cheque book from the Rlccarton agency of the Commercial Bank of Australia on April 13. He told a bank clerk that he had an account there. When questioned by the police he admitted the offences, and said he had spent the money on living expenses and liquor. His explanation for the offences was that he was out of work at the time and had been drinking heavily.

"To my mind, your actions were quite inconsistent with those of an innocent person,” said the Magistrate, when he convicted Richard Allan Roberts, aged 23. a hairdresser (Mr J. N. Matson), on a charge of theft of £4 10s by misappropriation. He pleaded not guilty. Roberts was ordered to pay £25 towards witnesses' expenses, and also make restitution of £5 ss.

The charge arose after the accused, who was working as a prison officer at the Rolleston prison, was given money by another prison officer to pay a fine for him in Christchurch, said Sergeant V. F. Townshend.

Frank Lewis said that on December 23 his wife gave Roberts £5 to pay a fine of £4 10s for him at the Magistrate's Court office, as a result of a traffic offence conviction that had been imposed on him. "When Roberts returned he gave me 10s change, and when I asked him for the receipt he said that lie had been in a burry and forgotten it, said Lewis. 11l evidence. Roberts said that he had forgotten to pay the fine on December 23, and been unable to do so later, because he had been sick. BREAKING AND ENTERING On two occasions while on guard duty at the Royal New Zealand Air Force Station, Wigram, betw’een midnight and 8 a.m., Alan Edwin Boilington broke into the sergeants’ mess warehouse by forcing the lock with a piece of celluloid, said Sergeant Marson. Boilington, aged 53, pleaded guilty to charges of breaking and entering the warehouse on April 26 and May 4 with intent to commit theft. He was remanded on bail to May 18 for sentence. Sergeant Marson said Bollington admitted to the police that he had taken cigarettes and liquor valued at £6 9s on the first occasion. THEFT FROM STORE Frederick James Nichols, aged 35. who pleaded guilty to the theft - of a jacket valued at £3 19s 6d from Galvins, Ltd., and to being in possession of illegal lottery tickets on April 28. was remanded on bail to May 15 for sentence. Sergeant Marson said the proprietor of Galvins. Ltd., was informed by a woman that Nichols had taken the jacket from its display stand at the door of the shop. Nichols threw a coathanger into an alley. and when questioned Was wearing the jacket over the top of his suit coat. ASSAULTS IN HOTEL Errol Thomson. , who broke two beer glasses and threatened to use them on a person in the bar of the Caledonian Hotel on March 16 after he had been refused a drink, was told by the Magistrate that he was lucky he was not before the Court on much more serious charges. Thomson pleaded guilty to charges of assaulting William Jefferson, a barman at the hotel, and Ivan Miles, who went to Jefferson's assistance, and using obscene language in the bar. He was fined £l5 on each of the assault charges and £5 on the last charge. Sergeant Townshend said that when Jefferson refused to serve the accused because he was too drunk, the latter climbed over the bar and punched Jefferson. He then kicked Miles and broke two beer glasses and threatened to use them on Miles. INSULTING LANGUAGE CHARGE A man was discharged under Section 42 of the Criminal Justice Act when he appeared on a charge of using insulting language in his home, within hearing of persons in the street, on May 5. His counsel said the offence was committed during a domestic dispute. The man s name was suppressed. RESERVED DECISION In a reserved decision the Magistrate found Viola Anne Dunford, aged 18, guilty of the theft of a transistor radio valued at £22 10s from Manchester Radios, Ltd., on November 7. Dunford pleaded not guilty to the offence last week. The hearing was adjourned to May 18 for sentence of the accused. SUSPENDED SENTENCE A woman was ordered to come up for sentence within six months if called upon on a charge of assault on April 13. Her name was suppressed. HOUSEBREAKING After attending a party, a man and two youths broke into a house at Whakarewarewa, Rotorua, and stole £23 10s and jewellery, said Sergeant Marson. Adrian Edward Raukawa. aged 22. pleaded guilty to a charge of housebreaking at Rotorua on or about January 6. He was remanded to May 18 for sentence. The total value of the goods stolen was £2B 7s Sd. Sergeant Marson said. The accused was at present serving a month's imprisonment for breach of probation. Mr R. Twyneham appeared for Raukawa. RECEIVED STOLEN PROPERTY When a converted car was found it was discovered that an overnight bag and a leopardskin belt was missing, said Ser-

geant Marson. Wayne Gilbert Sutton, aged 18, pleaded guilty to receiving the property on.or about February 4 when he knew it had been stolen. He was remanded to May 18 for sentence. Bail was renewed. INDECENT ASSAULT

A man whose name was suppressed pleaded guilty to four charges of indecently assaulting two boys, aged 12 and 13. He was remanded to May 18 for sentence. Bail was renewed. FALSE STATEMENT

Waking up in the morning after he had crashed his ear into a pole at Upper Riccarton, a man panicked and reported to the C. 1.8. that his car had been converted. Sergeant Townshend said.

Herbert John Heka. aged 31? (Mr R. G. Blunti. was fined* £lO when he pleaded guilty to* a charge of making a false’ statement to the police on April 23. Heka had later admitted to the police that his car had not been converted but that he had abandoned* it after mis-* judging a turn and hitting a» pole. He had then gone homo by taxi.

The defendant had suffered a stroke and was partly paralysed, said Mr Blunt. He was* in a confused state of mind and dfd not know his legal position as a result of the accident. CHARGE DISMISSED A charge against Robert Harold Joseph Wheeler, formerly employed by the Sydenham Pet and Garden Supply, of theft of £l2 18s 9d by converting the money proceeds from shop takings, to his own use on January 17, was dismissed. Wheeler was represented by Mr R. G. Blunt. To Mr Blunt the proprietor of the shop. Byron Wilson Whiteley, said it was usual for Wheeler to take home the day’s proceed® rather than leave them at the shop overnight. Whiteley said he had informed the police after the accused had “disappeared.” The accused had the takings of January 16 in his possession. However. Wheeler notified Whiteley to call at a local hospital where he had been confined, and was there given the shop bakings. The Magistrate dismissed the charge without hearing further evidence. THEFTS FROM CAR Thomas Wharekawa, aged 21, and ETrol John Mischewski, aged 22. each of whom pleaded guilty to a joint charge of theft of items valued at £lO 7s 6d from a car owned by Sydney James Large on March 11, were each convicted and discharged. Sergeant Townshend said both accused had been sentenced in Invercargill for converting the car and other offences. STOLE NECKLACE After using a neighbour’s telephone on February 18 Edward James McDonald Ross, aged 30, a barman, went into a bedroom in the house and' took a string of pearls valued' at £2, said Sergeant Townshend. Ross pleeded guilty to the charge, and was fined £5. Am order for the return of thef property was made. DISORDERLY BEHAVIOUR A charge of disorderly behaviour in Cashel street on i March 12 against John Garrick Ferguson Pirie (Mr S. H. Wood) was adjourned to May 18 for a probation officer’s report and sentence. Pirie, who appeared on summons, pleaded guilty. Sergeant .' Townshend said 1 that Pirie stepped in front of an oncoming car. playing "chicken.” The car wad forced to pull into the side i of the road. When the driver approached Pirie he threw a beer glass at him and there was a bit of a scuffle, he said. LICENSING OFFENCES William George McCallum, licensee of the British Hotel. Lyttelton, was fined £2O for selling liquor after hours on January 17, and was convicted and discharged on a charge of aiding an offence. His wife. Mary McCallum, was fined £5 for obstructing the police. Mr P G. S. Penlington. who appeared for the defendants, entered pleas of guilty to all charges. Two youths aged 17, who each pleaded guilty to charges of drinking liquor in Cathedral square on February 26, were each discharged without conviction under Section 42 of the Criminal Justice Act. Their names were suppressed. Albert Charles Lange was fined £2 for supplying liquor to a minor on March 17. He pleaded guilty. Graham Wooten was fined; £3 for committing a similar offence on March 11. For bet ng on licensed premises after hours on March 11 Thoihas Joseph Kane was fined £3. A fine of £2 was imposed on an 16-year-old girl who was found on licensed premises on March 11. On a similar charge a youth, who will be 21 next week, was discharged without conviction. Suppression of name was ordered in both cases. ILLEGALLY ON RACECOURSE Tlie defendant was a rather persistent offender, as he had five previous convictions for the same offence, said Sergeant Townshend. Clifford Boyd Ogilvie was fined £lO for being unlawfully on a racecourse on April 1. REMANDED Ivan John Rickerby. aged 27, was further remanded to May 18. on bail, on a charge of assault, on April 1. Barry Thomas Jack, aged 17 (Mr W. F. Brown), was remanded to May 18 on a charge of arson. Sergeant Marson. who opposed bail, said the accused was not living with his parents, and the alleged offence had been committed while he was on probation. The Magistrate refused bail and ordered that the accused be kept apart from ' other prisoners. Leonard Noel Forsyth, aged 43 (Mr R. G. Blunt), was re- i manded on bail to May 18 on I a charge of theft involving £l2 at Lyttelton on May 2. A man whose name was sup--pressed was remanded to May 18 for sentence on two charges of truck conversion at Lyttelton. Bail was renewed. Gavin William Annett. ared 21 (Mr G. R. Lascelles), was remanded to May 18 on charges of resisting the police and obscene language. A man whose name was sup- : pressed was remanded to June 8 under the provisions of the Mental Health Act on a charge of attempted indecent assault on a male. He was represented by Mr B. G. Dingwall. Ronald Charles O’Connor, aged 32. was remanded to May 17 on a charge of housebreaking and theft. Ball was renewed. Kevin Victor Hurst, aged 17.' was remanded to May 19 for a renort from the Child Welfare Officer, on a charge of unlawfully converting a motor vehicle. He was granted bail. Donald Bruce Strachan, aged 17. was remanded on bail to Mav 19 on a charge of unlawfully taking a motor-car on March 19 CHARGE WITHDRAWN A charge of assault against a man whose name was suppressed was withdrawn on the application of Sergeant Marson. There had been some doubt about the accused’s mental state, and he had since been certified, said Sergeant Marson. Before Mr X D. Willia, S.M.) FINED £2O William John Erridge. aged 30. was fined a total of £2O when he was convicted on two charges of theft, one of wilful

damage and one of having illegal lottery tickets in his possession.

To the first charge of theft, I which was of electrical wire, valued at 12s 6d, from Assoc i-1 ated British Cables. Ltd., Er-' ridge pleaded not guilty, and i to a charge of theft of elec-i trical wire, valued at 10s, from the Municipal Electricity Department. he pleaded guilty. He also pleaded guilty to wilfully damaging a gate to the extent of £5. the property of Associated British Cables. Ltd., and to having illegal lottery tickets tn his possession. A fine of £5 was imposed on each charge while on a i further charge of being a rogue and a vagabond he was con- j victed and discharged. The first theft was alleged to, have taken place between March 1 and April 10 and the other offences on April 10. THEFTS FROM MILK BOTTLES Leslie John Blake, aged 18 (Mr G. T. Mahon), pleaded guilty to stealing 3s 5d from milk bottles in the New Brighton area on April 1, and was fined £lO. CHARGE DISMISSED A similar charge against Michael Richard Ellis, aged 19 (Mr B. J. Drake), who pleaded not guilty, was dismissed. SENT TO BORSTAL One of four girls who were found by police aboard the overseas vessel, African Reefer, while it was berthed at Lyttelton on Tuesday was sentenced to Borstal training when she appeared for sentence. The girl, Beverley May Corkin, aged 18, had pleaded guilty on Wednesday to a charge of being idle and disorderly in that she had insufficient lawful means of support. CHARGE DISMISSED A charge against Henry Joseph Kay, of being a rogue and a vagabond, in that he was unlawfully on the enclosed premises of Associated British Cables on the night of April 10. was dismissed. He pleaded not guilty, and was represented by Mr H. J. B. Quigley. LICENCE CANCELLED On a charge of dangerous driving at Belfast on March 26, Neil Frank White, aged 20. was fined £l7 10s and his driving licence was cancelled fur i two years. He pleaded guilty iby letter. Traffic Officer J. W. Clark said that he signalled White's car. which was travelling at a high speed, to stop outside a dance hall in Belfast just after midnight. The car failed to stop and it continued down the road with its lights off. He then chased the car and forced it on to the side of the road. The driver, White, said that he had drunk one bottle of beer. OTHER TRAFFIC CASES On other traffic charges brought by the Transport Department offenders were dealt with as follows: — Exceeding 30 miles an hour; Norman Frederick Ellis. £3; Henry Harper, two charges. £.3 10s on each; Ronald Hendrik Sluis, £5; Cranley Brian Britnell. £2 10s. Carrying pillion passenger contrary to condition of licence: Thomas Philip Davis. £7 10s; Allan Neil WalKer, £7 10s; Malcolm Norman Waddle. £7 10s. Exceeding 30 miles an hour with pillion passenger not wearing a safety helmet: Sydney Alexander Newton, £2. Vehicle dangerously loaded: Stephen Lawrence Murray, £10; Ronald David, £l2 10s Failing to keep to the left: Peter Allan Keep. £5 (failing to display licence sticker £1 10s). Exceeding neavy traffic licence: Middleton Timber Company. £lO. Permitting use of unlicensed motor-vehicle: Graham David Bateman, £5. Excessive rear overhang: Mel Bower, Ltd. £5 Parking offences: Benjamin Fow Clements. £1: Arthur Henry Spurr, £l. Using unregistered motorvehicle: Walter Vine Charterton. £5. Failing to give way at giveway sign: Donald Alfred Williams. £lO. Exceeding maximum weight licence; Stevenson's Motors, Ltd., £5.

Failing to stop at stop sign Patrick Walsh, £5.