MAGISTRATE’S COURT

Grey River Argus, 21 September 1937, Page 8

MAGISTRATE’S COURT

SITTING AT GREYMOUTH. Mr. Raymond Ferner S.M. presided at yesterday’s sitting of the Magistrate’s Court at Greymouth. Senior ■ Sergeant E. Quayle represented the police. The following cases were dealt with: — On the inWmmation of Traffic Inspector R. P. Chibnall Thomas Croft on a charge of operating a motor truck carrying an excessive weight on July 28 was fined 13 with costs 10s. A fine of £1 with costs was imposed upon Mervyn Arthur Gage on a charged of permitting a calf to' wander on the Main Highway at Paroa on August 22. The information was laid by Traffic Inspector Chibnall. John Hepburn Jackson was fined 10s with costs 12s for driving a motor car without being the holder of a license. The information was laid by Traffic Inspector Chibnall. i REMOVAL OF TARPAULINS. Alexander Clelland Jamieson of Blackball, underviewer was, on the information of Andrew Clark, Assistant district traffic manager, Railways department, charged with being in unlawful possession of four tarpaulins the property of the Railways Department. Mr. F. A. Kitchingham who apeared for the informant, withdrew a charge of removing the tarpaulins. Mr. J. W. Hannan, nnnanrorl ToP dpf PTlClclTlt.

Mr. Kitchingham said that defendant was secretary of the Blackball Tennis Club which held a dance on the evening of June 25. About a fortnight prior to that date, defendant had approached the stationmaster at Blackball for the use of tarpaulins to cover some seats which had to be removed from the Miners’ Hall and left out in the open. Nothing was done for some time, and the stationmaster was later informed that the tarpaulins would not be required. On the afternoon prior to the dance the stationmaster received word that the tarpaulins were being used to cover the seats. In company with Constable Moore, he then visited the hall, and Jamieson made a statement that he had seen the tarpaulins lying about at Roa and had taken four of them with the intention of returning tli?m to Roa after the dance. Jamieson said that he had no personal financial gain from the use of the tarpaulins. Mr. Kitchingham said that for years the Railways Department, had offered a xe ward of £2 for information regarding tarpaulins removed from lines and this had later been increased to £3 as the damage done to tarpaulins illegally removed had proved very costly to the Department. Ernest Joseph Cleghorn, stationmaster at Blackball stated that Jamieson approached him for the use of tarpaulins for the purpose of covering seats placed outside on the

night of the tennis uuus uuulc. On the day before the ball he received information that the tarpaulins would not be needed, and he heard later that railway tarpaulins were being used at the hall for covering the seats. With Constable Moore witness proceeded to the hall, where Jamieson was found. He said that he had taken the tarpaulins from Roa, to save the Tennis Club money. He said that he had no permission to do so. The tarpaulins had been sent to Roa for covering coal trucks, and others had to be sent to replace them. To Mr. Hannan: The seats could be seen by anyone. The informer had told him just recently that he would give the reward to the unemployed. The tarpaulins were not damaged in any way. Constable Joseph Moore of Blackball said that with the last witness he had inspected the seats and interviewed Jamieson who admitted having taken the tarpaulins from Roa and said that they had been taken for the Tennis Club’s use. Defendant made a statement, which witness produced.

Mr. Hannan said that there was no criminal intent whatsoever and defendant had made no personal gain from taking the tarpaulins. It had always been the practice to secure tarpaulins from the Railways Department. Mr. Hannan said that a conviction would savour of a conviction for theft. \He asked that an order for costs only be made. Evidence was given by defendant who said that the only tarpaulins the stationmaster would allow him were worn and useless. There were a large number of tarpaulins at Roa at the time To Mr. Kitchingham: He had not handled the tarpaulins at all, but he took the full responsibility for causing their removal. Mr. Kitchingham made application for payment of the reward of £3.

The Magistrate said that in his opinion the Department was fully justified in taking the prosecution as it could not allow people to take French leave with its property, and it was essential, that the position should be made plain to the public. The Department had been put to great expense and much trouble over the taking of tarpaulins, and ho hoped that the prosecution and the publicity it received would act as a warning to the public. It could, however, be said that defendant had derived no personal gain from i’--use of the tarpaulins, but there could be no justification for his action m taking the property of the depart ment. In all the circumstances, the Magistrate said he would dismiss .the information conditional, upon defendant paying Court, costs 16s, solicitors’ fee £1 Is and the amount of the reward payable by the department £3.