CITY POLICE COURT

Otago Daily Times, Issue 24421, 5 October 1940, Page 4

CITY POLICE COURT

Friday, October 4(Before Mr H. W. Bundle. S.M.) Motorists Charged Motorists charged with breaches of the traffic regulations were dealt with as follows, costs, unless otherwise stated, being fixed at 10s:—Frederick William Bamfield, no warrant of fitness, fined 10s and costs; David James Kirby, failing to yield right-of-way on a pedestrian crossing, fined 15s and ccsts; Colin Thomas White, motor cycle without efficient silencer, fined £1 and costs; Thomas Evered Steel, unlicensed heavy traffic vehicle, fined £2 and "A Family Affair" Leslie Cole Rosenbrock and Ronald Henry Wilson, who were represented by Mr O. G. Stevens, pleaded not guilty to having stolen four motor tyres, the propery of Alexander Edward Malcolmson.—Outlining the charge, Detective Sergeant Hall told the court that about 12 months ago the complainant left an old motor car chassis outside his father-in-law's farm on Pine Hill,\the arrangement being that it was to have a truck body built on it. The chassis remained there until September 13 last, when an inspection of it disclosed that the four tyres, with tubes and rims, had been removed. As a result of investigations by the police the tyres were discovered in possession of the accused, who admitted having taken them.—Evidence along the lines of Mr Hall's statement was given by the complainant, and by Acting Detective Berry, who produced statements signed by the accused, who said that they had taken the tyres, as they imagined that the car had been abandoned. They had, moreover, been told by the complainant's father-in-law, a man named Bell, that the tyres were of no use.—For the defence. Mr Stevens contended that the prosecution had been brought out of spite by Malcolmson, who was a brother-in-law of Wilson.—The accused, Wilson, in evidence, said that the car had been lying near Bell's farm for between 18 months and two years. When he mentioned to Bell that the tyres would fit Rosenbrock's car, Bell said: "You might as well take them as leave them there to rot." Witness and Rosenbrock removed them next day, being under the impression that Bell's remark was equivalent to permission to do so.—After William Gilchrist Bell, a farmer, had endorsed the evidence of the previous witness, his Worship said that in the circumstances he must decline absolutely to convict the two accused of theft. The matter would be adjourned for a week, and if the costs of the prosecution (10s 6d) were paid in the meantime, the charges would be dismissed. Other Charges Charged with drunkenness, Lawrence Imrie was fined £2. in default 48 hours' imprisonment. For employing a minor in the bar Thomas Cuthbert. licensee of the Empire Hotel, was fined £1 and costs (10s).—On a further charge of supplying liquor to a person under 21 years of age, a fine of a like amount with costs was imposed, his Honor finding that the offence had not been deliberHugh Augustus Butel was convicted and ordered to pay costs (10s) for procuring a firearm without a permit.— Similarly charged, Eric John Smart was convicted and discharged. For delivering a firearm without a permit Maud Lockwood was convicted and discharged. James R. Stephens, charged with having driven cattle through Green Island without an attendant preceding the herd, was fined 10s with costs (10s). witnesses' expenses (£1 6s 8d) and solicitor's fee (£1 Us 6d). For allowing the chimney of his house to catch fire John King was convicted and discharged. For casting offensive matter m a public place Allan Muir Weir was fined 5s and costs (10s). For allowing stock to wander on a public road Archie Clark was fined 10s and costs (10s).