COURT NEWS

Opotiki News, Volume II, Issue 145, 13 February 1939, Page 2

COURT NEWS

TWO MEN IMPRISONED FOUND ON PROPERTIES At the Opotikfc Magistrate’s Court oil Saturday afternoon before Mr. E,. L. Walton, S.M., Henry George David Warrington, labourer, aged 24, was charged with being a rogue and a, vagabond in that, on the 9th. day of February, lie was found without lawful excuse on the enclosed garden of the Presbyterian Manse. Mr. Moi • appeared for the accused unci' entered a plea of not guilty. Constable Rathie conducted proceedings on behalf of the police. Accused elected to be dealt with summarily.

Constable; Jtathio .said that on the 9th. inst. he received a complaint from the Presbyterian Minister to. the effect that accused was on his premises on the night of the Bth. at a very Into hour. Accused had left home at about 11 o’clock at night and went to the M'anse. A girl was sleeping there in a tent. Accused went through the grounds and waited till the lights were out. He went to the tent and put his head and shoulders in and made a hissing noise ami woke the girl up. 'The girl saw the accused and after he had spoken a few words to her she told bun to get away out ol it. The first witness, a young woman, stated that she retired at about 10.10 o’clock on Thursday night. She got undressed and. went to bed. She read for about ten minutes and then turned over to go to sloop. She heard a hissing noise but look no notice ol it at first. After a while she asked who was there and a voice replied “Me”. She lit a match and saw it was the accused. She questioned him and told him to go away. The accused went awny immediately. She lelt scared lor the rest of the night and in the morning told Mr. Hamilton. She slept in a tent for health reasons and it was three years si lie*- she had seen the accused.

(Toss-examined by Mr. Hoi, witness said she had borrowed cigarettes from the accused at times and bad also lent, him three shillings on one occasion. Accused only-bad bis head in the tent. On (lie third time she bad asked who wys.then*, accused bad replied “Harry”. Witness was going to a sanatorium shortly.

Rev. A. C. Hampton, Presbyterian .Minister, said tlie girl bad been at his place for about 15 months. He bad not known her associate with the accused or other men. The girl complained that accused bad visited the tent and witness decided to- have a talk with the police. 'Phi' girl’s nerves were in a bad state.

Constable Cooper stated that the accused was located and made a statement in which lie stated that lie went home on Wcdnsday night, and at I I p.m. went to tin* Church. He waited until all the lights went out in the house and then in the tent, .lie went over to the tent and whistled. IK 1 had walked out with the girl three years ago and she was <>f good character.

Air. I lei submitted that the essential point, was having been found on premises. Accused had disclosed his identity, therefore he was not found as defined in the Act. There was no display of criminal intent. Accused was very friendly with the girl before he went to the (Coast. When ho was told the girl was going away ho thought it only right that he should go and see her. That was the reason he went, lie would not say it- was the most opportune hour for the accused to go. Air. Walton said the accused had been “found" by the girl. On the second point the accused had no authority to la- there. Mo should have got the authority of the owner to visit: the premises at a more reasonable hour. Air. ITi asked permission to, confer with his witnesses and then said he would alter the plea to “guilty". Hi l asked that the accused be leniently dealt with.

Air. Walton then sentenced accused tii I I days' imprisonment.

A SKA R( 'l l FOR lOC!GS Harold Howard Walker, labourer ami bootmaker, aged 55, who visited (lie Idwl-house of Sergeant. J. Isbister, during the sergeant’s absence on holiday. was charged that on the 9th. day of February, he was found without lawful excuse, hut in circumstances Hint dint not disclose the commission of an offence, or an. intention to commit- any other offence, in an enclosed

yard, l>) wit, the pulin' stubU' fill'd. Accused pleaded guilty. Constable llathie stall'd that lu> and ('■unstable Cooper saw the accused in. tin* sergeant's stable' yard looking in Ibe nesting boxes. Accused admitted lie was looking lor eggs because lie was hungry. Accused said he had had a few* drinks and didn't know where he was. A sentence of 7 days’ imprisonment! was imposed.