STEALING REMAND

“I cannot permit you to rest in gaol indefinitely,”- Mr. Halpin, S.M;, commented at Bathurst Police Court yesterday when refusing an application for an extended remand.

Robert Harold Court (59); of the Common, Bathurst, asked for an extended remand on two charges, one of stealing and the other of goods in custody. Court claimed he required time to raise bail, seek medical attention and obtain legal advice. In gaol since late last week, defendant has to date been able to arrange bail with surety of £10.

Court is charged with the theft of a torch, the property of Norman Gilbert West and alternatively with having the goods in custody.

The Magistrate granted a police application for a remand until Thursday next. Sgt. Allmond, the prosecutor, said that Police required additional time to investigate the matter with the possibility of further charges being preferred.

THEFT CHARGES

Bathurst Man Again Remanded

An elderly resident of the Bathurst Common who faces a series of charges of theft successfully sought a remand “to seek legal aid and prepare his case“, at Bathurst Court yesterday.

The defendant, Robert Harold Court (59), made the application to Mr. F. Halpin, SM. Charges against Court included: — Stealing, between March 15 and March 29, various kitchen utensils, to the total value of £10, the property of Laura Eleanor Prior. Stealing between June 15 and June 21, two sheep skins valued at £2, the property of James Valentine McFarlane, butcher of Bathurst. Stealing, on or about June 2, a roll of wire netting, a bag of mash and a quantity of nails, the property of the Tablelands Hatcheries. Having in custody at a house at Bathurst Common on June 20, certain goods reasonably suspected of having been stolen, and that on or about June 14, did steal a torch valued at 10/- the property of Norman Gilbert West, police constable, of Bathurst.

Court pleaded not guilty on each charge. ” I should like to have the public defender or a legal advisor before the case proceeds ” Court said adding that if he could have a medical examination he could prove he was ” not fit to defend any charge. ” ” I cannot allow you to rest in gaol indefinitely Court ” Mr. Halpin commented.

Sgt. D. Allmond: Defendant has had ample opportunity of seeking legal aid and medical attention in gaol. Mr. Halpin: I think defendant is just a humbug and is trilling with the court.

Sgt. Allmond: Defendant is being held on remand in respect of these matters which are listed for the court today.

Mr. Halpin to Court: You wish to subpoena a witness? — Yes.

Mr. Halpin: Very well I will give you a further remand to prepare your case but if I find that you have been trifling with the court . .

Court: I am very grateful your Worship. I am not trilling with the court I assure you.

Defendant was remanded to appear on July 7.

MAN GAOLED FOR THEFT .

BATHURST CASE

At Bathurst Court yesterday, Robert Harold Court (59), of the Bathurst Common, was sentenced to six months Imprisonment on each of two charges of stealing .

Defendant described himself as a manufacturer’s representative. Appearing before Mr. Halpin, SM, Court, who faced four charges of stealing and one of goods in custody, entered a plea of not guilty in each case.

Defendant was not legally represented and conducted his own case on the two matters dealt with.

Hearing on the remaining three charges was adjourned to Monday next.

Court was sentenced on charges of stealing an electric torch, the property of Constable Norman Gilbert West on June 14 and with stealing two pairs of scissors and a candle stick from Mrs. Lora Prior, of Hillside, between March 15 and 29.

In sentencing Court, the magistrate warned that he was well on the way to being declared an habitual criminal. “I consider the theft of the articles from Mrs. Prior a pretty shabby action. ” Mr. Halpin commented.

Evidence in the latter case disclosed that Court had stolen the articles while an employee of Mr. and Mrs. Prior.

Court was further charged with stealing two sheep skins, valued at £2, the property of James Valentine McFarland, of Bathurst, between June 15 and June 21 ; with stealing a roll of netting, a bag of mash and a quantity of nails, the property of the Tablelands Hatchery on or about June 2 and with having at a hut on the Bathurst Common on June 20, sundry articles which were suspected of being unlawfully obtained.

On each of these charges he was remanded on bail of £20 with one surety of £20.

Court‘s previous record which dated from 1946, included two sentences for theft. Court had appealed in both instances but the appeal was dismissed.

” I wish to appeal on these convictions, ” Court announced following sentence yesterday. ” You will have your opportunity to do so, ” was the magistrate’s response.

Sgt. M. Kelly, of Orange, prosecuted.

Constable West said that at 11 p.m. on June 19 in company with Sgt. Beach he went to defendant’s hut on the Bathurst Common. On defendant’s request, we entered the hut to interview a man who had allegedly been assaulted, ” West said. On entering, the constable saw a torch on a table and questioned Court about it. Court claimed the torch was his property. He had had it for approximately eight weeks. Witness informed defendant that the torch was similar to the one stolen from his car some days previous.

On examination, the constable was able to identify the torch by certain marks inside the casing.

Defendant claimed the torch had been given to him by a Mr. Prior. The torch was produced in court.

The constable said he had last seen the torch on June 14. It was then in his car which was parked near the police station. He valued the article at 10/.

To defendant: I warned you that you need not answer questions as the answers may be used in evidence.

Court: Did I not point out to you that you had not warned me and your questions were out of order?— No.

Constable West admitted that the police went to the Common at defendant’s request.

Mr. Halpin: It is unfortunate that you are not legally represented. I do not want to do anything that might suggest to you that you are not receiving a fair hearing, but I do not want to hear your life’s history.

Court: The fact that I am not legally represented is no fault of my own .

Constable West said he claimed the torch was stolen from the glove box of his car. The glove box was not fingerprinted.

Albert Edward Prior, a grazier, of Hillside, Bathurst, denied that he gave defendant the torch referred to in the charge.

Court: Did you not see me with a torch when I was employed on your property? — No.

You have exceedingly bad eyesight? — Yes.

In reply to Sgt. Kelly, Prior said that before defendant arrived at his property he owned two torches. ” After he left I had none, ” witness said.

In evidence in reply, Court, from the witness box, said he was a manufacturer’s representative. He was engaged by Mr. Prior in response to an advertisement which appeared in the local papers.

” Prior interviewed me while I was working at Scots School. ” Prior gave me the torch on the day following my engagement,” defendant said.

To Sgt. Kelly: I am a manufacturer’s representative. I represent a West German manufacturer of surgical gut and musical strings. ” The position is that this torch was stolen two or three days before it was found in your possession,’ Mr. Halpin commented. ” I am not satisfied with your explanation and find you guilty of the charge. ”

In evidence on the charge of stealing two pairs of scissors and a candle stick from Mrs. Lora Prior, Detective Constable A. F. McDonald said that at 4.30 pm. on June 20, in company with Constable Hill, he visited defendant’s hut on the Common. On searching the premises he found two pairs of scissors together with other property.

Questioned on the articles, defendant refused to answer except in the charge of the torch which he claimed was given him by Mr. Prior.

Mrs. Lora Prior, of Hillside, Bathurst, told the court of missing two pairs of Scissors and a glass candle stick after defendant left the property on March 29. She attached a sentimental value to the items. The actual value would be about 15/. Witness identified the scissors and the candle stick which were found in Court‘s possession.

Court, in reply, said he took the articles because he believed they had been thrown out by Mrs. Prior as useless.

Sgt. Kelly; Did you have permission from either Mr. or Mrs. Prior to take the articles? — No. I did not think it was necessary.

Court was found guilty on this charge and sentenced to six months Imprisonment on each. The charge of having the torch, the property of Constable West, in custody, was withdrawn.

TWO YOUNG MEN

Victims of Cycle Crashes Inquests at Bathurst VERDICTS OF ACCIDENTAL DEATH

Inquests into the deaths of two young motor cyclists killed in separate accidents in the Bathurst district recently were held by the Coroner Mr. K. M. Dash, S.M., yesterday.

He returned findings of accidental death in each case. He found that Philip Abbott, (27) off Yetholme, died on May 28 at the Bathurst District Hospital from the effects of concussion, contusions of the brain, internal haemorrhage and shock, accidentally received whilst ridding his motor cycle which collided with a motor lorry, standing stationary on the roadway on May 27. Mr.. Dash found that the other man Thomas Kain (21), single, a timber worker, of Newbridge, died on June 7, at the Bathurst District Hospital from the effects of injuries, including cerebral concussion, haemorrhage and lacerations to the brain, accidentally received when his motor cycle collided with a fence on the Bathurst Perthville road on the evening of June 6. Abbott died at the Bathurst District Hospital on May 28 after a collision with the rear of a Main Roads Board truck 17 miles east of Bathurst on the morning of May 27. The cycle struck the rear of the truck and the rider suffered a probable fracture of the skull, concussion, chest injuries and a severe wound to the forehead. . Abbot; was a fruit research officer at the Department of Agriculture and had been stationed at Bathurst Experiment Farm for about one year. He was riding to work when the accident happened. Born in England, he was a graduate of Nottingham University, where he obtained his degree in Horticulture.

He was a married man with two children. Mr. J. Braham appeared for the widow of deceased and Mr. J. C. Harrington for the Department of Agriculture. Sgt. W. Boyd assisted the coroner.

Delivering his finding Mr. Dash asked Mr. Braham to convey his sympathies to Mrs. Abbott and her family ” on this unhappy and unfortunate occasion. ” Sgt. Boyd, on behalf of the police and Mr. Harrington, on behalf of the Department of Agriculture expressed condolences.

The second man, Kain was discovered beside his wrecked machine by James Fulthorpe a Burraga carrier, shortly after 6 pm last Saturday. Kain apparently misjudged a curve on the road about 5 miles from Bathurst, skidded on loose gravel and crashed over a slight embankment. Deceased was the son of Mr. and Mrs. Kain of Newbridge.

Mr. Kain was formerly postmaster at Sofala and is now postmaster at Newbridge.

Dr. Brooke Moore, Government Medical Officer, said he saw deceased at hospital on May 27. Abbott became unconscious at 10am on May 23, and died a few hours later. In his opinion death was due to brain injuries, internal haemorrhage and shock. John Richard Mullampy, farm foreman, of George Street, said he identified the deceased to the coroner. He had known Abbott for about eight months.

Leslie Baker, of Yetholme, maintenance laborer, employed by the Department of Main Roads, said he was working on the Western Highway on May 28 when the accident occurred. It was about 7.50 a.m.

His duty at that time was to flag oncoming traffic. He waved a flag up and down as a signal to ” steady down ” He saw a motor cyclist approaching, and he stepped out and waved the flag. This caused the motor cyclist to slow down from about 35 mph to 25 mph. ” When he got to within 20 yards of the motor lorry, he threw his left foot off the cycle and dragged it along the ground, ” he said. ” The cycle then zig-zagged.

The lorry was stopped on the side of the road. It was being used on the road work. It was on the southern side of the road and was facing west and was parallel with the road. It was 2 ft over on the correct side of the yellow line. ” I was standing 100 yards east of the lorry and the ‘half-road closed’ sign was 100 yards back from where I was standing, and 200 yards back from the point where the collision occurred.

‘The road sign was erected immediately we arrived. It was not moved, or its position altered before the arrival of the police’ added witness. Baker said the motor cycle, which was travelling west, went in under the back of the lorry.  The rider’s head hit the back of the truck.

To Sgt. Boyd: It would be possible to see the sign 100 yards away, in my opinion, the barrier was in a safe position. To Mr. Harrington: I carried the sign back 100 yards when I put it in lorry.’ Mr. Harrington: Had the work started? Witness: Yes. ‘Why were two men still sitting in the lorry?— The usual thing is that the ganger drives on to look for a wide spot to turn, and then he comes back. How long had the truck left to turn before you saw the cyclist?— Five minutes. The accident occurred on a series of S bends? — Yes. Coming from the direction of Yetholme, there would be a clear view of over 300 yards, enabling anyone to see the sign, myself and the parked lorry. To Mr. Braham: It is the usual thing to flag everybody to slow down when we have barriers out. I did not flag the cyclist because the lorry was starting to turn.

Leonard John Orchard, South Bowenials, Main Roads Department contractor, said when he stopped the lorry, the tar kettle was taken off and the road signs were put out. The ‘half road closed’ sign was put in position, and he proceeded in a westerly direction to make a right hand turn. He stopped and in the rear vision mirror saw a motor cyclist coming. He waved him on and the next thing he heard a crash.

To Sergt. Boyd: The road sign, after being placed in position, was not moved. The tar kettle had not been moved

To Mr. Harrington: I was about 15 inches over on my correct side of the road. I did not move the lorry in the time between the accident and the arrival of the police.

Brian Phillip Auburn Saunders, a farmer and grazier, residing at ‘Kingley’, Yetholme said he was driving his utility along the Great Western Highway on May 27 and stopped at the scene of the accident. Half the road was closed at the spot where the accident occurred. Witness said he told Mr. Owens that a sign ‘Half Road Closed’ was too close to a tar-pot, Mr. Owens Instructed a member of the road gang to move the notice back along the road. Saunders said he returned later and noticed the sign had been moved from Its original position. Sgt. Boyd: In your opinion as a driver was the sign in a safe position? — In my opinion it was not.

Constable Norman Gilbert West, of Bathurst, said that at about 9.30 am on May 27 he went to the scene of the accident, one mile west of the Yetholme P.O. On arrival he saw the lorry standing on the southern side off the road. At the rear of the lorry he saw the cycle. A pool of blood was about 4 feet to the rear of the lorry and about 3 feet from the southern edge of the bitumen. The rear near-side wheel of the lorry was on the gravel surface and the front off-side wheel was 2 feet from the centre line. He spoke to the driver of the lorry who said he had been driving west and had commenced to make a right hand turn. He said he had stopped and beckoned him on. Immediately he heard a crash and on investigation saw the cyclist sitting on his cycle with his leg jammed in the wheel. The constable said he saw a ‘Half Road Closed’ sign about 200 yards east of the point of impact. At the time of the collision Orchard was employed as a driver by the Main Roads Board. Baker informed me that the sign had not been shifted prior to my arrival” witness added.

To Mr. Dash: Constable West said that apart from a small heap of gravel, here was no other obstacle on the roadway apart from the ‘Half Road Closed’ sign, the tar pot and the truck. The deceased’s cycle was only a small vehicle capable of a cruising speed of about 30-35 mph. Mr. Dash returned a verdict of accidental death.

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