Frederick Emanuel Simmiss

Male 1890 - 1954  (63 years)


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  • Name Frederick Emanuel Simmiss 
    Born 11 Apr 1890  New Zealand Find all individuals with events at this location  [1, 2
    Gender Male 
    Misc 30 Oct 1901  Nelson, New Zealand Find all individuals with events at this location  [3
    won a Standard 2 prize for River Terrace School students at the annual evening meeting 
    Address:
    River Terrace, Brightwater 
    Military 1914  [4, 5
    the Wellington Infantry Battalion in WW1 
    Misc 8 Dec 1915  Palmerston North, New Zealand Find all individuals with events at this location  [6
    was acquitted of a charge of theft of a motor cycle 
    Address:
    the Supreme Court 
    Name Frederick Mansel Simmiss 
    _UID 0F14F6A9D63E4D3BB6894EFEEAD4105B12C4 
    Died 1954  New Zealand Find all individuals with events at this location  [7
    Person ID I12048  Treefive
    Last Modified 17 Apr 2016 

    Father Joseph Simmiss,   b. 1847, Azores, Portugal Find all individuals with events at this location,   d. 1907, Nelson, New Zealand Find all individuals with events at this location  (Age 60 years) 
    Mother Susan Eliza Davey,   b. 17 Jan 1870, Motueka, New Zealand Find all individuals with events at this location,   d. 1951, New Zealand Find all individuals with events at this location  (Age 80 years) 
    Married 22 Aug 1887  Nelson, New Zealand Find all individuals with events at this location  [8, 9
    Family ID F446  Group Sheet  |  Family Chart

  • Notes 


    • The Manawatu Times reported, on 8 Dec 1915, a case of theft involving Frederick Emmanuel Simmis. The Manawatu Standard of 7 Dec 1915 had a similar report, with the additional information that the accused (Fred Simmis) told the court that his return had been delayed by the death of an aunt. It is not known which aunt he meant - there were many on his mother's side, and none on his father's side, as far as is known.
      The Manawatu Times report is transcribed in full, as it not only relates to Frederick, but also mentions his mother and a younger brother. This case contrasts with 3 other cases involving Frederick:
      - in 1914, in the Supreme Court at Wanganui, in the undefended court case Carrad and Howe v. F. E. Simmis, judgment was given against Simmis for the sum of £5;
      - in 1918, in the Supreme Court at Wellington, he was charged with stealing a motor car which he was being taught to drive, and was ordered to come up for sentence when called on; and
      - in 1920, in the Supreme Court at Wellington, he was convicted for obtaining a car by false pretences, and sentenced to a term of reformatory treatment not exceeding five years.

      The Manawatu Times 8 Dec 1915, page 4:
      SUPREME COURT
      PALMERSTON SESSIONS OPENED.
      The Palmerston sessions of the Supreme Court opened yesterday morning before His Honour Mr Justice Edwards.
      GRAND JURY
      The following Grand Jury was empanelled:- W. F. Durward (foreman), a. Matheson, H. Mellsop, R. Edwards, P. L. Sim, C. Clausen, F. W. Marris, W. B. Cameron, J. Rainforth, J. Linklater, J. McGill, H. J. Canton, W. Turner, A. Strang, J. T. Burrell, C. R. Beattie, A. J. Palmer, S. R. Lancaster, W. T. Penny, H. S. Porteous, G. H. Bennett, J. Goring Johnston, and W. Carter.
      CHARGE OF THEFT
      The Grand Jury then retired, and returned with a true bill against Frederick Emmanuel Simmis, charged with the theft of a motor cycle at Kaupokanui on the 5th of November.
      Accused pleaded not guilty.
      The following jury was empanelled:- W. H. Bell (foreman), B. Diedrich, A. J. Redshaw, R. J. Jones, G. H. Arrow, A. Cooksley, W. J. McVeigh, R. J. Dickson, J. E. Griffiths, E. Perrin, C.. W. Borreson, and A. B. Green.
      James Burth Thompson said in evidence that he was a labourer working at the Kaupokouni Cheese Factory. He knew accused. Witness was the owner of a Royal Ruby motor cycle valued at £45. On the 5th of November he left the machine at the back of the factory. He missed the cycle in the morning. He had not authorised anybody to take the cycle away. He had taken possession of a Red Indian motor cycle from the Hawera Railway Station.
      Cross-examined, witness said he had had the bicycle about five weeks. A few nights before he missed the bicycle he had an accident, in which the seat and lamps were damaged. The tools were not lost then. He had hired the machine to accused a few days before. accused had offered to take the bicycle into Manaia to get it fixed. He accepted the offer to get the machine fixed, but had not consented to the machine being taken away. Anybody could have seen Simmis take the cycle away. Witness received a telegram from accused's mother stating that he was going home.
      Re-examined; He took the Red Indian cycle to the Wanganui Police Station.
      Horace J. Harman said he was manager of James and Gilman's motor garage at Wanganui. On the 5th of November accused called at his shop to get a new tyre on his motor cycle. accused stated that he had purchased the nmachine from their Hawera branch. He did not pay for the tyre.
      James Dauber said that he was employed at the Nonpareil Cycle Works. Accused called at the shop on November 30th with a Royal Ruby motor cycle. He exchanged the machine as part payment for a Red Indian. He was allowed £30 for the old machine, which left a balance of £25, which was to be paid by monthly instalments.
      James Riordan, police constable, stationed at Wanganui, said that on the 28th of November he arrested accused for alleged theft of the cycle. Accused then said that he had given the Royal Ruby in part payment of a Red Indian cycle, and that the latter had been consigned to the owner of the Royal Ruby.
      Cross-examined; As far as he knew both machines were in good order, and had been returned to their owners.
      Accussed, in evidence, said that his home was in Wanganui, and he had enlisted for active service. He went to Gallipoli with the 3rd reinforcements, and returned invalided and was discharged. He had been again passed as medically fit. He had been working at Kaupokonui cheese factory. Thompson had lent him his cycle previously. Thompson had had an accident with the cycle, and accepted accused's offer to get it repaired at Manaia. He took the machine to Manaia next morning, when the men were working about. He then decided to ride home to see his mother. He got a new tyre from Mr Harman, and asked him to transfer the account to Hawera. He decided to ride down to Trentham to see his brother, who was in camp. He did not return to the factory because he knew that his position would have been filled. He changed the Royal Ruby for the Red Indian because the former was not going well. He had consigned the Red Indian to Thompson together with a letter.
      Mrs S. E. Simmis, mother of accused, said that her son asked if he would have time to see his young brother in camp before he went away. She replied that he would have to go straight. He then went on the motor cycle.
      In addressing the jury, Mr Mackay held that the accused had told the whole truth in the box, and had given his evidence in a straightforward manner. He had in no way attempted to conceal his movements, and there was nothing in his action which was consistent with the idea of his attempting to steal the bicycle.
      Mr Loughnan said that the accused had converted to his own use a bicycle which was not his own, and which he had no authority to use. Then he had taken the property and exchanged it and dealt with it as his own. The evidence of Mr Harman showed that accused had represented himself as being the owner of the machine.
      after His Honour had summed up the jury retired, and they returned after fifteen minutes with a verdict of not guilty.
      Prisoner was then discharged.

  • Sources 
    1. [S4679] TRE182 Genealogy Report for Joseph Vicira, 16 May 2015; simmiss tree; A Genealogy Report for Joseph Vicira; Kaylene Simmiss.

    2. [S1593] BIR Birth Index New Zealand on-line, Frederick Mansel Simmiss; 2855; 1891.

    3. [S5203] BAC481 Simmis, Fred - school prize award, Annual Schools meeting - prize awards; 5 November 1901; page 3; Award to Fred Simmis.

    4. [S4946] Findmypast New Zealand WW1 Soldiers Transcription, Simmiss, Frederick Emanuel.

    5. [S4947] MIL096 Nominal Rolls, NSEF 1914: Simmiss - Frank Alfred, Frederick Emanuel, Victor Roy, Simmiss - Frank Alfred, Frederick Emanuel, Victor Roy.

    6. [S5209] BAC487 Simmis, Frederick Emmanuel - acquitted of theft, Supreme Court; 8 December 1915; page 4; Simmis, Frederick Emmanuel - acquitted on a charge of theft.

    7. [S3309] DTH Death Index New Zealand, Frederick Emmanuel Simmiss; 23633; 1954; age at death 68Y.

    8. [S4673] MAR Marriage Index NZ - on microfiche, Joseph Vieira; Susan Eliza Davy; 2154; 1887; Handwritten entry. The name "Vieira" could be mis-read as Vicira.

    9. [S1596] MAR Marriage Index NZ - on-line, Joseph Vieiia; Susan Eliza Davy; 501; 1887.