COURT CASES

Ashburton Guardian, Volume 56, Issue 81, 17 January 1936, Page 6

COURT CASES

FINED AND DELICENSED. NEGLIGENT DRIVING CHARGE. SEQUEL TO A COLLISION. A long sitting of the Ashburton Magistrate's Court was held to-day, Mr C. 11. Orr Walker, S.M., presiding. Francis Thompson (Mr Charles) was charged that at Rakaia. he negligently drove a car and did fail to keep to the left. 1 4 . He pleaded not guilty to both charges. • W. J. O'Connor stated that on the night of November 15 he was driving his-car toward Ashburton, on the north side of the Rakaia bridge. He slowed down to 25 miles an hour to take the bend over the railway line. He had four passengers.. A car driven by defendant crashed" into his car, headi-on, and witness's car was damaged beyond repair. Visibility was fair. The collision occurred on the bitumen on witness's correct side. Defendant's car was travelling fast. There was a gallon liquor jar in the back of the car, and defendant and two other men drank from it after the accident. To Mr Charles: Witness denied that his car was loaded with liquor. One of his passengers had two or three bottles in the back of the car. To the Magistrate: He had not taken . any of tins liquor. To Mr Charles: The other car was about 50 yards away when he first saw it. He did not think there was any possibility: of a collision. With the aid of plans and aerial photographs of the scene, the Court went into the question of intersections and angles of impact. Francis Leo Bonifacio, who was a passenger in the car driven by O'Connor, gave corroborative evidence. Witness saw plainly that defendant's car was on the incorrect side of the road. Thomas Frederick Allwood, another passenger, gave evidence of a similar nature, as did Charles Vernon McNicoi, who added that there was no chance of a collision being avoided. He considered the other car must have been travelling .very quickly. Constable T. W. Round produced a Statement made by defendant, who stated that he was on his way to Lake EUesmere when the accident happened. The other car had struck him. Witness said that defendant had seemed to be in a daze about the details of the accident. Defandant had told him that he was actually in the 'Leeston road when the other car "tore through the tussocks and shingle and hit him." Evidence was also given by ConCoatsworth, of Rakaia. S. Osborne, garage proprietor, stated that in his opinion O'Connor's car hit defendant's car. He could not see where the impact actually took place. Defendant stated that at the corner be considered he/ was oven- the intersection. There were a number of car lights ahead, on the main road. He did not see O'Connor's car till just before the collision. He (defendant) was clear of the bitumen after the impact. The back wheels of the ear might have been on the bitumen. He did not drink in the car and he did not drink after the accident. To the Magistrate: He could not say why, being able to see other cars coming* toward hjm on the main road, on the other side of the line, he could not see O'Connor's car. The Magistrate: It seems defendant was not keeping a look-out. The other car was in the vicinity.

Thoinas Ross, who was a passenger in defendant's car, stated that he did not see the other car till it was right on them. He did not know if it had lights or not. If there had not been a collision the car he was in would have come on to the Leeston roadi on the right-hand side. The Magistrate held that defendant had been negligent, the offence being more serious because he knew there were many cars coming toward liim from Christchurch. He thought defendant's judgment had been impaired by the liquor he had taken earlier in the day. It was a very fortunate thing for defendant that nothing more serious happened. Mr Charles said that defendant's car was not insured, and the damage had been assessed at £250. Defendant was fined £5 and was ordered to pay £1 2s Court costs, 19s witnesses' expenses, on the first charge. He was convicted and discharged on the second charge.

The Magistrate said that had it not been for the serious financial loss suffered by defendant, the penalty would have been a severe one. Defendant's driving license was cancelled. Assault Alleged. On a charge of assault at Lowcliffe, George A. Read was remanded to appear on January 31. He was represented by Mr G. C X'ieoll. Bail was allowed, £SO and one surety of £SO. Charge of Theft. On a charge of having broken and entered a house at Seafield and stolen Is 6d in money and a pocket-knife, L. S. Chambers, a youth, was remanded to appear on January 24. He was allowed bail, £SO, one surety of £SO, accused to report to the police each day in the meantime. Theft of Firewood. A relief worker, whose name was suppressed, pleaded guilty to stealing £2 5s worth of firewood from a County Council plantation at Westerfield. Sergeant Moore stated that accused took a truck to the* plantation and loaded the wood on to it. He was seen doing this and he was arrested. He readily admitted the offence. He was unemployed, and had six children.

Accused said he had been given permission to collect second-grade wood, but when he was in a hurry to load up and get back to town he took good wood.

Accused was convicted and ordered to come up for sentence if called upon within six months. It was stated that the wood had been recovered. Unlicensed Radio. Percy Joseph Brown, of Lyndhurst, who did not appeal", was fined 10s,. with 12s cost's, on a charge of having an unlicensed radio set in his possession and in working order. On a similar charge, John Reginald Dingwell was fined £l, with 10s costs. Sergeant Moore stated that defendant had been in Ashburton two years and had not obtained a license because the set had not been successful. Civil Business. Judgment for plaintiff by default was given in each of the following eases:— Commissioner of Taxes v. James McIver, £3 19s 7s, with 10s costs; Ash-: burton Hospital Board v. A. Hardy, £7 Bs, with £2 Is 6d costs; R. W. Pye, v. W. Dell, £2 5s 6d, with £1 3s 6d costs. The following judgment summons cases were dealt with: F. Robertson was ordered to pay £8 0s 3d to the New Zealand Farmers' Cooperative Association, Ltd., on or before February 17, in default eight days in gaol, warrant to be suspended so long as 30s a month is paid; H. O'Reilly was ordered to pav £7 6s 6d to Ashby, Bergh and Co., Ltd., on or before February 17, in default seven days in gaol, warrant to be suspended so long as 20s a month is paid. Maintenance Case Dismissed. Applications for separation, maintenance and guardianship, on the grounds of failure to provide and habitual drunkenness, were made against John Ernest Dobbin by his wife. Mr Charles appeared for defendant. Complainant said she had three children and that defendant had threatened to "starve her out." She alleged that his drinking habits made it impossible for her to live in the house with him. To Mr Charles: She had all the money her husband had earned up to the day before the information was 'laid. After hearing police evidence, the Magistrate dismissed the information.