A GROSS CASE.

Auckland Star, Volume LVII, Issue 95, 23 April 1926, Page 5

A GROSS CASE.

MOTORIST FINED £10. PASSED A STATIONARY TRAM. WOMAN AND CHILD KNOCKED DOWN. As a sequel to an accident which occurred at the intersection of Wellington and Great South Roads on March 20, a young man named Dennis Innis- i Irons appeared before Mr. J..W. Poynton, S.M., at the Police Court this morning, when he was charged with the reckless driving of a motor car, and also with passing a stationary tramcar. Mr. J. McVeagh appeared for defendant, and Senior Sergeant Edwards prosecuted. Mrs.' 'M. S. Houston, an elderlywoman, 6aid that about 4.40 p.m. on the day in question she was waiting to board a tramcar, and had with her a boy aged four years. She was about to board the car when she was knocked down. The child was also knocked over, and rendered unconscious. Witness received a broken leg, while she also sustained bruises on ber body. Defendant had offered to pay all her expenses. Mr. Faweett, solicitor, stated that, together with his wife, he had been riding in a motor car driven by Mr. Lusk. The car had pulled up by the kerbside in order to allow witness and hie wife to board the tramcar. Witness saw defendant's car approaching. When the tramcar had come to. a standstill the motor car driven by defendant continued on, and struck Mr. Lusk's car. Tt then knocked down the child and Mrs. Houston, and proceeded for fully 30 yards before it finally stopped. Defendant and a Mr. Rowley, after getting out of the car, came back to attend to Mrs. Houston. Mr. Rowley stated that he was the owner of the car. He also said that he had just , undergone an operation at the hospital and had not been feeling well. Defepdant insisted on driving the car, although he did not possess a license. Mr. Rowley, said the witness, added that he was too weak to argue with defendant about the driving of the car. Evidence as to the accident was also given by Mrs. F. E. Howard, who accompanied Mrs. Houston and child to the tram stop, and by the motornian of the tram car.

Constable Thomasen said that InnisIrons reported the accident to the police and made a statement, in which he said that the car. was only travelling at' a speed of about 5 miles per hour. Mr. McVeagh told the Court that defendant had no desire to shirk his responsibilities in. the matter, . but mentioned that there were several mitigating eircumst%nces. Mr. Rowley, who had been in the hospital, and defendant were out driving together. Mr. Rowley became suddenly ill and asked defendant if he would drive the oar home. Although he had driven motor cars in South Africa, but did not possess a driver's license for Auckland, defendant agreed to drive the car. . The woman proceeded across the roadway, but hesitated, then walked backwards, and in order to avoid striking her and the child, defendant swerved out and struck Mr.Lusk's car. Counsel submitted that it was. also difficult to tell when a tram car had really pulled 'up. Aa defendant had acted the part of the good Samaritan, he suggested that the 1 penalty should be light. " .. Xi; In evidence the defendant said that he intended to pull up and shut the throttle -off, but the car still went on. The foot brake was defective about to use. the hand .brake he thought that there was a possibility of avoiding the woman and child, and so he s-werved and went on. "I'm afraid that I got a little flurried, although the lady appeared to [change her mind," added defendant.

Mr. Poynton said that there were too many of these cases. The present ease was- a gross one. Defendant would be fined £10 on - one . charge, and convicted and ordered to pay costs on the other. The costs totalled f3 7/.