DR. THACKER IN COURT

Press, Volume LXX, Issue 21162, 12 May 1934, Page 7

DR. THACKER IN COURT

♦ - i CHARGE DISMISSED j USE OF INSULTING WORDS ALLEGED | A charge of. using insulting words in a public place was brought against Henry Thomas Joynt Thacker, medical practitioner, of Bealey avenue, in the Magistrate's Court yesterday. He pleaded not guilty to the charge which, after evidence had been heard, was dismissed by the magistrate, Mr E. D. Mosley. Dr. Thacker's chauffeur, Clarence Campbell Falconer, of St. Asaph street, was charged with negligently driving a car, and this charge was also dismissed. Mr W. J. Sim appeared for both defendants, and Sub-Inspector J. Powell, conducted the cases for the police. Sub-Inspector Powell said that on April 10, Leonard Armstrong was cycling northwards in Durham street on his correct side of the road. On the south boundary of Dr. Thacker's properly a car came alongside the cyclist, swung sharply in front of him and stopped alongside the kerb. No horn signal was given, and when the car stopped the cyclist was so close that it was impossible to stop, and he had to swing to the left into the gutter and fall off. Otherwise he would have had to run into the back of the car. The cyclist asked the chauffeur for an explanation and the doctor said he had every right to pull in as he lived there. Then, said the sub-inspector. Dr. Thacker said: "Get out of the damned road," called him a "damned useless cur," and turning to the chauffeur; told him, "to squeeze the neck of that man." Mrs Thacker was in the car. Leonard Armstrong said that at 4.15 p.m. on April 10, he was cycling north in Durham street, on the left side of the road at about 10 miles an hour. A car pulled very close to his right hand side and then pulled ahead of him and stopped, leaving him no option but to fall off on to the footpath. He asked the chauffeur if that was his usual method of driving and received a grin in reply. Conversation with Driver Later, he had a conversation with the chauffeur, who replied: "Well, you know how things are. You know what the old man is. I get the sack two or three times a week, and I have to do what I am told. You kndw what it is these days." Witness was about two foot from the car when he fell off. and he could not pass to the right of it. No warning waa given and lie would have hit the back of the car if he had not fallen off. To Mr Sim, witness denied that ho was tired on the afternoon and that he was cycling with his head down. There was no outburst of language or temner on his part. His demeanour was quite in keening with the circumstances at the time. Mr Sim: Did you say to the chauffeur —Who the hell taught you to drive?— No. I did not ask him anything about that. Did you use the word, ? No, I did not. Well, Mrs Thacker says you did, and -'—'<• attitude was such that **" got in from, the pavement as quickly as she could. Witness admitted that he was responsible for the plan where it showed the car's turn in. but it turned in at the telegraph nole half-way along the doctor's boundary. Mr Sim: Then on your showing it started to turn in 25 feet before the culvert. You contradict Mrs Thacker's evidence that the car passed you before it reached the doctor's boundary? —Yes. Did you say to the doctor: "I know you Dr. Thacker. you are the biggest I dud in New Zealand?"— No. Did you sny: "You think you can bluff any one in this city, and that you own it?"— No. Sergeant F. C. Harrison said he had ! interviewed Falconer and asked him for a statement about the whole affair, but this was refused. Falconer said the man on the bicycle "got the wind up and jumped off" after he had driven up very close behind the cyclist. Mr Sim asked if there was a case to answer on the facts presented. Armstrong himself admitted that the car was 25 feet from the culvert when it started to turn in. He submitted that there was no possibility of an accident ha'd the cyclist been keeping a proper look-out. Those in the car were completely surprised when confronted by the cyclist with his complaint. Chauffeur's Evidence Clarence Campbell Falconer said he had been employed by Dr. Thacker for 18 months. On the afternoon of the incident he was driving the car at about 20 miles an hour. He would have travelled about 57 feet after passing the cyclist before beginning to .turn in. Armstrong confronted witness as he was helping Mrs Thacker out of the car, and said: "Who the hell taught you to drive?" To Sub-Inspector Powell, witness denied having told Armstrong that his job with the doctor was very insecure. Armstrong then called the doctor a "big dud" and a "big bluff." Mrs Monica A. Thacker said the cyclist appeared to be travelling under difficulties at a medium pace. She thought Armstrong wanted to fight when he accosted Falconer, as she was getting out of the car. She heard abusive language as she was passing through the gate. Evidence on the charge against Dr. Thacker was then heard. Leonard Armstrong said that after the chauffeur grinned at him, Dr. Thacker kept wagging his stick at him. He said: "I am Dr. Thacker. I live here and my man has every right to pull up here. Get cut of my road." Witness held his ground, but the doctor kept waving his stick and said: "You are holding me up. I am late. Get out of my road you damned useless cur." "He turned to the chauffeur," continued witness, "and said 'squeeze his damned neck.' I said 'that is tine language to hear from Dr. Thacker.'" To Mr Sim witness said he started the conversation with the chauffeur, but Falconer did not reply until he had helped Dr. Thacker inside. The doctor was sitting inside the car while he was waving the stick. Witness denied that he was hot tempered. There was no outburst on the pavement on his part. He would have been quite satisfied with an apology from Dr. Thacker. Sergeant Harrison said that after telephoning Doctor Thacker twice and calling at the house twice, he was able to see him. The doctor said he remembered that some lunatic had been riding on the footpath, who said he had been knocked off his bicycle by the car, but that was not so. "Felt Insulted" Dr. Thacker, in evidence, said he heard the cyclist address a question to Falconer. It was not his practice to touch his stick until he was on the road. The cyclist put his machine across the door of the car so that t witness could not get out. The cyclist began to address witness and said: 1 "I know you, Dr. Thacker, you are the biggest bluff in New Zealand. You think you can bluff anyone in this city." "I told him to go away and not be foolish," said witness, "and when he persisted, I said that if I were not a cripple I would get out and squeeze his neck. I felt grossly insulted " Witness explained that it had been impossible for him to see the sergeant on the first occasions when he called. Another witness was about to be called, but the magistrate said he did not think he was justified in hearing any more. It was a criminal charge, and must be proved up to the hilt. The evidence of the two men

was an absolute denial. There was nothing to lead him to think that one man or the other was not telling the truth. The case would be dismissed. The magistrate said he was not satisfied that Falconer could be held guilty of negligent driving. There was a doubt, and he was entitled to the benefit of it. The case would be dismissed.