LOWER COURT.

Dominion, Volume 7, Issue 2110, 30 March 1914, Page 9

LOWER COURT.

POM'S CONSTABLE AND CHAUFFEUR.

TWO PROSECUTIONS*

CONFLICTING EVIDENCE,

. Twe inlfsr-mstions, charging Sen-ry tsoattj. chauffieur for Dr. Thomas CaItiM, with breaches of by-laws governing the traffic a.t street iuterscetions, .were dismissed: by Jl-r- D. G. A, Cooper, S.M., at the, Magistrate's Court on oaturdfty. The fli-st inforinatiqn charged tlie defenttant with having failed, whilst driving a nretor-cer, to ke.p as irear as ■l*ract;cab.le to the left-hai-jd eido <rf a raa4 A plea of not guilty was ciiterecT, ' ' .

. Mi' A. Blair appeared for tiro dc ■fondant, and Mr. %L ■ Beeoli*y, repr«sputed the prosecuting party (tb§ Weilißgtoji City Cflßucil). Police Constable Mtirnett Stated that n& was en points duty at 9.S a.m. en Siaich 17, at tli6 interseGtion of Manners and Cuba Streets. The' defendant canie along Jlnim-era $t>reet from \Vit lis Street;, and wltiie.gs s-ignaHed him to ciplo round Mm. Witness was standing m the centre of the interseotien,: as wae the usual practice, aftd at the time thei-e was no traffic abo-ut. Dr. ■ Cahill was in the car with the defend- : ara, and he directed Iris chauffeu* to , drtye inside, viz,,,- tm go between the Union- Glowuig Company's conm and] witness, Witac-sa stopped the car a.nd told defendant tot he would liate to report him. Thefs waß nothing'to pre-. vent defendant ffott goito round the 1 witness. ' :

.■.•Gβ Mγ. Blair; Br.Cahill did not tell witness that, he wr,s standing in tho wrong place. Witness was not told thai lie was standing in the fairway of the car. .

Hflbsrb Gates, tramway pointsman, gave corroborative eyidenee. In defense |)r. TJioiMs CaJiiJl said that he told 'his driver to follow th.e up train lnta, wMdi was the natural β-urvd To-mjd the corner. The policeman was standing iii the wrong ami it was grossly unfair: Be eoivtettded that wen fcy gpi.iig inside of, tlte eoiistaWo to W»e quite within his rights, end was ■ to IIIS V r °Wt side of the rOai Ine Magistrate said that- there'was ■no doubt that a-technical breitoli of the hyJaw had been eosimitte& Where -there-was n<j traffic the ConstiAle mkbi have tooyed and allowed Dr.'Oahiilto pass. His Worship did not thiiijj there >vas sufficient evidence far a conviction. Tho iofweiatiott would be dismissed.