NEARLY AN ACCIDENT.

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

NEARLY AN ACCIDENT.

; charge," said Mr, Boechey in epjtamg the second case, "is a more seridus one." It was alleged that Scott u.wv<s the niotar-car at such a 'speed wljerob,v a pohi'ts eotutaWb Was very nearly seriously injured. 'Hie -effect of the -charge was that Sfioit did unlawfully refuse to stop a motor' Oar when h& was drivinft. when calied uponto do so jby a. paMeo cejistabk. . Folieo Cwsta'ble Phillips said tlmt he was on points duty at 1.23 p.m. ' en Saturday, J'e-bTnar.y 21, at the interseiition- of Manners and Witljs Streets. &t> Was staiidi-n-g in t-iio centre of the intersection, rj-s was the usual practice. Witness saw defendant coming aJo-B"- Uanrors Street from , Cuba Street, at A fast speed, alul, as two trams were ai'out to cross the* toterseetionj going jft opj. posite directions, he put Uβ his hand as a signal tor dofciidant to stop. Dej.fendant was then about 10 to 15' yards away.- .Witness judged that- an "a-eci-' «nt was iweyitaljle-, if defendant did ■ n.ot_ step. DefeHdant dM not take* any notice of the signal and deliberately turned on to the spot where witness was standing. Witness ha.d to dodge the ■ ttjotor-Ga-r and in doing io lie stefiped ; on to the tra.ni.lme and was. lWariy hit by a tram, which was hound hoin JJroek--I.VB to the Pest Office; But for tho lcotornian. applying tire emeTßoney J brake- witness was certain he would have Jseen ]i«6ekfedi down. Just before witness stopped o» to the tram line, he saw pt. Ci-Jiill throw up his hands and heard him call out Wbah! Woah! NVMst fliis was liappenin-g aiwtlier trata, bduftd from the Fast Offiee to Brooklyn, commenced to niov* mtoss, the fetersectimi and in order to avoid this team the do* lendaftt tuiued tJw cat iij the direction of the Dulse of EdMw<*h Ha* tel. 'Wrtaess shdijifi say that the speed b\ the nwtor-car was about thirteen miies per hoiar. Therfe Was agood deal of traffic aJiaut at the time, and tho speed fif the was dangerous tp the puHic. To Mr. Blaif': There was no. train in- front of Dr. Gahill in Man.n.er.s Street: There were tw-e trams iii Willis Street, ' about to .cross tho intersection ia opposite directions.

"I am instructed," said Mr, Blair to witness, "that tho motor-ear wag crawl-' rog along at about two wiles per hour." "Not Net" repKed the «oiistaMe. To Mr. Beechey r The driver fiitist have seen tho signal to stop, X : he Biotorman of the train going in the direction of the Post Officio gavfl correlative evidence. Ho stated that. if ho had not applied tho emergency ■ brake, the _ eoastjihlo would hays teen hit. In his opinion, the motor-car was travelling at the rate of iroln twelve to , fourteen miles per hour, ' Far tho defence, Dr. Cahii'l stated t-tat he followed in tho rear el a tram along Manners Street. The .tram stopped iit Pcrrett's Corner, and his chauffeur turned the ear out to the right, I and proceeded on. Ho saw the policeman signal to stop, Slid his chauffeur stopped immediately. Witness went on to explain that lie had tho car moved in order to avoid a tram coming at tho roar of him. He denied that. his. ear was travelling at a fast speed—as a matter of fast, it was travelling too slowly. If the motor-ear had been Komg faster, there would dot have ten any trouble. "Witness was oross-GSaniiiiecl at son« length, fttul at- tho conclusion tta magistrate said ilint 1m would dismiss the case, as tho ctidoneo was conflicting.