MAGISTRATE'S COURT

Ellesmere Guardian, Volume LVII, Issue 23, 27 March 1936, Page 5

MAGISTRATE'S COURT

SITTING AT LEESTON,

The monthly sitting of the Magistrate's Court was held at Leeston to-day, Mr H. A. Young, S.M., presiding. In an undefended civil action, the Springs - Ellesmere Electric Power Board v. R. J. Smith, claim £7 0s 2d, judgment was given for the plaintiff by default, plus court and solicitor's fees. TRAFFIC CASES. R. R. Adair was charged by the police that on February 23 last, at the intersection of Tramway Reserve road and Fereday's road, he failed to give way to a motor vehicle coming from his right. The defendant did not appear, and was represented by Mr J. A. Scott, who submitted a plea of guilty. It was stated by Constable Connell that the case arose out of a collision which occurred at Bishop's corner on Sunday, February 23, with a car driven by Mr H. Neave, who was travelling towards Leeston. The constable stated that the defendant would have a view of the road on his right. Defendant had stated to him that he was about 12 yards from the intersection when he saw the other car. He applied the brakes and did what he could to avoid a collision. After the impact, which did considerable damage to Neave's car, defendant's car went another 17 yards before it came to a standstill." Defendant said that he was travelling at 15 miles per hour when he saw the other car. There were marks on the road to indicate that the brakes acted. Mr Scott, on behalf of defendant, said that the latter's vehicle was a low-slung one and his view of the road was obscured by a fence and he did not see the approaching car until he was about 12 yards from the intersection. He applied the brakes, but although they held at first, they began to slip and the car skidded in the loose shingle and he tried to swerve to avoid an accident. Subsequently, with a garage proprietor, a heavier car was tested out over the same situation, and at the speed of 18 miles an hour the car took 12 yards in which to pull up when ti. brakes were applied. Constable Connell said that the driver of the other car applied the brakes when five yards away and had pulled up by the time the collision occurred. Mr Scott said that the corner wo a bad one and accidents had happened there before. The Magistrate fined defendant £1 and ordered him to pay 16s costs. DRIVER WITH NO LICENSE. E. H. N. King, who did not appear, was charged that at Leeston on March 2, he drove a motor car when he was not the holder of a driver's license. The defendant sent a letter from the Ashburton irrigation works admitting the breach. Constable Moriarty gave evidence to the effect that King, when driving his car, endeavoured to avoid a collision with a motor cycle coming on his right, at an intersection, when a collision took place with another car. In the following investigations it was revealed that the defendant had no license. He had been driving for some time and had previously held a license. Immediately after the accident he took out a new license. In answer to the Magistrate, Constable Moriarty said that the defendant was in poor circumstances and at one time used the car for travelling to and from his work, a distance of eight miles. j The Magistrate imposed a fine of 5s and ordered defendant to pay 10s court costs. MAINTENANCE OF CHILDREN. J. W. Allmon, of Taumutu, was charged by the Education Department with being in arrears to the extent of £8 16s in the maintenance of his children in a,n institution. He paid £2 10s into court. In answer to Constable Connell, defendant said that he had earned £68 4s from fishing since November 1. He admitted that he was in a position to pay the arrears, but de sired to get into a financial position j which would prevent him from going back on to the unemployed. He had also purchased a truck for the purpose of his business. The Magistrate made an order for the payment of arrears and current payments within a month, *the default being fixed at one month's imprisonment. THEFT OF MONEY. Norman Perez, who was charged with the theft of £6 from a whare at Lakeside, pleaded guilty, through his solicitor, Mr A. S. Lyons, to the charge, which was reduced to one of common theft, to bring it within the jurisdiction of the court. Constable Connell said that after some enquiries the accused admitted |

that he had taken the money from the whare at Lakeside. He did so as the result of a sudden temptation, and had spent most of the proceeds in Christchurch. He felt his position very keenly.

Mr Lyons said that the accused came into the district to work for

threshing mill contractor, but had experienced much broken time due to wet weather. His employer spoke very highly of him and was prepared to take him back for the rest of the season. The offence was brought about apparently by the lack of something to do. The accused had a savings-bank account and was willing to make restitution.

The Magistrate admitted the accused to probation for 18 months, one of the conditions being that he should refund the £6 and that he should also report to the police at regular intervals in whatever place he should be.