TRUCK DRIVER FINED

Evening Post, Volume CXXIV, Issue 14, 16 July 1937, Page 17

TRUCK DRIVER FINED

LOWER HUTT COURT

A plea of not guilty was entered by Herbert Willis in the Lower Hutt Court yesterday when charged with driving la motor-truck without due care and attention. Mr. H. P. La wry, S.M., was on the Bench. Sergeant J. W. McHolm prosecuted, and Mr. R. J. Larkin appeared for the defence. Ross Magnus Mouat said that about 6.35 p.m. on June 17 he was riding his motor-cycle north along High Street and when approaching King's Crescent he saw a motor-lorry crossing the road in front of him. He swerved to the right, but hit the rear of the lorry. His speed was between 25 and 30 m.p.h. and the collision occurred in the middle of the road. Hector Alexander Mudgway, the pillion-rider on Mouat's motor-cycle, gave similar evidence. Herbert Willis said that he had come out of King's Crescent and was crossing the road at a speed of 8 to 12 m.p.h. He saw the lights of the motor-cycle coming up the road, but thought he would have plenty of time to get across to his right-of-way.' He did not agree that the rear of his vehicle was in the middle of the main strip of bitumen. Mr. Larkin submitted that the offence was triyial enough to be dismissed under the Justices of the Peace Act. Willis had 'ample time to get across the road." There was" no evidence of how the m.qtqr r cyc]ist had corng to, ftit tlie lorry. Mr. ' Lawry said the driver of the lorry saw'the light Of the motor-cycle at. one stage and was negljgept jn crqssi'ng tjie "road "before *h_e was'certain'that the road" was "clear." A fine of 30s and posts, was imposed. CHARGE iJIS^IJSSIEP. A pjea of not gujlty was entered by Charles" Alexander'"' Francis ' \ylien charged with negligent driving. Leslie Heald, a moulder, stated that at about 8.30 p.m. on June 2 he was riding his motor-cycle in a southerly direction along High Street. He stopped near the Boulcott Street intersection. The machine was about three feet from the kerb and his tail light was burning. While he was still sitting on the machine he received a bump from the rear and was thrown over the top of the cycle. Constable' L. Gordon produced a statement in which Francis said he was driving his motor-car southwards along High Street when he noticed a motorcycle on the bitumen about three or four feet from the edge. He was about 15 feet away and applied his brakes, being almost stopped when the collision occurred. His speed was about 25 m.p.h. prior to that. The motor-cycle did not have a tail light. The defendant gave evidence along the lines of his statement and was supported by a passenger in his car, who said she was quite positive that the motor-cycle did not have a tail light. In dismissing the charge. Mr. Lawry said he was not satisfied that the tail light of the motor-cycle was burning. In any case, Heald should not have stopped in the middle of the road. "SUFFICIENT PUNISHMENT." Remarking that it was sufficient punishment in the circumstances for the defendants to have to come to court, the Magistrate dismissed charges against William James Finlay, Alfred William Mullins, and Guy Bryant, of being on the licensed premises of the Bcllevue Hotel after hours. ' Constable L. Gordon stated that at about 3.10 p.m. on Sunday, June 27, he was standing outside the Bellevue Hotel when he saw the three defendants come out of a car on the opposite side oC the street. They made for the side entrance, but when they noticed him they diverted their course to the back. When asked what they were doing there they said they had not come for drink but for another purpose. Mr. E. "W. R. Haldane, who represented the defendants, said they might be guilty o£ a technical breach, but they had not gone into the yard to enter the hotel. They were not the type of men to frequent hotels. The defendants gave eviddhec along the lines outlined. George Bernard Jackson, bus inspector, stated he had known the defendants for a number of years and they were not the type of men to frequent hotels. TRESPASSED WHEN SEPARATED. William Edward Cooley pleaded guilty to a charge that while a separation order was in force he trespassed by entering the dwelling in Mudie Street occupied'by his wife. Mr. N. T. Gillespie said that on July 8 the defendant, while under the influence of liquor, went to his wife's home. He got into an argument and hit his father-in-law. The defendant, who was represented by Mr. R. J. Larkin, said he had had only two drinks of beer. The door was open. He wanted to see about his son and got into an argument, but denied hitting his father-in-law. Mr. Lawry told the defendant that i£ he wanted to see his wife he would have to ask her permission first. He was liable to go to gaol for three months or be fined £20. He was convicted and ordered to pay £1 Is costs. OTHER CASES. For not having a loavy traffic licence, John Cowden was fined £1. I>slie Heald was fined 10s for not having a driver's licence. Exceeding 30 miles an hour in the borough cost Weymouth Keith Cook 30s and costs. The same fine was imposed on Shukry Alexander for a I similar offence and, in' addition, he I was fined 10s for not having a driver's licence.

Frederick S. Beaumont was fined 10s for not having a driver's licence.