CITY POLICE COURT

Evening Star, Issue 18729, 3 September 1924, Page 5

CITY POLICE COURT

Wednesday, Septembeh 3. (Before Mr J. R. Bartholomew, S.M.) ADJOURNED. Leonard Clement .appeared on adjournment to answer a charge of being a rogue and a vagabond, in that he was found by night in a garden in High street without lawful excuse. The Magistrate said he could not take the case that day, and the hearing was adjourned for a week. Bail was renewed on the same terms as before. CHARGE DISMISSED. Victor Slater, who had previously pleaded guilty to being an idle and disorderly person, with insufficient lawful means of support, was represented by Mr White. Mr White stated that ho could prove that the accused had ample means of support, and called George Finlay Jackson, inspector in the Post Office Savings Bank. Mr Jackson said that Slater, hid 1 a bank balance, and that the amount standing to his credit a short time ago was £77, though about £SO had been withdrawn. The book was shown in court. Mr White asked if there had been debits and credits prior to that, and witness admitted that there had been. Mi White said that the accused had admittedly acted in a foolish manner when arrested and questioned, and had given the police to understand that ho was in straitened circumstances. , Tho Magistrate: The police are not to blame; the man pleaded guilty, but his counsel knows more than he does. The charge was dismissed, and accused was discharged. Slater is the young man who appeared last week when evidence was given that he had been making a practice of staying at hotels, showing reluctance to pay for his board. WITHDRAWN. An application by the police to withdraw a charge of giving a receipt not duly stamped against John Jeffery was granted.-Senior-sergeant Malhieson said the police were satisfied that the case was not a proper one to proceed with. WITHOUT NUMBERS. Ivor Ingle pleaded guilty to driving a motor cycle from which tho number had fallen, and was fined 10s'and costs (7s).— Robert Williamson was treated in tho same way for a similar offence. A WANDERING HORSE. Peter Prydo was fined 5s and costs (7s) for allowing a horse to wander on the Highcliff road. CHARGES AGAINST TAXI DRIVER DISMISSED. James M’Millan, whose case had been adjourned to permit of the presence of witnesses for the prosecution, was charged with driving a motor past a stationary tram, with driving a motor that was not properly lighted, and with negligently driving in Princes street. Alexander Anderson, a motorman in the employ of the corporation, gave evidence that his car had stopped at tho Exchange at 7.30, when a motor went past ami two men moving towards the tram had to jump back out of the way. The car had no tail light and was travelling at a fast speed. Albert Bryan M’Naughton, who had been acting as a conductor on the tram, also gave evidence as to seeing a glassed-in car pass tho tram in the circumstances alleged. Constable Parkhill gave evidence as to the statement of denial made by the defendant. The defendant in evidence stated that he was travelling up the street at about seven or eight miles an hour about the time of tire alleged offences, and that he had not passed a stationary tram. The car’s tail light was controlled along with the “ dash light,” and if one was going the other must have been alight also. Ho had driven past a tram that was coming to a standstill, but it was a big car, not of the same type as that driven by the witness Anderson.

Robert Ross Ballock, a traction engine driver, belonging to Clinton, said that ho had been driving a car for the past twenty years or so. He said that ho was staying at the Metropolitan Hotel on August 21 (the date of the alleged offence), and the landlady rang up for a taxi to take him out to a place in Forbury road. M’Millan (whom witness had never seen before) came round and drove witness to Forbury road. Witness’s evidence from there on corroborated that of defendant, and his statements covered the time that defendant’s car was on Princes street going south about the time the tram was said to be passed, and the accident happened near the tram sheds.

The Magistrate remarked that it was not necessary to call further evidence for the defence. There was no evidence in the case for the prosecution to connect the defendant with the offence. It was very unfortunate that the charge could not bo sheeted home to the offender, as the car that had passed the tram had been driven in a reckless manner, and there could be little doubt that it was the car that afterwards knocked the two men down. It would have been a case for a very heavy penalty. Without putting too much reliance on the evidence for the defence, there was nothing in the evidence for the prosecution to show the defendant as the offender. All the charges would be dismissed.

Mr A. 0. Hanlon appeared for the defendant and Senior-sergeant Mathieson prosecuted.