POLICE COURT

Evening Star, Issue 19275, 14 June 1926, Page 7

POLICE COURT

MONDAY, JUNE 14

(Before Mr H. W. Bundle, S.M.)

DISORDERLY CONDUCT

Edwin Eron Pearson, James Patrick Flannigan, and Janies Mills were charged with conducting themselves in a disorderly manner on the railway station.

Pearson and Mills pleaded guilty, but Elanningan said “1 was unlucky, that was all. I came on to the station on my own.”

Sergeant M'Entco said that on Saturday'night he was called to the railway station, where ho found some men making themselves a general nuisance to the officials and public alike. All were more or less drunk, and t'launigan was the worst of the lot. Tbe other two men had already been arrested by a constable. . , His Worship: Have they been m the cells since Saturday night?

Sub-inspector O'ila!loran: Yes, sir. The defendants were sentenced to tw'entv-four hours' imprisonment, to be placed on their ship (the Mahana) it she sailed before the expiry of that time

“VERY DRUNK.”

A man who was described by the subinspector as being “ very drunk ” did not appear to answer charges of drunkenness and casting offensive matter. The evidence was to the effect that accused was in such a condition that lie did not know what ho was doing. There had been no exposure. The Magistrate said that accused had written an explanation to the court, and, a,s there appeared to bo some doubt regarding the second charge, it would be dismissed. On the charge of drunkenness accused (it first offender) was fined 20s, in default twenty-four hours’ imprisonment. ERRING CYCLISTS AND MOTORISTS.

Thomas Drain, Robert Evans, Henry Sadler, John Archibald M'Master, and John Thorburn were each fined ss, with costs, for riding bicycles without litrhts. The Magistrate added that if cyclists did not stop tho _ dangerous practice the fines would be increased. Hugh Urquhart was fined 5s and William Hitchcox 20s, with costs in each case,, for allowing cattlo to wander. . ,

Adam Smith was fined ss, with casts, for passing a stationary tramcar while driving a motor car, the Magistrate remarking that it appeared to bo a nominal breach.

G. F. Paapc was fined ss, with costs, for leaving his car unattended.

NEGLIGENT DRIVING

'William Joseph Goodall did not appear to answer a charge of negligently driving a motor oar in King street. Constable Harris said he visited the scene of the collision between a Ford car and a tramcar. The motor car was wrecked, and the driver had sustained two fractured ribs. He appeared to have been drinking, but witness could not say that he was drunk. A written statement made by the witness was to tho effect that the Post Office building obscured his view, and he knew nothing of the approaching tram until the collision occurred. Ho k&d had a few drinks that morning. Defend ant was fined £3, with costs. MOTORIST CONVICTED.

Walter Syd ney Gardner was charged with recklessly driving a motor car on April 20. Mr A. G, Neill appeared, and defendant pleaded not guilty. Henry Smith M'Nicoll, traffic inspector of the Dunedin City Corporation, said he was a passenger on a townhound tram from St. Kilda. All of a sudden the tram’s brakes were jammed on, and he saw that a motor car, by that time away in the distance, had just got through a sft space between the train and a standing lorry at the side of the road. Tho tram hit the motor car.

To Mr Neill; He hardly thought this tar was sft Sin in width. If so, it could not get through the gap.

Charles Stanley Harrison, assistant Public Trustee, Dunedin, said he was sitting in the front scat of the car, so that he saw everything. The motor car did not have space to pass between the tram and the lorry, and it had to turn right in front of the tram to get through. Alfred Park, a tramway motennan, gave a. similar description, stating that defendant struck the front of the left side of the tram. The driver pulled up 30yds further on, looked round, and then went on again immediately. To Mr Neill: The motor car got through, taking a piece of the tram’s running board away. Arthur Thomas, another passenger, raid that trouble was averted by tho prompt pulling up of the tram. To Mr Neill: The lorry was pulled up about 50ft from tho corner. When the tram was pulled up the motor car was partly through. Constable M'Eobio also gave evidence.

Mr Neill said defendant was going to the Exhibition. He came along towards the lorry, and, knowing that the tram was going quite slowly behind him he thought ho had ample time to get on to the tram line and pass the lorry. He was almost through when he became jammed. He got through, looked back, and, seeing that nothing was wrong, he went on again. Defendant gave evidence on those lines. He said he was a careful driver —so careful, indeed, that his friends were still laughing at the idea of his having an accident. He had been driving about seven years. So the Sub-inspector: It was not. true to say that ho came along behind the tram. Margaret Brown, a neighbor of the defendant, who was in the motor car Defendant, questioned by the magisnt the time, corroborated that evidence. irate, said Ims car was not damaged at all. Tf he had broken the running board off ho would have heard tho impact. The Magistrate said there was some discrepancy in the evidence as regarded the position of the motor car. Tho probabilities were that tram and motor passed the corner about the same time. Defendant committed an error of judgment in trying to get through, for every motorist must remember that the trams run on n. fixed course, and must to a certain extent he given the right-of-way. He did not believe defendant when he said he knew of no collision. Defendant was fined 40s. witnesses expenses 40s, and court costs 14s. On the charge of failing to notify the police of the accident he was convicted. AGAIN REMANDED. Alfred Louis Marshall Smith was charged (1) with being found on premises in London street by night without lawful excuse; (2) with being deemed a rogue and a vagabond m that he was found by night in an enclosed area or garden without excuse; and (3) with wilfully and obscenely exposing himself within the view of the public Mr B. S. Irwin appeared lor accused, and, pleading not guilty, said that the facts would not he in dispute. It was merely a matter of accused s mental ptate. _ . . ■ . Chief-detective Lewis said that, in view of the medical examination of the accused, he would withdraw the first charge. Detective Roycroft, who arrested accused, said he was roaming about at night with nothing on but an overcoat and shoes. Young women, frightened by the sight of the white figure, fled away. Witness arrested him after a struggle and took him to the police'"station.

Chief-detective Lewis said that in 1918 accused had done some similarly eccentric thing, stealing women’s cloth-

ing from the croquet club and dressing himself in one garment of rather intimate female underwear. Dr Robert Gordon Macdonald said ho had known the accused from birth. He wont on to describe his unfortunate family history, and said he suffered from a form of epilepsy called by the French “ le. petit mal.” This reflected itself in his erratic conduct on this occasion, though it might show in many different ways. An abnormal period might come on at any time, and there might be long periods with no trouble. The Magistrate spoke of the difficulty of such a case, and again remanded accused for a week, the man to he further medically examined by Dr Macdonald. MAINTENANCE. Edward Bryant, in arrens to £5 3s (id up to May 12 on a. maintenance order, was sentenced to one month’s imprisonment, to be released on payment of the amount due, Mr B. S. Irwin appeared for the complainant.