POLICE COURT

Evening Star, Issue 19633, 12 August 1927, Page 7

POLICE COURT

, FRIDAY, AUGUST 12. (Before Mr H. IV. Bundle, S.M.) “IN REPENTANT MOOD.” Hugh Rankin Kydd appeared for sentence on two charges of theft and a charge ol having failed to comply with the terras of his release on probation. Accused was represented by Mr E. J. Smith, who explained that Kydd had a position to go to in the country, lie had been in custody for ionriccn days, and was now in a repentant mood. The man, ho added, had been without money, but lie was more of a fool than a knave, and bad resorted to wbat counsel described as silly methods to obtain somo money. Tlie Magistrate said the probation officer was doubtful whether accused should bo admitted to’probation again. However, he would take into consideration what Mr Smith had said, and he would be admitted to probation for a further period of three vears on the harfo of stealing a camera, a eondi[on being that he remained in emplovnent and associated only with such ompnnions as were approved-by the (rotation officer. He was also ordered O pay 21s medical expenses, and to nnke restitution to the extent or El 15s. On the second charge of stealing a camera and manicure sot, lie was convicted and discharged, lor the breach of In's probation, Kydd was ordered ■ to conic up for sentence if called upon within twelve months. On the suggestion of his counsel. # accused was (Vdsrcd to hand half Ins wages over to his father. REMANDED. Kathleen Fleming O’Connell _ was charged with the theft of two pairs of ihoea of a total value of £2 Is 3d, the property of Archibald Henry Baldcrstou Poulter. On the application of the chief detective tbo case was remanded until Monday. LICENSEE CHARGED. David Charles ’Jolly, licensee of the Provincial Hotel, was charged with exposing liquor for sale. Mr Cook, tor defendant, asked for mi adjournment until Monday week, this being granted. A CANDID MOTORIST. John Hartley admitted charges of driving a car in a dangerous manner and being without a license. “ He was very candid,” said the subinspector. “ The police thought be was travelling at forty miles an hour, but defendant estimated it at sixty miles an hour.” Defendant said ho had to “open her up,” as he was late for work. It’s a pleasure to hear a motorist candid about the speed he was travelling at. commented the magistrate, who inflicted a fine of 10s and 10s costs on the dangerous driving charge, and IDs and costs on 'the second. “TOOK THE RISK.” Albert Patrick James Have (MiSmith) pleaded guilty to a charge of having driven a car without a license. Tlie Sub-inspector said that defendant had been prohibited from driving a few months previously, having been convicted of being intoxicated whilst in charge of a car. Mr Smith said defendant had “ taken the risk,” though on other occasions he had employed someone to drive for him. Defendant kept his car in a garage, and on the day of the offence he had asked for a driver, hut could not get one. Ho had simpfy taken the car out to oil. Defendant was fined £5 and costs. ALLEGED BREAKING AND ENTERING. Thomas Edwards Preston was charged with breaking and entering a dwelling at Lower Portobcllo, occupied by Thomas Bed and stealing goods to the value of 15s. Chief-detective Cameron asked for a remand until Monday, and said that the accused was just out of hospital. Some consideration would bo given as to whether tho charge should bo reduced to theft. Mr C. J. White, who appeared for the accused, asked for hail, and said that the accused had never been in trouble before A remand was granted until Monday, the accused being released on his own recognisance of £25, a condition being that ha report daily to the police. WITHOUT LIGHTS. For being in charge of cars without lights, Winston Adam Crowe (Mr Smith) was fined 5s and IDs costs. Herman M’Lcan Eggers, on a similar charge, was fined a like amount. William E. Stevenson, charged with leaving a motor cycle in the street without a light, was convicted only. SPEEDING MOTOR CYCLIST. A plea of guilty was entered _by George Henderson, charged with driving his motor cycle in a dangerous manner iu Princes street, tho speed being estimated by the police at thirty miles an hour. Defendant said bo was hurrying home from work. A fine of Ills and 10s costs wero imposed. WANDERING CATTLE. For allowing cattle to wander Herman Somitng was fined Ss and costs. Similarly charged, Charles Morris was fined 5s and costs. BREACH OF ORDER AND MAINTENANCE. Frank Parathoinc was charged with a breach of his prohibiton order. Constable Brownlie said that lie had gone to defendant’s house in response to a complaint from tho latter’s wife. Witness there found defendant inside and under tho influence of liquor. He denied that there was an order against him. Tlie defendant pleaded guilty, ami said that the order had been taken out by his wife. Parathoiuo was also proceeded against on a complaint for separation, maintenance, and guardianship orders, on the ground that ho had failed to maintain his wife. Mr W. D. Taylor appeared for complainant. Constable Brownlie said be went to defendant’s home and found his wife ami daughter outside. Complainant stated that she was afraid to go inside. Defendant appeared to bo .stupid from tho effects of drink. In his presence the wife had accused him of striking her. Complainant had red marks on hor throat, which she said had been made by her husband. Both cases wero adjourned until Monday to enable defendant to consult a solicitor. NEGLIGENT DRIVING. Arthur Edward Clark was charged with the dangerous driving of a motor car, and with failing to keep to the left. Sub-inspector Fahey prosecuted and Mr C. J. White appeared for the defendant, who pleaded not guilty. Ernest Joseph Scanlon, land salesman, said that on the date in question h* was proceeding along City road in a southerly direction on his correct side of the road. Witness saw defendant’s ear approaching on his wrung side of the road. Witness could see that a collision was imminent if defendant did not get on to his correct side j and witness pulled over as far to tho left as he possibly could in order to avoid a head-on collision, at the same time applying his footbrake and reverse gear. This did not pull up his car to a dead stop before the collision occurred. Mr White here raised the point that in view of the fact that he had just heard that civil proceedings were threatening the case should be adjourned, but eventually bo withdrew his application as the defendant was insured against loss. Continuing his evidence, witness said defendant was about 40yds distant when he swung in behind the tramcar. To Mr White: Defendant’s right wheel ripped witness’s mudguard off gnd turned witness's car over.

Henry L. Patterson gave evidence as to being on tho scene shortly alter liie accident-, and at tiic request of the previous Avitneas tie had taken measurements to show tiic position of the two cars. About JOIT back from tho scene of the collision tho tracks or defendant’s car were discovered about bit tc 9it Irom the nglit-Juuid side of the korbmg. Du the ituslyn side witness examined tbo aviiccls of Scanlon's cur and picked up its tracks, avliicU Averc disccrmulo for some distance back, the Iclt-liand Avixeel running Avitbin Jit of the kerb. Tins Avas traced up to the scene ot the collision, Aviicro an electric post prevented Scanlon from taking the footpath to avoid the collision. Scanlon’s car was lying on the lootpath, defendant’s car being locked against it. According to the tracks, doiendanl must have been travelling on his wrong side of the road.

Constable Exccll said that fie had interviewed Scanlon and the defendant alter the accident, Scanlon stating that ho had been travelling avcll on thoJcii side of the road, and defendant had had a head-on collision Aviili him. in a statement Scanlon blamed defendant, and tho latter, in ins statement, blamed the nature of the road. The defendant said the car skidded 'when lie changed to second gear, and the concussion caused the car to veer slightly to the right. Uuirles Barnes Miller, avlio was in defendant’s taxi Avhcu the accident lookplace, said ho felt the car “skid about” before passing the tram car. Tlie Magistrate said iio Avonld accept Mr Patterson’s evidence about the accident. Ho Avas very doubtful that any skid took place. There avus no excuse tor defendant not seeing the other car, and he - could not have kept the look-out ho should have done. The second charge avus dismissed. The magistrate altered the first inlormation to driving in a negligent manner, and indicted a line of JUs, with £1 Avitnesses’ expenses and lbs court costs.