POLICE COURT

Evening Star, Issue 22026, 11 May 1935, Page 11

POLICE COURT

FRIDAY, MAY 10. (Before Mr H. W. Bundle, S.M.) CHARGES DISMISSED. Dennis Fleming Toomey, for whom Mr B. S. Irwin appeared, pleaded not guilty to charges of passing a stationary tram car and of negligent driving. Catherine Mary Robinson, a High School girl, said that she was stepping off the footpath at Braitlnvaito’s stop, m Princes street, to catch a northbound tram, when a motor car passed and caught her schoolbag, knocking her over. To Mr Irwin, witness said the tram had not stopped when the car came past. Similar evidence was given hy Moira Hichon, and Zoe Knight, also pupils of the Girl’s High School. Andrew Carter, motorman employed by the Dunedin City Corporation, said that his tram was stationary when the defendant’s car passed it. Mr Irwin said that the defence was that the tram was not stationary when the defendant drove past, and that the girl stepped off tho footpath without looking for oncoming traffic. Evidence on these lines was given by the defendant, and Belinda Toomey, a passenger in the motor car. The magistrate held that the prosecution’s case had not been proved, and dismissed tho charges. LONG-STANDING DISPUTE. H. J. C. T. Bennett was proceeded against on a private information by Walter Watt, who charged the defendant with using provoking and insulting language, and asked that ho be bound over to keep tho peace. Mr O. G. Stevens appeared for the informant and Mr C, J. L. White for Bennett. Outlining the case, Mr Stevens said that Watt had some time previously been boarding, with Bennett and his wife, who were now separated. After the separation, Bennett alleged that his domestic troubles were due to Watt, and harassed the latter to such an extent that Watt became incensed and assaulted him. Watt was then bound over to keep tho peace, and under the protection afforded by tho order tho defendant had insulted tho informant on every possible opportunity, and had done his utmost to make him break it. When the order lapsed. Bennett continued to level all manner of insulting allegations against the informant, and on several occasions made derogatory remarks concerning him at public meetings. Evidence along the lines of Mr Stevens’s statement was tendered- by I Watt.

The magistrate said that the friends and relations of the two men must be heartily sick, as he himself was, of the trouble Between the two men. On the parties entering into a mutual undertaking that they would refrain from making derogatory statements about each other, either publicly or in private, that they would not act in any insulting manner, and that they would keep the peace, the case was adjourned sine die.