POLICE COURT

Evening Star, Issue 23125, 26 November 1938, Page 19

POLICE COURT

■ FRIDAY, November 25. (Before Mr H. W. Bundle, S.M.)‘ FIVE TAXI DRIVERS CHARGED.Five taxi drivers were charged with overloading their cars. They were John Francis Corcoran, Robert Mans* field Murray, Roy Mason, James Thomas Paget, and James Phillips, and they were all represented by Mr O. G< Stevens. He disputed the authority under which the prosecution was made,, and accordingly the magistrate adjourned the case to enable the Hhief Traffic Inspector (Mr R. J. Avery) to consult the Corporation’s solicitor for further advice. The Corporation’s vehicle inspector, (Henry Francis Flan), giving evidence in the charge against Phillips, _ stated that the taxi had contained six persons and it was licensed to carry four persons and the driver. The car had originally been licensed to carry six, but, as the result of a subsequent 1 -- spection by witness, the number had been altered on the license butt and on the warrant of fitness to .four passengers and the driver. Several objections were entered by Mr Stevens to the evidence given. The Magistrate: The position as I understand it is that on March 30, the Corporation issued a license to this taxi for six passengers. That licensees still outstanding. On what authority does the corporation cancel that license and issue another license in substitution P Mr Avery: We are working under the provisions of the. city by-laws. Mr Stevens said all the defendants were employees of the Silver Band firm. He pointed out that the clauses under which the information was laid had been revoked in reference to this class of vehicle by a special Act of Parliament. He added that there were several regulations which he could question in this connection, and contended that there was an absolute defence on several grounds. On the suggestion of .'the Magistrate, the inspector asked for an adjournment in order that he might consult the Corporation’s solicitor.' Mr Stevens: I object to that as it is not fair to my clieijts, who are working men and who have spent several honrs in court alreadv waiting for this matter to be dealt with. The _ Magistrate: If the Corporation loses its case, posts will be allowed against it. and if the verdict is against the defendant, that point will be considered in estimating the penalty. Mr Stevens again made a formal complaint against the matter not being pressed to a determinate issue, and the case was adjourned sine die. TRAFFIC OFFENCES. Harold James M‘Lay, who was represented by Mr I. B. Stevenson, pleaded not guilty to a charge of negligent driving. After the hearing of lengthy evidence, the Magistrate said he was convinced that the defendant had been negligent, and he imposed a fine of £5, with witnesses’ expenses, £1 4s, and costs (£1 2s). He remarked that he had taken into consideration that the defendant had incurred considerable expense in the matter already. John Watson Maxwell was with failing to comply with the terms of his goods license.—After hearing an explanation of the position, the case was dismissed - subject to the payment of court costs (10s). Cyril Petrie pleaded not guilty to a charge of dangerous driving, the defence being an alibi that at the time of the alleged offence' the .defendant was -it home for his dinner.—After hearing the evidence, the Magistrate dismissed the case.