MAGISTRATE’S COURT

Grey River Argus, 10 September 1940, Page 8

MAGISTRATE’S COURT

Yesterday’s Business Mr G. G. Chisholm, S.M., presided at yesterday’s sitting ’ of the Magistrate’s Court at Greymouth when Senior Sergeant G. F. Bonisch represented the police. Albert Harry Gurden and John Joseph Coulson on charges of having no wannants of fitness for their motor cycles were each fined 10s with costs 12s. DRUNK IN CHARGE Thomas Percival Shaw a labourer, aged 41, of Stilwater, pleaded guilty to a charge of being intoxicated whilst in charge of a motor-car on the Reef-ton-Greymouth highway at, Stillwater on Saturday. The Senior Sergeant said that shortly after 7 p.m. on Saturday, a motor-car coming from Stillwater' tc Greymouth came on to the scene of a motor accident on the north side ol the Brunner railway . tunnel. The person telephoned the Greymoutn police, and Constable Wooding ceeded to the scene with Inspector Burdett. The car was caught in r fence and wa's obstructing the road, both car and fence being Considerably damaged. There was no one in the vicinity of the car, and further up the road the constable noticed two men who disappeared into the blackberries on the constable’s approach. The con-

stable got them out and found that both were considerably under the influence of liquor. Defendant admitted being the driver and owner of the car. He was arrested and brought to Greymouth, where Dr H. S. Ray had certified that he was intoxicated in a manner that would affect his capability of driving. Accused had just purchased the car and this was his first offence. The police had to employ a breakdowm van to go from Greymouth and bring the car into town at a cost of 375. Accused had some passengers, including his wife, but as far as was known they were net injured, although the wife ha'd received slight attention. Shaw said that he was on a Public Works job at Stillwater. He hoped the penalty would not be too hard. He had driven for 8 or 9 years, including the driving of the school bus at Temuka for a period, and seldom had drink. He had one or two that day, and was going back from the hotel to Stillwater at the time. The Senior Sergeant said accused had been bailed out for £25. There was a medical fee of £1 Is in addition to the cost of the breakdown truck. ’the Magistrate said that he must Inflict a' substantial line. Accused would be ordered to pay a fine of £2O with expenses £2 18s. His driver’s license would be cancelled and he would be disqualified for a period of 12 months. Accused’s application for permission to pay the fine by instalments of £5 per fortnight was granted by the Magistrate.

MINER FINED “This case is a most unusual one, of a type that ha's not been before this Court before to my knowledge,’’ said Senior Sergeant Bonisch, when Leslie James Burns, miner, of Runanga, pleaded guilty to a charge that I on August 8 at Dunollie he did attempt to steal live trucks of coal ol a total value of 15s 9d the property of the State Coal Mines Department. Defendant, continued the Senior. Sergeant, was employed at the Strongman mine, being paid a contract rate on the amount of coal he hewed. Each miner was issued with tokens which were attached to each man’s coal truck for identification. A number of men were employed about the mine on day wages, mainly doing repairs. In the course of their employment they did hew some coal which was put into similar trucks. On August 7 accused came on the coal won by the shiftmen during the night and marked with their tokens. He put his own tokens on the coal so that he would be credited with payment for it. The management discovered what had been done and on being questioned, acused openly admitted that lie had used his tokens. In a statement to Constable Macquarric he confirmed this. The coal weighed 3:1 tons, and the value of it to the miners was 15s 9d. Acused had no deprived any other miner of the coal. He had been very open about the matter.. Nothing was known against him and ’he was regarded as a good miner. Defendant expressed regret for his action, and said that he had openiv'

admitted everything. It was his first time in Court and he asked that his name be suppressed. In reply to the Magistrate accused said he was still working at the mine. The Senior Sergeant said that accused had been stood down for two days by the management as punishment. “Under the circumstances you are fortunate that the management has treated you that way,’’ said the magistrate, who refused to order suppression of accused’s name. The magistrate added that he felt accused realised the folly of what he had done, and that the case would be a lesson to him. A line of £2 was imposed. CONFLICT OF EVIDENCE. Conflicting evidence was given in a charge brought by Traffic Inspector D. D. Burdett, against Alexander Barnett Spiers, of Kumara, of inconsiderate driving on June 8. Mr E. B. E. Taylor for defendant pleaded not guilty. The Inspector said that the charge had been brought as the result of inquiries made. Pearse John Gilbert said that he was driving a motor lorry from Kumara Junction to Kumara when he cajme up to defendant’s- bus travelling in the centre of the road. Spiers made no attempt to let him past for half a mile and to do so he had to pull over to the right hand side of the road with his wheels in a ditch. The road was 18 to 20 feet wide and there was nothing to prevent Spiers travelling on his correct side. Witness

sounded his horn and ms headlights would have indicated that he was travelling behind. The bus was travelling about 23 miles per hour, but speeded up when witness tried to pass. To Mr Taylor: Witness was doing 33 to 34 miles per hour to pass the bus. It was a six-wheeled truck. He was quite sure he sounded the horn. He was in a hurry to get home after work and had two other people with him. He had been in the hotel before leaving the junction, but had no drinks. He trailed Spiers for half a mile and passed him on a straight road. He did not keep to the middle after passing the bus, which left the junction at practically the same time. It was not until Spiers had laid a complaint about witness's own dnv ing that witness made a complaint about Spiers. George Francis Hunt, a pa'ssenger, in the lorry gave corroborative evidence. Spiers in evidence, said he saw Gilbert get into the lorry as the bus was leaving the station. Witness had travelled 4-10ths of a mile and was on the straight when -the truck passed. He kept tq the centre of the road because visibility wa's bad and there was a possibility of meeting pedestrians. The first, think be knew about the- lorry was seeing it passing. He had not heard the horn or seen the lights. Gilbert forced him to slow up as he nearly hit the front of the bus. Witness complained to the inspector regarding Gilbert’s driving because when he asked Gilbert later about it he wa s told to “go to

h—— and mind your own business. You don’t own the road.” To the Inspector: H e was travelling at 35 miles per hour, and the road was about IS feet wide. He did not consider the speed excessive. It witness had been on the correct side there would have been ampl e room for the truck to pass.

Th e evidence of a lady passenger in the bus, given by affidavit was put in by Mr Taylor. Stating that he did not. consider the- charg. e proved, the Magistrate said it was quite obviously a reprisal for another prosecution. He was not satisfied that defendant's driving was unreasonable and the only witness for their informant could not say whether he had heard th e horn or not. The charg e would be dismissed. Mr Taylor pointed out that there had been two adjournments, on the second of which th e witnesses for th s prosecution had come to th e Court. The Magistrate said that defendant would have to pay 10s ’for each witness with travelling expenses' 10s.