Magistrate's Court.

Hastings Standard, Volume XIII, Issue 4309, 12 November 1909, Page 4

Magistrate's Court.

(Before Mr S. E. McCarthy, S.M.) FRIDAY. NOV. 12th. BREACH OF SHOPS ACT. James T. Donovan was charged with keeping hib tobacconist premises open until 9.15 p.m. on Oct. 19th. Defendant pleaded guilty and explained that the alleged breach complained of occurred on the evening prior to the H-B. Show. On such occasions it was customary for hairdressers and tobacconists to keep open a few minutes after closing time, as there was always a large number of people in town. He had no intention of taking undue advantage over persons in the same line of business. Convicted and fined 20s and costs 7sHome and Jull, on a similar charge, was cortvicted and fined 2®s and costs 7sMOTORIST AND CYCLIST. J. A. Pothan was charged with negligently driving a motor car alon? the Havelock road, on Sunday 31st October. Mr Ebbett who appeared for the defendant pleaded not guilty. Sergeant Smart deposed that defendant when driving his car had taken his proper side of the road, but turned rather sharply after passing a man on a bicycle which might have resulted in a collision. John Paynter deposed that he was riding a bicycle along the Havelock road on the date in question, travelling in the same direction as the motor car. He saw the car coming and the driver gave warning by sounding the motor horn. Witness left the crown of the road to let the car pass, and as it passed him it passed him it turned on to the road rather sharply almost touching his bicycle. To Mr Ebbett: The car was travelling fairly fast, but not at an excessive speed. Perhaps 20 or 30 miles an hour. The road was newly shingled at the place where the car passed him. The speed of the car might have been less than 20 miles an hour. It was difficult to judge the speed of a motor car. Defendant deposed that he was driving slowly and sounded the motor horn to warn the cyclist. As the road was newly shingled at the spot where he passed the cyclist, if would have been dangerous for him (defendant) to have pulled further off the road. A capsize would probably have resulted. F. J. Tonkin deposed that he sold the car to defendant, and the limit of the car's speed would be 20 miles an hour. It would require an expert driver to obtain that rate of speed. Certainly, defendant could not do so. The Magistrate said that it was clear to his mind that defendant had driven nearer to plaintiff than he intended, which, of course proved negligence. Convicted and fined 10s, costs 9s. CIVIL CASES. Judgment was given for plaintiff with costs in the following cases : Jane Reston v. Jack Timu £2 5s 3d, costs 25s ;J. E. Jones v. Hiroa Tropira £6 2s 6d, costs 31s 6dExecutor of late John Cullen v. J. W. Mosen £2, costs 1 Os; M.Johnson v. Maata Epiha £5 13s 6d, costs 20?; Maddison and Co, y. Raurri Kamau £2l 19s 1 id, costs 665: JUDGMENT ORDERS. Millar and Giorgi v. Ned August, £1217s sd. Ordered to pay amount due forthwith, in default six weeks' imprisonment.