MAGISTRATE’S COURT.

Hawera Star, Volume XLVIII, 27 June 1924, Page 4

MAGISTRATE’S COURT.

WEEKLY SITTING. The weekly sitting of the Hawera Magistrate’s Court was held yesterday, before Mr. J. S. Barton, S.M. BY-LAW CASES. For driving a motor-car along High Street without a rear light W t>. Williams was fined 5s and 7s court costs. James Hodge was fined 10s and 7s costs for leaving a motor-car on Mountain Road, Normanby, with no lights attached. For failing to give the registering authorities notice of the transfer of ownership of a motor-cycle Mita Malcolm was fined 10s and 7s costs. For riding a motor-cycle the number of which was not easily distinguishable Malcolm was also fined 10s and Is costs. Horace James Startup was fined 10s and 7s costs for driving a motor-car in Princes Stfeet without a rear light. William Hayward was charged with allowing 15 head of cattle to wander on the roads at Ohawe. He pleaded guilty and was fined 10s. with 7s court costs and solicitor’s fee 10s 6d SUMMONED UNDER FENCING ACT. ♦ On the information of "Walter T. Good, Arthur Frederick Gungall was ordered under the Fencing Act, 1908, to pay the sum of 18s lOd, with court costs ss’ and solicitor’s fee 15s 6d. PROHIBITION ORDER MADE. A prohibition order was made against George W. S. Phillips of Normanby, who gave his age as 75 years. DRUNKENNESS. Hugh Rodger, who was previously before the court on a charge of being found drunk on the Hawera racecourse, was again called upon to answer the same charge, the police in the meantime having been instructed to report on his behaviour in regard to drink. Sergeant Henry said that, except for the first two or three days after Rodger had first appeared, defendant had been “on the water waggon.” Rodger was consequently convicted and discharged. ALLEGED DANGEROUS DRIVING. Robert M. Boyne, for whom Mr. Bayley and Mr. Graham appeared, pleaded not guilty to .a charge of driving in a maner dangerous to the public. Sergeant Henry conducted the case for the police, and Mr. Houston watched the interests of the ladies concerned. The facts of the case, as stated by the Sergeant, were that on May 7 Boyne was driving in a long string of cars which were returning from the Hawera races, when he pulled out of the stream of traffic and ran into a group of ladies who were walking well off the tar-sealed road on the righthand side. The result was that Miss Morrissey was seriously injured and had To spend three weeks in hospital. Mary Morrissey stated that, in company with her daughter Myra, Miss Jury, and Miss Maehin, she was walking along the right-hand side of the Waihi Road when a car, which left the string of traffic which was proceeding the same way as 'she was. ran into them from the rear. She was knocked to the ground at one side, and when she got up she saw her daughter under the car which had run jinto. them, the car being off the tar- | sealed portion of the road at that time. In reply to Mr, Bayley, witness said that at the time of the accident she was walking about six feet from the edge of the tar-sealed road. The part of the road on which she wa s walking was soft and muchly, but the ether side of the road mas worse. Myra Morrissey said she was walking beside her mother and was the nearer of the two to the tar-sealed road. She considered that she was struck first of all by the radiator of Boyne’s car. Trixie Jury corroborated the previous witnesses’ evidence as to the position of the parties at the time the accident occurred. George R. Greig said that on the date in question he was driving home from the races, his car being in the string of ears that was travelling along the centre of the, road. He noticed Boyne’s car ahead of him pull off to the right-hand side of the road and run into a group of ladies. When Boyne’s car pulled out he closed up the gap, and when the car ahead of him stopped his humped into it slightly. Witness got out and helped another man to lift Miss Morrissey out from under Boyne’s car. In reply to All* Bayley, witness said that Boyne had done well to pull his car up as soon as he did. In reply to Sergeant Henry, witness said he was ouite certain that the four wheels of Boyne’s car were off the tar-sealed portion of the road. John Herbert Raymond, who was driving the car immediately in front of Bovne’s. could hot say whether he actually stopped or not. Air. Bavlev, for the defence, said that the defendant was returning from the races, driving at a reosonable speed and with a reasonable space between his car and the car in front. He was an experienced driver, and the brakes on his car were ifi good order. Suddenly, without any warning, the oar in front slackened speed until it nearly stopped, with the result that Boyne pulled out to the right in order to avoid running into it. At the same time he shut off the benzine and applied his brakes. Frederick Wilson, who was a passenger in Boyne’s ear on the day in ouestion. said Boyne’s car was travelling at about seven miles an hour, and as they got up to the car directly ahead of them there was a momentary stop of that car, with the result that had they not turned to the right a collision would have resulted. Corroborative evidence was also given bv Jean McFarlane, William AlcFurlane, and Henry Carr, all of whom were passengers in Boyne’s car. Robert Al. Boyne, stock agent of Waverley, said in evidence that lie was keeping about a ear’s length behind the car ahead of him, his speed being about 10 or 12 miles per hour, lie was driving in top gear, his brakes being in good order. The car ahead suddenly slackened speed without warning. he immediately pulled off to go round the side, at the same time getting a vision of the ladies. He received no signal that the car ahead was stopping, and he took the course he did in order to avoid a collision. He only travelled about half the length of his car after pulling off, and was almost stopped when lie struck the ladies. In reply to bis Worship witness said he would have been taking a risk to have attempted to pull up without turning off. His Worship: I frequently have men before me charged with driving at an excessive speed, who assure me, with tears in their eyes almost, that at 20 to 25 miles an hour they can pull up within a ear’s length if necessary; yet here is a man travelling at from 10 to

12 miles an hour who says he would be taking a risk to pull up in a length of his car. Continuing his evidence, Boyne said that when he pulled up his two lefthand • wheels were on the tarred portion of the road. Neither the wheels nor the body of the car went over the injured girl. It was the mudguard which hit her, and he saw her go round the side of the.car, where she must have rolled with her head and shoulders underneath it. He considered that _ lie had taken, every possible precaution in turning out 'from the rest of the traffic. Sergeant Henry said that in view of the fact that the defence had stated that the car was not moved from the time of the accident until the time the ambulance arrived, he would like to call police evidence to show that the position of the car was not as stated by the defence. 1 Constable Tocker was called, and he stated that when he arrived at the scene of the accident, prior to the arrival of the ambulance, both front wheels of the car were off the tar-sealed road, with the left hand rear wheel just on the tar. His Worship, in delivering judgment, said there was a good deal of conflicting evidence on certain points, hut the following points were clear: (1) That defendant was part of a stream of race day traffic; (2) the pace of this stream was reasonable, in fact it was on the slow side, being from 10 to 12 miles per hour; (3) there was a conflict of testimony as to whether Raymond’s car stopped or only hesitated, thereby throwing the obligation on Boyne of doing something. He thought there was a check, but Boyne had to make a hurried decision. (4) Boyne pulled to the right and pulled up promptly, and of six ladies he brushed one and knocked two down. Aliss Morrissey was dragged and sustained severe injuries, and. he was satisfied that Boyne was guilty of negligence. It was not good driving for a man to get into such, a position as Boyne did in the stream, and Boyne was negligent in that he did not watch the road and see whether the manoeuvre of swerving to the right was open to him. There was no explanation for Boyne not seeing the party of women, and the evidence made it perfectly clear that the women were well out to the right. He could not accept the suggestion that a driver .could not watch two things at once: in fact, a man who could not watch two things at once should, not drive a car. Boyne should have seen the women, and he was extremely negligent in not knowing that his manoeuvre was dangerous. Bovne would be convicted and fined £5, with court costs 13s and witnesses’ expenses £3 5s 2d. JUDGAIENT SUMMONSES. Orders were made in the following judgment summons cases: A. Alain v. Tawake Okeroa, claim £24 Is 4d, in default 26 days’ imprisonment; J. C. Gillett v. Henry Waitai. £1 10s sd, in default two days’ imprisonment; W. Hawkins v. Aka, £7 15s 6d, inSlefault nine days’ imprisonment.