MAGISTRATE’S COURT.

Hawera Star, Volume XLVII, 29 May 1928, Page 9

MAGISTRATE’S COURT.

FORTNIGHTLY SITTINGS. Thie usual fortnightly sittings of tlie Magistrate’s Court at Hawera continued tin's morning before Mr It. W. Tate, SAM. The following police cases wero dispospd of:—' STRAYING CATTLE. Lillian Maud Franklin, for allowing a. cow to wander upon the Keteinar.ai? Roa-di. was fined 10s. and costs 10s. For allowing their cows to be at large in the- streets of Normanby after diairk, D. A. Stewart. J. A. Archbold, Peroy Kellett and Shaven Minhinnick. who made a. voluntary appearance in respect to the breach, were each fined 10s and 3s costs. FAILING TO TAKE PROPER TURNING. Allplionsus Ley don, lorry driver, was

charged with failing to turn a corner in Stafford Street, Normanby, a® neair to his left-hand leiide as practicable, contrary to- the Motor Vehioleis Act, 1924. Constable Pidgeon said that he had spoken to defendant regarding the offence, and defendant replied that he took the turn wide as there was no other traffic near. The offence was committed! on May 17. A fine, of £2 and 10s costs wia-s imposed.

PREACH OF MOTOR REGULATIONS Alfred Claude Butwell waist charged | with failing to give the proper signal before turning, to the right. Sergeant Henry said that on April 30 defendant was driving a van on Tunuturu Road. He. did not give the necessary warning by putting out his right hand, thereby causing a collision with. a. motor cyelifit, who. was injured as the. result of a collision. William Frank Gulliver, engineer, stated that he was about a chain behind the defendant on the Turuturu Road. Both were travelling at about 15 miles per hour. After passing over Figment -Strept, defendant slewed, down and went off towards Glover Road. ‘ He did not give any signal that he intended to turn to the right. Witness had to- turn to the right to avoid being run over. At ithe time of the impact both vchic'p-! were travelling, at about- seven ■i' P>s an hour. "Witness, had a finger broken and his hand was badly cut. He could not see how defendant could put his hand: out, as the- side ,curtains were up, and it looked impossible -to get- a, hand out far enough. He (witness) attributed the accident to failure, to give a proper signal. To Sergeant Henry: Had defendant given the recognised signal he could have stopped m plenty of time. Robert. Kennedy Me,harry, factory manager, of Glover Read, said he renumbered the accident on Aprill 30. Hi? was asked by Gulliver to drive him to the hospital. Hi® attention was drawn to the losry and lie noticed that the screens wen? -up and fastened tightly, but lie- would not swear that it was impossible to get- a hand out to signal to others, behind. Constable, Mull an stated! that about 5 mm. on April 30 defendant eaane to him and informed him that lie had collided, with a motor cyclist. Next morning lie (witness'' went out and examined the localit-v where the collision occurred. The following day he went and examined, the lorry. The defendant. Alfred Claude Bu.twol.l, said- that be came past Egm.ent Street at about 1 0 miles per hour and just as h,e went off the toavseal he put the engine, in low gear a.nd put out- his hand. He did not- see the. cyclist- until ha was directly in front of the car. He did not- hear the sound of a, horn. To Sergeant Henry: He put- his. hand out about 20 yards before making, the turn, and kept it out for some time. He was travelling at about, four mi,lee per hour and 1 considered lie took every ppreaution when making the turn. To- the Magistrate: Witness put his arm out at elbow’® length. Hecould not see anv reason why Gulliver did not see the signal. The 3fa’® : «trnte considered that dependent had not- oreiwed proper care. A. fine of 20s and lOs-coste with £1 witnesses’ expense* wen? inflicted. DRIVING ON HIS WRONG SIDE. Daniel John Hughes, farmer of Normanby, was charged on the information of Constable Pigeon with driving a horse- and cart, on Stafford Street, and- when meeting other vehicles, failed to keep on the left or near side of such street. Constable Pidgeon said that 11 a.m. on May 12 he was regulating traffic at the corner of the Mountain Road when there was a considerable amount of race traffic. Defendant came along •with a horse and cart on his wrong side of the road. Witness called out to Hughes to get on the right side of the r-oad. hut Hughes ignored this order. Defendant, giving evidence, said that he was coming round the- corner at a walking pace, he had no option, but go on his wrong side, the constable did not stop the traffic to. allow him to get on his right side. The- Magistrate stated that the bylaws must be respected by all drivers of vehicles of every description and imposed a penalty of 10s with IDs costs.

SUPPLYING INTOXICATED PERRON. William Ait wood, licensee of the No rare, nby Hotel, for whom Mr G. Ryan appeared, was charged With supplying liquor to a person named Alfred Arthur Bnldoc.lt, Who w,a:s already in a state of intoxication.

Sergeant. Henry stated that on April 24 Badc'oek, who was in company with a man named Jury, h'ad been in charge of a motor 'lorry, and was arrested for drunkenness by 'Constable Pidgeon, of Normanbv.

Alfred. Arthur Baldock, ia 'farmer, said that lie arrived in Hlawera about 3 p.m. on April 24. Tie went in the White Hart and h'ad two whiskeys and left then to transact some business. Later he met Jury .and adjourned to the White Har't agh'in and had Several more whiskies. He then went to Norn fan by and had a whiskey in the Normahbv Hotel, in company With Jury and another, Who was a stranger. They had several whiskies during the time they were at the hotel. AttWo'od served them with the liquor. When he got info the lorry, Constable Pidgeon spoke to him and ordered him to -get out, subsequently charging him of being i lit oxidated while in charge of a car.

To Mr Ryan: Witness considered that the shock of the constable accosting him upset him. He did not think The six whiskies would affect him. To the Sergeant: Witness considered ho was quite all right when he left the hotel. He was not used to drinking. Owen Jury, farm labourer, said he had two whiskies in Hawer'a and left for home ab ! olit 4 ,p.in.. called at the Normanbv Hotel and had two more whiskies. Atfwood served the liquor. He and Baldock remained at the hotel only about ten minutes. They then came out to go home, When Constable Pidgeon ordered Baldock out of 'the car. Baldock was quite steady on his feet, and answered the constable’s questions clearly, but collapsed When the constable told him to come to the police station. 'He (witness) aecom-

pan'ded (both Oc/iistabte iPidgeon <and Baldock (who was incapable by this, time) to Hawera. In witnesses’ opinion Baldock wa,s quite sober when they entered the Normanbv Hotel. Constable Pidgeon deposed that on the date mentioned abbut ten minutes to live he was cycling .along near the hotel, lie noticed «a man staggering who nearly fell down when getting into a lorrv. He spoke to him and was told that He (Baldock) Was the driver. He ordered .Baldock to get out and the latter in getting out fell on the footpath and he also smelled strongly of liquor. He was that drunk that he had to be assisted by Jury and the constable. By the time they reached Ihe Hawer'a police station Baldock was speechless and had to be carried into the lock-up. Mr Ryan submitted that Baldock was sober at the time he Was served at the Normanby Hotel. If the effect which the whiskies h'a'd on Baldock was to make him drunk, there was no charge against, the defendant. The licensee wa's not held responsible, as a stranger paid for them. William Herbert Williams, salesman, M Palmerston North, said be saw both Baldock and Jury at the hotel on the date 'in question, and as far 'as he could see both were perfectly .sober and he invited them to have a drink with Mm. He only had one drink. He Was talking to "Baldock for some time and he appeared quite sober then. It was about a quarter of an hour after that he heard that Baldock had been arrested. The magistrate said he thought the evidence of the two men Jury and Bal dock was not very reliable; they had had several drinks and their minds were not a's clear a's they otherwise would be. 'The licensee had a duty to preform and it was quite 'possible that Baldo'ck did not show the effects >of the previous drinks. Defendant must * be convicted. A .fine of £2 and £2 'lbs costs Was inflicted.