ELTHAM COURT.

Hawera Star, Volume XLVII, 20 June 1928, Page 5

ELTHAM COURT.

FORTNIGHT!A’ SITTING. At. the Eltliain Alagistrate’s Court .yesterday, befox-e Air. R. W. Tate, *S.AI., judgment was entered for plaintiffs ’by default in the following undefended civil cases: Taranaki Power Board v. J. W. Burke, three claims totalling £94 15s 4d; Sister E. Gavigan v K. Lannoert-, £4 0s; IV. Carncross and Sou. v. W. Alorgan £7 11s. ACC USED DISCHARGED. Harry Harris was convicted on a charge of using obscene language in the porch of the Foresters’ Hall on December 10, 1927. The case had been adjourned for six months, pending a police report on the behaviour of the accused. Sergeant Henry reported that accused had been working at Kaponga, and his conduct had been satisfactory in the interim. In discharging accused the Alagistrate pointed out that such a charge was liable to land him in gaol fox- six months. A VISITING SPEEDSTER. Hugo Pittar Johnston, of Auckland, was convicted and lined £2 10s, with II 11s exists, for driving a motor-car over the Bridge and High Streets intersection at an excessive speed on May 3. Defendant did not appear, but wrote admitting the offence. The borough inspector gave evidence that the streets were congested with trafficCn the date in question, in consequence of an important football match. The crossing was made at an estimated speed of 30 miles an hour.

THEFT OF A CLOAK. ACCUSED’S NAAIE SUPPRESSED. An elderly female resident of Tirimoana, for the suppression' of whose name an order was made by the Alagistrate, appeared to answer a charge of theft of a lady’s cloak, valued at £5 os. Air. N. 11. Aloss appeared for the accused and entered a plea of guilty. In outlining the facts of the case Sergeant Henry said the owner of the cloak in question missed it from her , gig on Alay 12, and assumed that it was dropped on the Tirimoana Road. On Alay 17 the owner advertised for the coak and received no response to the advertisement. Ten days later the accused was seen in Eltham wearing the cloak, but she later denied all | knowledge of the article when later I questioned at her home by Constable Townsend. The constable, however, was armed with a search warrant, which, when executed, resulted in discovery of the cloak in a mutilated state, evidently in the course of alteration. Accused told the constable that the cloak had been sent from Australia as a gift to a relative. The Alagistrate, in imposing a fine of 20s and making an order for the payment of £2 16s (witness’ expenses) and restoration of the garment to the rightful owner, remarked that the case was another instance of the mistaken idea that anything found on the highway became the property of the finder. .

DRIVERS’ PENALTIES REDUCED. Air. A. Clirystal made application for the re-hearing of a charge of riding a motor-cycle at excessive speed pre-fez-red by 1 tbe Eltham Borough Council against Samuel White eighteen months ago, on which charge AY Hire was convicted and deprived of his driving license for a pei-iod of three years. White was only 16 years of age at the time. The chief grounds for the application were that AVhite, having already served eighteen months of the term of suspension, liad been taught a sufficient lesson, and being unable to find a purchaser for his motor-cycle was desirous of again using it to prevent deterioration J

The re-hearing was granted. On behalf fo the Eltham Borough Council, Air. St. L. Reeves opposed the application, but was agreeable to its renewal six months hence. He held that White’s machine was one of the most powerful of its make, capable of "a speed of 60 miles an hour, tbe speed mentioned in the summons. He urged that tbe application should have been made at an earlier date.

The Alagistrate wanted to know if White’s sense of responsibility liad increased during his suspension. Air. Clirystal thought it had, but Air. Reeves advanced tbe opinion that a further term of six months’ suspension would do no harm From the witness-box AVhite said he had not driven the cycle since his conviction, though on two occasions lie liad ridden the machine seated behind the driver. iWtness later qualified this statement under cross-examination byMr. Reeves, stating that he had driven the cy-ele m a hill-climbing test on private property at Tariki. He had been told by Constable Townsend, previous to the test, that he (the constable) knew of nothing in the regulations to debar him from taking part in such proceedings on private property.

Alter reviewing the case at some length, the Alagistrate decided to reduce the term of suspension to two years as from February 1, 1927, and ordered White to pay 10s costs. Islay Stunners, a- motor garage can-, ployee, who on April 13, 1928, was convicted and fined £5 and had his driving license suspended lor two years on a charge of driving a motor car at an excessive speed, was also granted a rehearing of hits ease. Defendant stated that in the course of his occupation at his brother’s garage lie was sometimes called upon to assist in repair work, and in handling motor cans. His suspension necessarily interfered with these duties.

The originating charge had been preferred by the Eltham Borough Council, for which body All- St. L. Bleeves appeared and offered no serious objection to a .reduction of the tesm of suspension of license.

The. magistrate took a lenient view of the case, remarking that had the oi rouinstances (been made as clear to iri 111 at the previous hearing as they now appeared lie would probably not have imposed .so severe a penalty. The fine had been paid and defendant had apparently' strictly observed the conditions of the. sentence, which would be amended to suspension Q.f his driving license, for six months, as from April 3,102 S.

AIOTOR. COULTSTON CASE CfGAIAI FOB. DA,MAGEIS.

Air P. o’f>ea. TTawera , appeared, for Nelson Tuck in a claim for £179 17s against Edward Elberliardt, a. Kaponga farmer, for whom Air R,. H. Quilliam, New Plymouth, appeared. 'Phe claim .arose out of a collision between a motor cycle ridden by' plaintiff at Kaponga. on November ({, 1927, and defendants’ motor ear, whereby plaintiff .suffered a compound fracture of the left leg. The statement of claim was as follows: Hospital’ charges £SO 13s 6d, meclilcal expenses £1 Is, repairs to cycle £lO, loss of wages from November 6, 1927, to April 30, 1928, £llß 2s 6d.

Plaintiff, an electric linesman, residing at Iviaponga, gave evidence that in the course qf a short motor eyed© rid©

on the Efltliam Road he passed Air P, Hamniersley’.s car, and in doing sj> did not Kee Ebertiardt’s ear drawn up on the wrong aide of the road. Both cars were faced towards Kaponga and Hamniersiley’s car liad to pass the stationary car on the wrong side or run over the plaintiff, who had a boy- riding on the seat behind him. lie did not see Kberliardt’iS car pulili up for the purpose o, picking up three children in front oi tiie OatlioLic Clhurdli, and liad no time himself to pull up when be did see it. H4s cycle struck tiie back of Eborbardt’s car and he and tbe boy (Patrick O’Donogliue) were rendered unconscious. Witness was taken to tiie itawera Hospital, where lie remained for 161) days xi. consequence of his injuries. Evidence in corroboration of tht statement made by' witness was givei by Patrick O’Donoghue, tw 0 pa.ssinj. cyclists JjAlisa Al. Evans 'and WiMian Sidney Ivehely), and Terence Hammersley, one of the occupants of the seconc car.

Cion stable J. O'Donoghue, of Kaponga, gave evidence of the positions o: the ears and motor cycle when lie arrived at the iscene.

Edward Elberliardt, tiro defendant said lie drove a four-seater car and admitted stopping on the wrong side of the road for the purpose 0 f picking up three girls for a ride. As he pulled uj there was a bump, at the back of has car. Uammer.sley’s ear passed at the same time.

The magistrate said that as the case wa« fairly important in consequence of the amount involved in the claim, he would take time, to consider bis decision and accordingly reserved his judgment.