MAGISTRATE’S COURT.

Hawera Star, Volume XLVII, 18 July 1928, Page 6

MAGISTRATE’S COURT.

SITTING AT ELTHAM

At the Elthaxn Alagistrulep Court yesterday the following oases wore beard before Mr It. W. Tate, S.M.: — THEFT OiF GARBAGES. A. E. Thomas, labourer, of Elthann, was convicted and fined 20s for the tn-ort of three sacks of cabbages, ithe property of P. G. Nairn, a farmer on Stuart Road, and he was also ordered to make restitution of the value of the cabbages (22s 6d). Evidence went to show that the -accused bagged up the cabbages and hid them for latex removal in a ear. An application by Mr Obeys,tail for .-oppression of the accused’s name was not granted. PULLED UP ON INTERSECTION. A. IL. Gaze, of Stratford, appeared to answer a change of failing to give way to traffic in Bridge Street, Elthani, on June 6, thereby causing -a collision between his car and a delivery car driven by A. Claris, butcher. He p-leaded not guilty. Sergeant J. Henry conducted the police case, and in outlining pa,i*tiou--ars of the collision, said that ,as Gaze emerged from Stanners -Street into bridge Street he became aware of the approach of dark’s ear and -stopped almost in the middle of Bridge Street. A. Clark,_ butcher, of Elthani, in evidence, said that bad Gaze continued on bis ooursp instead of stopping, lie (Clank) could have passed behind him in safety. Tn rebuttal, Gaze -said his vision of Hridge Street was obscured by a- istationary car on the corner of Stanners Street, but when once he entered Bridge Street and noticed Clark’® car he thought that had Clark not been e-x----eecd- the speed limit he could have puled up before the impact-. The magistrate ruled out as irrelevant auv evidence in -regard to -speed, which bn-cl not been called into question, and for the benefit of defendant- quoted the : ‘off-side rule” in the Motor Yell id;? Regulations. A conviction with a fine of 20s and costs IBs was entered. level crossing trouble.

As the result of a collision between ins motor-car and a shunting railway engine on this Bridgp -/Street railway crossing at 10.30 p.m. on May 24 last, n . C. Aitkon, of Opunake, was charged with (1) that lie crossed tlie railway when the line was not clear*, (2) wdtn inning to keep a vigilant look-out, and (3) with- failing to /stop when coming l n tci ‘ contact with the railway lint?. Mr J. L. Weir appeared for the Railway Department, at whose instance the charge® were preferred white the defendant was represented by Mr A. Chry-stai. Denis Brosnalian, relieving clerk on tlio railways, gave evidence of being on duty at 10.30 p.m. on May 24, when lie switched on tlie; crossing signals' (wigwag and bell) during is'buniting operations. He left the switch on until the engine had “kicked off” a- truck beyond tlio crossing. In answer to Mr Gbrystal. witness

admitted that this truck struck a stopbkek and became derailed. He did not ■switch off the bell signal until he estimated the engine had time to clear the crossing on its return to the station. Arthur H. Zellman, railway guard, residing at Hawera, said in? was in charge of a goods train on the niglut of Ai ay 24. Oil arrival at Elthani he conducted the shunting of tracks, after which the engine remained on the crossing without apparent object. To ascertain the reason of this, he proceeded to the crossing and was made aware that a collision had occurred. The bell signal and wig-wag were then working. His impression concerning the fact that Ait-ken was lying on th© ground; was that he saw tin? engine on tii-e crossing and dived out of his car immediately before the impact. The crossing was brilliantly lit by the engine headlight. Edward McKenna, engine-driver on tin? train, gave evidence in corroboration of that of the previous witness. He-sounded the engine whistle on each occasion of approach to me crossing. There was plenty of room for Aitken to pass tlie almost stationary engine on the crossing Before andl after the collision .the bell signal and wig-wag were operating, Tli© 1 acetylene headlight oil this engine had failed, and a kerosene lamp had been substituted at Midhirst.

lb 'Air Ohrystal: He had bad twelve months’ experience as an engine-driver. After ‘‘kicking off” a truck during shunting, lie acknowledged the guard’s signal with a short “pop” and, a,'long wliiWe. which could be heard at a, considerable distance. The engine beadlight would not illuminate the engine behind it to any great extent while adjacent electric lights were burning. William Frederick Proud, fireman on the train, said both signals at theeroesing were in operation when the truck wa® “kicked off.” In returning over the crossing he noticed a oar.'approaching from Bridge Street and called to the engine-driver to stop. The brakes were applied, but lie fore the engine definitely stopped a collision bad occurred. When he and the driver got down to investigate they found Aitken lying on the roadway.

To Air Chrystal: When he first saw the car approaching it was more in the middle of "the road than on its correct side and was travelling at about 15 miles per hour. When the guard arrived on the scene both signals were in operation. Airs Nona Grenfell, a draper’s assistant, residing at the Alount View Private Hot#, adjacent to the railway station; Henry Alexander Roswell, company manager at Elthani, lodging at the sams house as, the previous witness; and Harold L. Kasper, hotel proprietor, also gave evidence. After outlining the case for the defence. Air Ghryisital called Leo Bridgpman, oarpetcr, who was hoarding at the Fl.thnm Hot# at the time of the collision, who said he was oil the point of retiring to bed when he heard two crashes and immediately after someone called out “Are you all right down there ?” When he heard the first crash the electric bell was ringing, but when the second crash occurred two or three minutes after the ringing of the bell had ceased so far as lie. con'd remember. George H. T. Robinson, a fellow-work-man and boarder at the Elthani Hotel with the. previous witness at the time, gave, similar evidence. Ira, J. Bridger, who arrived by car just after the collision, said lie' heard no warning., whistle from the' engine. This could, he said, he drowned by the noise of a. running car. The wig-wag ■wag not working. Wilfrid E. Gc Reid, cabinetmaker, gave evidence of passing* over the crossing before the collision took place. Having noticed the approach of a car and the fact that shunting was going on, lie speculated on the possibility of a collision and also noticed that the electric warning bell and .the wig-wag wore' not working.

William Charles Aitken, blacksmith, Opnnake. said he stopped hi® car within sight of thte croissin.g to adjust hi® side curtains. The line was dear and lie could, discern the Elthani Hotel and a. store on the opposite side of the road, beyond the crossing. He wn® positive the warning bell and wig-wag were not working. Upon resuming liis journey, his first intimation of danger was the

.sight of the railway engine loomiing in front of him like a big cloud. He at once applied his brakes, but could not avoid a. collision. After a lengthy review of the evidence bv counsel on both sides, the magistrate chief he woii'Vl take time to consider Ins decision.