ELTHAM COURT.

Hawera Star, Volume XLVII, 1 August 1928, Page 5

ELTHAM COURT.

FORTNIGHTLY SITTING. • At the Ehtham, Magistrate’s point yesterday, before-Mr R.. W. Tate, S.M., judgment for plaintiff by default was given in the following undefended civil cases: A. R. Gower v. W. H. Morgan, £1 12s (id; ,\V. G. Orozier v. IV. Armstrong, £3 ss. In the judgment summons proceedings, F. Dlaokie was ordered to pay forthwith to W. G. fclrozier the sum of £5 4s with costs 15® Gd, in default five day®’ imprisonment.

WANDERING BU BLOCKS At the instance- of the Elltham County Council, for whom Mr St. L. Reeve's appeared, Noel Gardner was fined 20s wiitlh 3'liS' costs for allowing eight bullocks to wander on the iVlangawhero Road. <ts ,- DISTURBANCE AT RIVERLEA. . Three, youths Frank Litchwa.rk, Brian Francis Malone, and Albert Watson, were charged with throwing stones to the danger of property at Rivet-lea on July 3, Sergeant Henry stated that on the date named a euchre tournament wa-s in progress in the Riverlea Ha’ll. At 8.15 p.m. the light®' were switched off and a) showej- of stones thrown qh the roof. An attempt was made by those in authority to locate til© source of the trouble. Tlie offence was repeated, and on the accused being questioned' Litchwiark denied, and the other- two admitted, having thrown stones. ; The Sergeant said such disturbances were becoming too frequent in places where there was no police protection. On behalf of the accused, Mr W. O. Hill pleaded guilty. No actual harm, he said, had -been done, and' this was the first offence of the kind against either of them. He asked that an order be made for tlie suppression of their naimes.

In fining Litchwark 50s with costs 1 Os, and Malone and Watson 40s each With costs 10s, the magistrate refused to order suppression of their names, remarking that those who committed such offences' should l be known, as be>ng likely to make furthtSb public nuisances of themselves. This sort of thing must be- made expensive, to enable country people to hold their entertainments without molestation.

DANGEROUS DRIVING. As a sequel to a motor collision a mile to the northward of Eltliam. on June 29, William Henry Rowe, farmer, of Pukengalhu, was charged with driving in a manner dangerous to the publi; Mr A. Qlirystal aipipe'ared for defendant and pleaded' not guilty. In outlining tlie case, Sergeant J. Henry said that at about 5.30 p.m. on the date named, defendant was driving towards Stratford, and Mr Luke Wilson, of Stratford, was attending to the engine of his car, which was stationary on the road side. Defendant’s car struck Wilson, in which were seated Mrs Wilson and two children. Mr Ballantyne, who fvais with Wilson at the front of Ms car, was knocked clown. Mr L. A. Smart, electrician, of New Plymouth, had .previously noted the erratic cause of-defendants car and had

narrowly averted a collision. Luke Wilson, theatrical manager, of Stratford, gave evidence of having engine trouble. He pulled the car to the correct side of the road and was making an inspeiction, leaning over the bonnet. The oar was hit from behind and Mr Ballantyne was knocked over and pinned under the front axle. He lifted' the oar off Mr Ballantyne and satisfied himself that his wife anil children were not hurt. Defendant’s car travelled 30 or 40 yards on the wrong side of the road after hitting witness’s c'ai’. Defendant was excited and behaved in an unusual manner, but wit- 1 ness could not say he was under the j influence of liquor. Repairs to witness's car would cost about £l2.

Leslie Allan Smart, of New Plymouth, gave evidence of passing through Elthani at about 5 p.m. He saw defendant’s car ahead of him, travelling at about' ten miles per hour. Ho made two attempts to pass Rowe’.s car, but it was zig-zagging on the road and witness preferred remaining 100 yard: in the rea r. A service car approach in ? from tlie opposite direction had- to pul 1 off the road ,after which Rowe’s cai collided with Wilson’s. I Corroborative evidence was given l \ I George' Wyatt, service car driver on the I New Plymouth-Hawara route. He had passed Wilson’s stationary car 30 yards before Rowe’s car met him. The more witness pulled off the road the more Rowe came, at him, finally hitting the number-plate of the car. Then Rowehit the back of the stationary car. 'Constable Town Send gave evidence of being called to the scene and gave details "of the positions of the cars. Rowe admitted having lvad two drinks n the morning at Stratford and three medium shandies at E/ltham in the afternoon, but denied beiim under the influence of 'liquor. He showed signs of having taken liquor,- but witness would not say he was, even under the ciivuimstances, .incapable of driving a ear. ' e

Mr On-ystal held that the real cause of the collision was Wilson’s . act in leaving his car 4ft Sin on the bitumen. Rowe did his best by swerving to avoid a collision with the service car and did not see Wilson's car, which he maintanned had no tail light showing. _ In evidence, defendant Rove said the town lights were reflecting on the wet bitumen. , A car approached him and he swerved to the left, 'but just in front, at a distance of about 10 feet, be saw the stationary car. He accelerated and swung to tlie right, passing between'

the service car and the stationary car at 50 miles an hour. Mr Ohrystal commenced to question witness as to 'being under the influence of liquor, but the magistrate remarked that tlie evidence of Constable Townsend cleared him of that inference; He must, however, enter a conviction for dangerous driving and inflict a fine of £5. with costs.