MAGISTRATE'S COURT

Hawke's Bay Tribune, Volume I, Issue 116, 2 May 1911, Page 11

MAGISTRATE'S COURT

NAP4ER

MONDAY. MAY I

(Before Jlr. S. E. McCarthy, S.M.)

MOTOR COLLISION.

A collision between two motor ears at the corner of Lincoln road and Fitzroy road. Napier, on March 22nd, was the subject of an action in the Police Court yesterday. Dr. T. C. Moore and Mr. Stanley Hay, the participants in the collision, were charged with failing to give due warning on approaching a corner by sounding tneir horns. Mr. Dolan appeared for Dr. Moore, but Mr. Hay was not represented.

Inspector Dwyer appeared for the prosecution.

The first witness was one Angelo Persi, a labourer, who saw the smash. He stated that no horns were blown by eithei- party. Hay was travelling very quickly. Mrs. Persi, wife of the previous witness, stated that she was with her husband at the time of the smash and heard no horn blown. Hay was travelling too quickly. Constable Doyle said he had made enquiries. Hay told him that he had crossed to his right side, but Dr. Moore crossed to his wrong side and a collision followed. Neither party blew their horn. Dr. Moore said he steered to the wrong side to avoid an accident, but Hay cut across the road in front and a collision followed.

This closed the case for the prosecution and Mr. Dolan for the defence pointed out that the bylaw was invalid as there was no proof of the Inlaw having been approved by the Minister and that it had not been sent to the Minister within the proper specified time.

Dr. T. C. Moore said that he was about 40ft. from the left corner (which was an obtuse angle), and about 60ft. from the right corner, when he saw a powerful car approaching at about 20 miles an hour. Witness was travelling at about 6 miles an hour. Hay admitted he had come round on his wrong side. His horn would blow sometimes and sometimes it refused to do so. It was a most dangerous corner.

Martin Murray, assistant town clerk, said that the bylaw confirmed in 1904 had been sent to the Minister for approval on June 13th, 1966, with apology for delay. The Minister’s approval was obtained on September 12th. 1906. Pending proof of advertisement of the bylaw the case was then adjourned until this morning. ALLEGED I’HEFT. Ned Hedley was charged with the theft of a suit of clothes from one John Nants. at Petane. on March 2nd.

Inspector Dwyer prosecuted and Mr. Dolan appeared for the defence and pleaded “not guilty,” and elected to be dealt with summarily.

Inspector Dwyer said that it was alleged that accused had stolen the clothes from a room in the Petane Hotel previously occupied by Nant, and that he sold them afterwards for 30 -. Walter W. Gibb said he was employed at the N.Z. Clothing Factory and remembered selling the suit of clothes in question to Nants. No clothes of that particular pattern had been sold by them in New Zealand since Christmas. He was positive he had sold the suit produced to Nant.

John M . Na nt, Puterina stat ion, rabbiter, said that he left the clothes produced in the drawers in No. 4 room at Petane Hotel, but it was a brand new suit when he left it, but it had since been worn a good deal. To. Mr. Dolan.—He had only worn the coat and vest. He had never suspected Hedley of stealing. He would not swear positively that the suit was his.

J. W. Belz second-hand dealer, said he had bought the suit from accused for 30 - and sold it afterwards to a Mr. Norman.

Frederick Braddley. said Nant had stonped at the hotel and left a suit of clothes in his room. Accused also stopped at the hotel, and after he left the suit in question was misstn".

Mr. Dolan pointed out that the accused was before the court recently for the theft of a rifle, but that the theft of the clothes was at the same ime and accused had not the same time and accused had not tended to him.

f’onvieted and mtiered to come up for sentence when called upon. Nant's exnen<es. £*2'lG to be paid and clothes returned and £1 to be refunded to the second hand dealer. Belz. Fourteen days were allowed to pay the fine.