MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume LXXVII, Issue LXXVII, 6 June 1919, Page 8

MAGISTRATE'S COURT.

TO-DAY'S SITTING. To-day's siting of the Magistrate's' Court was presided over by Mr J. G. L. I Hewitt, S.M. < SEQUEL TO A COLLISION. R. G. Coekerton was proceeded against under the Borough by-laws for having driven his car around the Union street corner from Glover road on the wrong side of the road. Mr P. ODea I appeared for the defendant, who pleaded not guilty. Harold Law (who was represented by Mr J. Foy) deposed that on Sunday, Api;il 13, he was riding his motor cycle along Glover r<xid, going towards Normanby. His sister was seated on tha carrier of the cycle. When approaching the junction with Union street he noticed the defendant coming from the opposite direction, and when witness [ was half way over the crossing the two vehicles collided. Defendant turned j sharply around the corner. Witness did not hear defendant sound his horn. Witness was travelling about eight or miles an hour but ne did not know what speed the motor car was travelling at. Defendant, however, would be travelling taster than witness, mm he was further away from the corner. Witness was thrown off his bicycle and sustained a broken ankle. Defendant took witness around to the doctor after the accident.

Cross-examined by Mr ODea witness said he could not remember whether he sounded his horn. There was no indication that the car was going to turn the corner, and he did not think lie could have avoided the accident. He did not blame defendant for the accident at the time, but he thought defendant was responsible for it. Pressed by Mr ODea why he did i ot blame defendant at the time of the accident, witness said he was partly d:;zed when the collision occurred.

Evidence for the pro^eevjtion was also tendered by E. Belli, C; Young, and E. Day. The witness Young considered that the accident could not have, been avoided.

This was the case for the prosecution. Mr ODea raised a technical objection (1) that the by-laws had not been produced and proved; (2) that the corner was not an intersection within the meaning of the by-law, but a junction. The magistrate allowed the police to produce the by-laws.

Defendant, stated that he was driving a car aloig Glover'road on the day in question, coming from Normanby. When near the Union street junction witness noticed a motor cycle coming along from the opposite direction. Neither was travelling fast. Witness was travelling on his proper side of the road. When a little distance from the corner witness noticed the motor cycle swing out to about five or six feet, which gave him the impressnon that the cycle was going to turn into Union street. Witness then took a sudden shot across the corner to try and avoid the oncoming cycle. Witness, when he saw that an accident was unavoidable, put on his foot brake and also applied the hand brake. The cyclisb did not complain to witness after the accident. He took L»aw to the doctor.

R. E. Cockerton corroborated the evidence of his brother.

The magistrate reserved his decision on the second point raised by counsel.

DEBT CASES. Judgment was given for the plaintitts, with costs, in the following undefended cases: N.Z. Loan and Mercantile Agency Co., Ltd. v. L. Bunn £12 9s 6d; H. Halliwell v L. Bunn' £39 10s; T. Kata Thompson v. RanSi ituteao, £2 4s lOd; Farmers' Co-op Society v. F. C. Crookes, £2 19s; same v. Rurangi, £1 3s 6d; T. Kata Ihompson v. Ngapera Waitohu, £12 2s 9d (as against separate estate) ■ same v. Rawea Ngatai, £24 17s 6d (as against separate estate; same v. Uruanewa, £29 4s 8d; same v. Hauora Pikirapu, £18 10s 9d; B. R. Long v Awatapu, £4; E. M. Brough v. Pu-1 taka, £7 2s 2d; E. Tippett v J Cantle, £7 7s. l* In the judgment summons case H. W. Davy (Mr Marshall) v. Rewi Rangirua, claim £3 16s, the debtor consented to an order for liquidating the debt, at the rate of 10s a month. I