MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume XLII, Issue XLII, 22 June 1923, Page 3

MAGISTRATE'S COURT.

THURSDAY, JUNE 21

(Before Mr. J. B. Barton. S.M.)

CIVIL CASES

Judgment by default was given in the following oases: —Goldstone and Patterson v. O. Oairney, £4 Is 6d (oo&ts £1 3s 6d); Kopu Turahui v. 0. Hopkinson, £10 2s 6d (£2 14s) ; B. R. Long v. 6. Buckton, £10 2s 6d (£3 8s); B. R. Long v, L. Belk, £4 15s (£2 Is 6d); B. R, Long v. t J. SkeUy, £11 15s (£3 2s): J. McLeod v. W; Pakau, £1 10s (£1): Hawera Motors, Ltd. t. C. and W. Zadoni, £2 lls (£1 14s 6d). JUDGMENT SUMMONS.

M. Keegan v. G. W. M. Hjjrrell. j Debtor, examined by Mr. ODea, said, he was a married man with two chil- ; dren. He was, until recently, a farm- , er, but had suffered by the slump. He-i took a farm at Mahoe, and after los- j ing all his money caane out about a year ago. He had a nervous breakdown and other illness. The judgment was obtained for rent, and when served with the writ he was confined to bed and was unable to do any work. He had earned very little- for the last nine months, having worked only five months. For four months his nerves had been bad. He had earned about £78 to keep his wife and family. He did not wish to go bankrupt. To Mr. Matthews: He had another farm at Moeroa, but it was sold in 1919 and he had had nothing in the equity. He had been squeezed out by the other mortgagees. He had had no interest paid for two years. No allowance had been, made by the Insurance Company for an eye' trouble. His family had been with her people or his. He could not get any work now and had been looking after the farm of his father. His wife had furniture only, but no means. He had in the house for four months and had paid no rent. He had tried everywhere to get work without success. The Magistrate said that this was a case in. which there was no proof of ' ability to pay ox pf sufficient means. ' No order was made. %

BREACH OF MOTOR BY-LAWS. J. R.. Archibald wa*, charged with driving a motor car along Glover Road |on May 0 in a manner dangerous i» i the.public and contrary to the borougu by-laws. A. G. Barley, dentist, one of the passengers on the day in question, said ! that lie estimated the speed was thirty j miles per hour and was dangerous to I the public and to the occupants of the car. " He complained to the driver several times during the journey to town from the racecourse. : A. W. Wilson, law clerk, of ITnwera, also gave evidence as to his estimate oi • the speed.-at which the defendant was i driving. He had not made the com- | plaint, but had given his version when asked by the constable. j I<\ A. PTielan, inspector for the lia- ' wera borough, said he received a complaint in regard to defendant, and in consequence interviewed him with Constable Mullan. He asked him why he went so fast, and the reply was that he considered it right to pass because ; the car in, front was going very slowly. , He then told him he would hear more of the charge. The traffic vra-s much more than usual oh that day. The j . road off the asphalt was a sea. of mud 'and it was unsafe for a car to g«r on to that part of the mud. j

To Mr. ODea: He asked a constable about defendant, and the latter said he had driven aJI ripht on the return trip. Defendant had been driving for a year on the Hawera-New PVymcrath Berries'.

Mr. ODea asked if a conviction could be given when there were other charges made.

Mr. Houston said that lig would ask the charge to be amended to "a charge of driving in a manner dangerous t# the public."

Mr. ODea said it was a difficult ease to answer, in view of the evidence of reputable residents. Defendant had been a public driver on the roads for a long time and had had no complaints. The complaint in this case was made only at the termination of the journey. It was v race day and there was a certain exhilaration, and anyone, even tho most sober, would not go along as if at a funeral.

Defendant, in evidence, said to Mr. ODea that he had been driving eight years, and had been driving the service car daily for a year to New Plymouth, and about Jnglewood for five years en mail contracts. They ran two cais on the daily service to New Plymouth. On the day in question he left the course after the last race. Two cars passed him, and he said h« was going for it, too. He got off the asphalt to pass some slow cars going not more than fifteen miles an hour. He heard some remark from one of the passengers as to the speed, but no further remark about the driving. "When he passed these few cars going slowly he would not be doing much more than twenty-five miles an hour. Another car also came out from the ruck, and there was some difficulty in avoiding this other car. His sp-eed was not enough to frighten anyone. When he got to town, one of the passengers said he had a. good mind to r*> port- him. He deposed as to Constable Mull an telling him a complaint had been made. The inspector was arguing with another driver as to tho traffic that day and the pace at which , the cars had travelled.

To Mr. Houston: He would deny that he was doing thirty miles an hour. T? Mr. Barley had said he remonstrated with- him he would say it was not hw his hearing. There was a good stream of cars, but-the weather-was very ba*. The road was wet and muddy off th<> asphalt. He did not consider it danserous to go into the mud unless a driver was going very fast. Going off the asphalt and coming back he wouM have two wheels in the mud and two lon the asphalt. ! Mr. ODea said that the chargs would probably not have been made unless the defendant had passed somo cars. He would hardly consider it was dangerous in the circumstances even at- thirty miles an hour. He. put m a testimonial as to defendant's ability. In most cases when pas si no- ;t driver would have to go fast as defendant had done.

_ Mr. Houston said the borough exercised great care in regard to the traffic, appointing seven assistants on the race days, and the inspector warned all taxi-drivers and told them a charge would be made for any very fast driving. H© considered that the speed was too fast and dangerous to the public and to other cars .and to the driver find passengers. He submitted that •it was dangerous to leave the asphalt at a high speed, and the witnesses would not complain unless there was good ground.

To His .Worship: The distance ivas two in lies.

Hi.s Worship said the ease was clear but he agreed it was not always dangerous to pass another car. 'On the race days there was a - continuous stream of cars, and in this case passengers hod complained. When men took a journey in a taxi the driver had a great responsibility. He would take into consideration that it was the first case and that defendant had a very good reputation as a driver. It was

not right that a taxi-driver should go so fast on such a day. In such cases there was a duty on the court to protect the public. Defendant was convicted ana fined £3 and costs.

On a further charge of Jiot blowing his horn at the corner of Turuturu Road, defendant pleaded guilty. He was convicted and ordered to pay the costs only.