MAGISTRATE’S COURT

Manawatu Standard, Volume XLVI, Issue 48, 26 January 1926, Page 10

MAGISTRATE’S COURT

MOTOR CAR AND CYCLIST. SEQUEL TO ACCIDENT. Before Air J. L. Stout,' S.AL, at the Alagistrato’s Court yesterday, Francis Alexander Reade, of AYellington, charged with dangerous driving of a motor car at Karei'e on December 5, pleaded not guilty, being represented by Air Ongley.

William Patrick Casey deposed that, on the day mentioned, ho had been returning on a motor cycle from Foxton to Palmerston North, and, when aproaching Karo re, had heard a car coming from behind. He was as far over to his left sido of the road as he could be, but had been caught by the sido of the car and dragged 100 to 150 yards. Beforo the impact witness would ho doing 15 miles per hour and the car about 25.

Evidcnco concerning the tracks of the two parties was given by three police witnesses. In outlining the case for defendant, Air Ongley said that his client had allowed the motor cycle plenty of room when pasing, and that the accident had been duo to Casey turning inward when the car was slightly ill advance of tho motor cycle. Defendant gave evidence on these linos, adding that ho had not known that Casey was caught by tho sido of the car until his attention was drawn to the fact by a daughter in the back scat.

Corroborative evidcnco was given by | (ho daughter, following which the Magistrate, in giving judgment, said that tlie only point lie had to con-, sider was whether the car had given Casey enough room. AY’lien passing a motor cyclist, tho driver of a car should remember that there was a tendency for the smaller machine to swerve and, consequently, ample room should be given. Defendant had stated that he did not want to go over the crown of tho road, and it was admitted that there was no traffic approaching. If there had been, it would have been defendant’s duty to wait until that traffic had passed before making any endeavour to pass Casey. “In my opinion,” said His AVorship, “defendant did not givo sufficient room, and that amounts to negligence. He will be fined £2 with costs.” CASE ADJOURNED. Oil the information of AATlliam Richard Jay, AY’illiam Cochrane, of I Shannon, taxi proprietor, was charged with using threatening language to complainant at Alangahao on January 11. Air Oram appeared for complainant and Air Ongley for defendant. Complainant, in evidence, said that he was at present running ail early morning service between Alangahao ( and Alungaore. Prior to that lie had - been with tlie Public AVorks Depart- , mont. After witness had started liis | service defendant, who had been running a mid-day service, put on a morning time-table. Twice prior to January 11 defendant had used threatening language to complainant. At this stage tho Alagistrato said I that, as far as lie could see, the in- ; formation did not disclose an offence, ■ for no allegation was contained therein of tho words complained of being used in a public place, or within tho hearing of tho public. Mr Oram said that tho information was laid under section 2 of the Police Offences Act, 1924, and that, if tho information were thrown out, lie could lay a fresh one. Questioned by the Alagistrato, All Ongley said that lie was going to raise as a defence the information not being in order. •■ls not the plea of not guilty a waiver of the objection:*” asked Air Oram. “No,” replied the Alagistrato. Further legal argument took place, tho case eventually being adjourned for two weeks to enable the matter to be looked into and a fresh information laid if thought necessary.