DISMISSAL OF CASE.

Manawatu Standard, Volume L, Issue 112, 8 April 1930, Page 4

DISMISSAL OF CASE.

FAST SPEED ALLEGED. . INCIDENTS AT ASHHURST. “I really don’t think that this motorist did anything very much to disturb tho Sunday calm of Ashhurst. ’ observed Mr J. L. Stout, S.M., in the Magistrate’s Court yesterday when dismissing proceedings brought against Frederick William Edward Deverall, land and estate agent, of Wellington. Defendant, who was charged with driving in a manner which might have been dangerous to the public, was represented by Mr R. E. Harding, of Wellington. Constable Fischer, of Ashhurst, stated that at 11.20 a.m. on March 22 last defendant was coming at a very fast speed up the main street of Ashhurst. He covered a measured listance of twenty chains in 25 seconds, equivalent to 35 miles an hour, and swept round a dangerous corner without slackening his speed or sounding tho horn. There had been heavy traffic that day, which was a Sunday. The corner mentioned was a sharp angle and visibility was not good. There were only a few people about. Replying to Mr Harding, witness stated that the measured distance finished right at the corner. He took the timing on an ordinary watch. Defendant pulled up in about a halfchain. ' He was not making much dust. Witness denied that when defendant produced his license ho said : “That’s no good, boy,” or that defendant had objected to fhe use of that term. Oh his first persual of the license he had said it was no good, but had later passed it as correct. Defendant did not tell witness that he was one of the busiest men he had ever met. Witness had conducted twenty or thirty prosecutions in three or four years, none of them local cases. When defendant allegedly said Ashhurst was deserted, witness denied that lie said there were hundreds of neople about. . Counsel: Were many people going to church at 11.15 a.m.? —All Ashhurst. Sergeant Hill submitted that under the regulations the speed limit was 25 miles an hour in a borough or town district. . Counsel: But this is neither a borough nor a town district. EXCESSIVE SPEED DENIED. Mr Harding stated that excessive speed was strongly denied, and he submitted that there was no case to answer in view of the statement made by the constable that tlrere were few people about at tlio corner. When

about 200 yards from the corner, defendant remarked to a passenger that ho must have taken the wrong turn. He saw the constable standing in plain clothes and asked him in an inoffensive tone which turn ho should take to reach Wanganui. The constable allegedly then began to “blackguard” witness in terms not too strong, and unpleasantness ensued over the license. Defendant stated that he passed over the railway Jine and travelled along the main road at about twenty miles an hour. He found he had overrun the turn to Feilding, and reeing a man 150 yards alread he decided to ask him for his bearings. The ligure turned out to be a constable in plain clothes and he came over. Defendant thought it very nice of him until he was informed that he was charged with driving at a furious speed. The constable examined his license and informed him that it was badly written, whereupon witness replied that he was not responsible for that. Defendant asked him for information concerning the time and measurements, and was informed that he would receive the information in Court. He was rather surprised when the summons was issued, as he thought that the matter was a joke. Examined by Sergeant Hill, witness said he thought the constable was rather rude. He denied that he was attempting to draw a red herring across the trail by alleging that the constable was incensed. He knew of no reason for the proceedings unless the constable wanted a trip to Palmerston North occasionally. Sergeant Hill: Then you think that you were the chosen victim and that it was your unlucky day?—Oh, no. PARTING WORDS. “I have been most delighted to meet you. You are the most pleasant gentleman I have met for a long time, were his parting words to the constable, stated defendant, who added that he meant the constable to accept the remark which way he liked. Lena Meyer, of Melbourne, stated she was with defendant at the time of the incident. She remembered going through the Manawatu Gorge, because it was so beautiful. Defendant wa® travelling slowly up to Aslihurst looking for the road at which to turn off. Defendant pulled up to ask for the direction, and to the surprise of witness, the constable stated that defendant was going too quickly, and was a danger to the people in the street. There were three or four pedestrians on the footpath and no cars about. The constable was not very polite, and said there were hundreds of people about. There was an animated discussion on the beauties of the Gorge as they drove into Ashhurst.

His Worship: Broken by the skull and cross bones at the crossing. Sergeant Hill (to witness): You' would expect the policeman at the quiet country village on Sunday. Lily Meyer, sister of the previous witness, gave similar evidence. MAGISTRATE’S COMMENTS. “I don’t think that the Court can accept the estimates of speed made from a distance 500 yards away with an ordinary watch,” commented the magistrate. “I don’t think that the Court can take very much notice of the evidence of a speed of 35 miles an hour. We are well over-regulated. I

don’t suppose that one motorist in a hundred knows them all, but .just fol-/ lows the simple rules.* I think that people should be able to drive at 20 or 25 miles an hour through Ashhurst without causing much danger, iney rim about faster than that in Palmerston North. I don’t think that the evidence in this instance discloses any danger to the public, and the case is dismissed.”