MAGISTRATE’S COURT

Manawatu Standard, Volume LIII, Issue 250, 19 September 1933, Page 10

MAGISTRATE’S COURT

Mr J. L. Stout, S.M., presided over the sittings of the Magistrate’s Court at Palmerston North yesterday. Pleas of guilty were entered on behalf of J. L. Bennett, licensee of the Carlton Hotel, and V. J. Robertson, barman, on charges of selling liquor after hours and unlawfully supplying liquor after hours respectively. E. C. O’Sullivan, G. Booker and C. Smitliers were charged with being found on the premises after hours. Mr Sinclair, who appeared for the licensee, stated that the latter was more surprised than anyone else when lie opened the bar-room door and found the other defendants, who were friends of the barman, there He had no idea that they were on the premises. Sergeant Culloty stated that at 9.30 p.m. on. Sei>tember 9, with Constable Evans, he found Booker, O’Sullivan and Smithers in the private bar, where liquor had been supplied. Fines of £5 each, with 10s costs, were imposed on the licensee and the barman, and of £2 each on the other three defendants, the costs being 10s in the case of O’Sullivan and 3s each in the case of Smithers and Booker. For riding cycles at night without lights, T. R. Paul, M. M. Bentley and R. N. Brill were each fined 10s, with 10s costs. Penalties of 10s with 10s costs, were imposed on R. L. Elliott on each charge of having no tail light on his lorry when parked in Ferguson Street and of failing to possess a driver’s license. Charles Corkhill was fined £2, with 13s costs, on a charge of possessing an unregistered firearm. Henry White, who was stated to be £l9 7s Gd in arrears on a maintenance order of 10s a week, was sentenced to two months’ imprisonment, his release to be conditional on the payment of arrears. A DEFENDED CASE. C. Strode Penny, for whom Mr Graham (Feilding) appeared, pleaded not guilty to negligently driving a car on the main Rangitikei Line near Cameron’s Line on July 25. Evidence was given by Constable A. Ward that there was a skid mark 75ft. Sin. long near the point where a pedestrian, Mrs Young, was knocked down and injured by defendant’s car, which had apparently turned right round when the wheels had locked after the application of the brakes. Defendant had said he was dazzled by the lights of an approaching car and had slowed down to 30 miles an hour when the accident occurred. Cross-examined, Constable Ward said it was possible for a pedestrian to walk on the grass, but it would not be comfortable or safe for an elderly lady to walk on it at night without a light. Counsel: It would be safer than on the bitumen.

Replying to further questions, witness said that a speed of 30 or 35 miles an hour was not excessive for that particular road if there was no other traffic about. Constable Barrett testified that in a statement defendant had said he was dazzled by the lights of another car and had slowed down from 35 to 30 miles an hour, but when he drew clear of the light beams of the other motor vehicle he saw a lady and child 35 feet in front of him. He thought he had missed the lady, but she was struck and he turned his car round within 25 feet of the point of collision. Counsel said it was incumbent upon the pedestrian to keep a proper lookout and realise the danger where she was walking on the roadway. Defendant had taken all reasonable precautions. The Magistrate said that if defendant had not been travelling too fast he ought to have missed the pedestrian in a distance of 35 feet. Hd did not suggest for a moment that cars should stop, but they should be under such control as to be able to pull up quickly. The safest course for a pedestrian to adopt was to walk on the right hand side of the road and meet the traffic. Senior-Sergeant Wliitehouse said he thought the public were becoming educated to that. Counsel said it was a scandalous thing that severe _ penalties were not imposed on motorists with improperly focussed headlights, such as defendant had met. The Magistrate commented that the case was not a bad one, as pedestrians on a country road should walk on the right-hand side and look out for traffic. Defendant was fined £2, with 15s costs. CHARGE DISMISSED. R. G. Newth was charged with attempting to trap opossums out of season in the Asnhurst Domain. He pleaded not guilty. Senior-Sergeant Wliitehouse said that the Ashhurst Domain was in the Feilding Acclimatisation District, where a close season had been observed. Defendant, who was a licensed trapper, had been found there with thirteen traps in his possession, and, furthermore, was on the Domain without permission. Mr A. J. McLeavey, who appeared for defendant, said there was no provision under the Act for a charge to be laid against a person “attempting” to take opossums, and consequently the present information should be dismissed, as it disclosed no offence, and could not be amended. The Magistrate dismissed the case, stating that a fresh information would have to be laid.