MAGISTRATE’S COURT.

Manawatu Standard, Volume LIV, Issue 303, 20 November 1934, Page 2

MAGISTRATE’S COURT.

MISCELLANEOUS CASES. Mr J. L. Stout, S.M., presided at yesterday’s sitting of the Magistrate’s Court. Alan Berkalm, a barman at the Majestic Hotel, was charged that, being a person other than the licensee, he did supply liquor to Lionel Albert Waghorn after hours. Harry Burrows was charged that, being the licensee, of the hotel, he did sell intoxicating liquor after hours Mr L. M. Abraham appeared for both defendants and entered a plea of guilty. Senior-Sergeant Wliitehouse stated that at 11.40 p.m. on a Saturday Sergeant Culloty found a man drinking beer in a passageway adjoining a dance hall. After questioning him, he proceeded to the hotel, where the barman admitted selling a- bottle of beer to the man at 8 p.m. Tlie licensee was in bed when the police called at about midnight. The Magistrate imposed a fine of £5, with 10s costs, on the barman, and of £2, with 10s costs, on the licensee. Percival Northe Keeling, of Palmerston North, was charged with negligently driving a car on the Gorge Road; Ashhurst, on October 18. Mr L. Laurenson appeared for defendant and entered a plea of guilty. Mr Whitehouse said defendant came out of tlie Ashhurst-Pohangina Road at a higher speed apparently than he had estimated, swung out wide and collided with another car. He was two feet on the wrong side of the centre of the road when the accident occurred. Counsel stated that the collision was due to a faulty accelerator. Defendant was an experienced driver. He was a sunbstantial loser, as his car, which had cost £BS in August, had been sold at £ls for wrecking. Defendant was fined £5, with £1 costs. David Augustus Coley, of Shannon, was charged /with driving a car without a license. A penalty of ss, with 10s costs, was inflicted. A DEFENDED CASE. Gordon Aiphonsus Cornford, of Pahiatua, was charged with negligently driving a car on the Manawatu bridge at Ashhurst on Otcober 9. Mr A. M. Ongley appeared for defendant, who pleaded not guilty. Evidence was given by George Garnett, of Ashhurst, that on the evening of October 9, he -was coming back from Pahiatua in a gig and had gone about two chains on to the bridge when a car came along behind him at about 45 miles an hour. Both witness and his companion were thrown out of the gig, which was so badly smashed, both wheels and shafts, as not to ber worth repairing. There was a light on the back of the vehicle, this having been lit in the Manawatu Gorge. The accident occurred at 7.15 p.m. on a very bad night, when rain was falling. He did not see the lamp picked up after the collision. He next saw it in the wreckage of the gig, which had been removed to the stable-yard of his home.

George Wallace Smith, a salesman, of Ashhurst, who was a passenger in the gig, gave corroborative evidence. He said he saw the car coming from behind at a fast speed and he waved his arms to warn the driver, but the collision occurred. He had heard the comment passed by someone on the bridge that the car could not pull up in time. This concluded the case for the prosecution.

Defendant stated in evidence that he was driving his brother’s car to Palmerston North, with four passengers. As he approached the bridge, he saw no light on it. He entered it at 20 to 25 miles an hour up a rise and was about a chain along the bridge when he saw the gig about a chain ahead. It was unlighted. He could not pull up before the impact because the gig appeared to be stationary. The bridge was wet, and the brakes would not be dry. He could have stopped in another six or seven feet. With the brakes on, the car swung round and the gig was jambed against the side of the bridge, the horse standing still. Hater defendant and his passengers went to Mr Garnett’s yard to examine the gig. They asked where the light was, and it was produced from under a sack in the bottom of the vehicle. There was no candle in the light and no bracket for if could he found oil the gig. Defendant said he could distinguish with his car lights an object two chains in front of him. The gig was low-set, the horse black and the night dark. Corroborative evidence was given by Octavius Cornford, a brother of defendant, and a passenger in the car. Evidence was also given by Alfred Shirley, and Percival Cairns, both of Pahiatua, who ivere other passengers in defendant’s car. The Magistrate commented that whether or not the gig had a light, the car had 70 or 80 feet in which to pull up, and lie could only come to the conclusion that it was going at more than 2o miles an hour, which itself was too fast a speed at which to enter the bridge. Defendant was lined £5, with £1 16s costs.