SUMMONS FOLLOWS "TRUTH'S" COMMENT Not The Son of Dr. Smyth

NZ Truth, Issue 1228, 13 June 1929, Page 8

SUMMONS FOLLOWS "TRUTH'S" COMMENT

Not The Son of Dr. Smyth

(From "N.Z. Truth's" Special Wellington Representative) Three months ago, when George Mitchell, City Councillor, chairman of the Wellington Show Committee, and late Colonel of the N.Z.E.F,, was driving- nis motor-car along Balance Street, he accidentally knocKed down the late Mr. Percy Barker Phipson, President of the Wellington Kennel Club. • So severely injured was Mr. Phipson that he died the same night he was admitted to the hospital, and when the inquest was 1 held it was shown, and admitted by Mitchell, that he had been driving at the time of the accident without, a license. '

MITCHELL, escaped prosecution for a long time, but on Tuesday of tiiis week he appeared^before Wellington justices and was fined £1. for a breach of the by-laws. The accident occurred on the night of March' 7 last, but for some reason Mitchell somehow managed to escape proceedings for driving a motor-car without a license. It was pointed out by "N. Z. Truth" at that time that the police had the right of using their discretionary power when it came to ■ the question of prosecuting bylaw offenders, but it was also pointed out that because Mitchell

was a City Father, among other things, it was not right or justifiable, that he should be allowed to fracture, with impunity, the bylaws that he and his council had helped to frame. Why should a responsible cltizer like Mitchell be permitted to driv« through the streets of Wellington without his license, while every day lesf fortunate motorists were being halec. before a magistrate and fined for failing to observe the city by-laws? Thai was the question propounded bj "Truth." Mitchell had no right to drive rounc as he did, and all would probably hav< beeit well, and'no one would have beer llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllillllll'llllllllllllllilllllllllllllllll

O ■ ■ any the wiser, if it had not been for the unfortunate accident which resulted m a man's death. '• At the time of the accident, Mitchell knew he was m the wrong, and, It is said, he made all haste the next morning to obtain the license. He had to tell Mr. F. K. Hunt, S.M., the coroner at the inquest, that he did not possess the license at the time oi the accident. - : ;When Mr. Hunt held the inquest, :he had something to say to Mitchell, which gave "Truth" and the public the impression, that Mitchell would be prosecuted for a breach of the by-laws. But for three months Mitchell was allowed to escape the penalty that was his due. ■ During his evidence given at the'inquest, Mitchell told the coroner that he had been "crawling" along at about limiiiMimiiiuiiiiuiiiiiiiiimiiiimimiiimiiiiimiiiiiiiiiiiiiiiiiiiimimimiiim

1 four miles an hour, and that he did not . knock Mr. Phipson down. I He .said the man was lying m the r roadway and he drove over him, accidentally. 1 When Mr. Hunt gave his verdict of 2 accidental death, he left no doubt as to I what he thought of Mitchell's evidence/ II He made it perfectly clear that there was no evidence to show tha* Mr. Phipson had been under the influence of liquor, as had been . suggested, and the coroner further intiirfateo 1 that Mitchell did knock down the deceased. In his closing remarks, the coroner said Mitchell would probably have to face a charge of driving his motor-car without a license. . .

(From "N.Z. Truth's" Special" Well m gton Eepresentative). ALTHOUGH he bears the name of a prominent city medico, Hugh Smyth, it is alleged, has no right to the use of the name, as Dr. Smyth is not his father. • This point arose when Smyth appeared before Mr. E. Page, S.M., m the Wellington Police Court, charged with stealing a motor-cycle and side-chair valued at £180. ' .. Upon the application of Chief-detective Lopdell, a remand was granted, but Mr. J. Meltzer, for the accused, asked that bail be allowed. "If bail is allowed m this case," said the chief-detective, "I ask that it be substantial. The motor-cycle has been recovered, but Smyth threw the side-chair over the wharf, and it has not been found. Smyth is largely irresponsible, too." Mr. Meltzer said Smyth at present bore the name of a respectable doctor m the city, who, if the name were published, would have to bear the disgrace and stigma of the case. The accused had actually been brought up by the doctor, and was apparently known as Dr. Smyth's son, but counsel's instructions were to the effect that that was not the legal name of the accused. The Magistrate admitted Smyth to bail m £150 and one surety of £150, with the additional safeguard that he report daily to the police 1 should he obtain the amounts.. -'•■" iiMiiitfiiiitifiiiiiiiitiMiiiiiiiiiitiiiiiiiiiiiiiii]iiiiiiiiiiiifririiiiitiiiii(iiii>iiitii(iiiitiiiiiiiiiiiiiMriitiiiiittiiiittiiiiftiiiititiiii[ii(iriitiiiiiiiiitiitiiiiiiiiiitiiiiitiiiittiiii;tiiiniiii

a ~ j When, after a few weeks nothing was i done, "N. Z. Truth" exposed what was, undoubtedly, a most regrettable state 1 of affairs, because the police seemed i to have conveniently forgotten it. The whole of the facts were placed before the public, and "Truth" de- , manded that Mitchell should be made I to take, his medicine and stand before a I court to explain, if he could, why he • should drive . a motor-car without a license. That was m April, and it seems that the Justice Department or the police officials have taken two months to consider the question, before finally committing' themselves to the step of prosecuting a city councillor of prominence. , Although the delay had been un- } warranted, "N.Z. Truth" left the '■ authorities nothing else to do but '. .'prosecute Mitchell. t The object of this paper m giving iiiiiliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii

publicity to the case at the time was lo emphasise the fact that if a- man offends against the law he must be called to account, irrespective of his position m the comhtunity. Mitchell, who did not appear m court, was represented by Mr. J. F.B . ■Stevensbn.'iind. entered a 'Plea' of guilty. It was on oath, said Senior-sergeant Butler, that, Mitchell, on March 15 last, admitted"" that he had failed to renew his license. On the facts then m the hands of the police it- Vyas decided not to prosecute Mitchell, but it jwas found later, that MitbheJl, not onlydid riot haY&. a license 'for- 1928 : 29, . • but he had also failed to 'get his license for 1927-28. ; Mitchell told the senior -sergeant that

O— : : he had overlooked the matter, but it was because of his failure to have a license the previous year that it was decided to prosecute. The cost of a license, added the senior-sergeant, was 6/-. On behalf of his..h,bsent client, Mr. Stevenson stated that up to March 31, 1927, Mitchell used to take out his own license arid arrange*- for the number plates, but that year he left the matter m the hands of his bookkeeper. This cleric obtained his number plates for that year, but Mitchell forgot that she could not obtain the license to drive. It was, contended counsel, a pure

oversight on Mitchell's part, and it was not as though Mitchell were an incompetent driver. He had received his driving license many years prior to this, and he desired to inform the court that his action was m no way wilful. The justices, without comment,-im-posed a fine of 20/- arid oostfj upon Mitchell, and the case that has been dragging on for three months has now beens-disposed of to the satisfaction, at least, of the Justice Department.