CITY POLICE COURT.

Otago Daily Times, Issue 16243, 28 November 1914, Page 14

CITY POLICE COURT.

Friday, November 27. (Before Mr J. R. Bartholomew, S.M.) Drunkenness.—George Clark who had been found drunk at Balclutha and remanded to Dunedin for medical treatment, was lined 10s, in default 48 hours' imprisonment. He was further charged with a breach of a prohibition order, for which he was fined 20s, with tho alternative of seven days' in gaol. Breach of Prohibition Order.—William Railton was fined 10s, and costs 7s, for procuring drink during the currency of a prohibition order; in default 48 hours' imprisonment. Accident at a Railway Crossing.—.John Henry Robinson pleaded not guilty to a charge of driving a vehicle across a level railway crossing when an engino was approaching within half a-mile of the crossing.—Mr Irwin appeared for defendant. — Senior Sergeant Dart stated that on the 7th inst. the 10.15 train to Port Chalmers had run into defendant, who was driving a cart in Frederick street. The fireman and engine-driver sounded the usual whistle, and as far as they were concerned the accident was inevitable. —Frank Page, enginedriver, gave evidence, and stated that as a result of tho accident the train was delayed eight minutes. —Under cross-examina-tion witness stated that he knew that there was a big stack of timber, which would obstruct the view of anyone attempting to cross the line until one was within a few yards of it.—Evidence was ;dso given by tho fireman.—Mr Irwin submitted that tho case should be dismissed. Defendant was a careful, painstaking driver, and on going round tho timber stack did not know tho train was approaching. When he found himself in trouble he did his best to get out of it. Tho cart was smashed to pieces and the horse was injured.—Defendant gave evidence, in the course of which he stated that he did not hear the whistle, and could not see the line owing to the stack of timber obstructing his view.—The Magistrate said that there was no negligence on the part of tho engine-driver. It seemed to bo a very dangerous crossing indeed, as it was completely obscured until one got practically on the line. There was no doubt that defendant did not hear the whistle. Tho case would bo dismissed. Breaches of the _ By-laws.—Dr Sydney Allen was fined ss, with costs 7s, for driving an unregistered motor car. John O'Connell was fined 10s, and costs 7s, for allowing cattle to "wander at Mornington. George Robinson and John Flanagan, charged with furious driving, were oach fined 20s, and costs 7s. Maintenance.—An application by Godfrey Manuel Shepherd for the remission of arrears under a maintenance order, and for the cancellation of the order, was granted.