CITY POLICE COURT

Otago Daily Times, Issue 18928, 31 July 1923, Page 11

CITY POLICE COURT

Monday, July 30. (Before Mr H. W. Bundle, S.M.) Drunkenness.—Benjamin Barker, who had been remanded on a charge of drunkenness, pleaded not guilty to a charge of drunkenness.—Evidence was given by Sergeant M’Enteo and Constables M'Robie and MTiittigan as to defendant's state.—Defendant questioned the witnesses about the whereabouts of £9 that he said he had had in his overcoat, but it was stated that 18s 9d was, all he had in his possession when arrested.—ln his evidence Barker .denied that he was drunk. He had been looking for a friend, and ho had looked for him in the Empire, Provincial, and Metropolitan Hotels, but could not find him, nor could he find throe witnesses who could say that he was not drunk, but ho had their names.—At this stage Mr Hay mentioned that Barker had < orae over from Sydney to obtain a legacy of £SOO unit had been left him by his mother. Mr Hay had been unable to pay all the sum to him, owing to thp illness of one of the executors of the estate, but he had given him sums from time to time and would let him have the lot almost immediately. He understood that Barker then intended to go to the country.—The magistrate remarked that the defendant not only got drunk but he seemed to suggest that he had more money in his possession when he went to the police station than had been accounted for. “Are you going back to Sydney?” asked the magistrate.—-Hopefully, Barker replied that he was going to Invercargill.—“lf you were going to get out of the country I might, hove given you a chance," said the magistrate, “but I think the best place is Rotoroa if you are not going away.”—The Senior-sergeant mentioned that on the day lie was arrested defendant had been driving about in a taxicab with a convicted thief. The "list” was heavy.—A remand in custody was made to Friday, the magistrate remarking that, unless it was arranged that Barker should get out' of the country, he would probably give him a term of imprisonment. After all', ho did not see why the State should h© asked to keep the man for a year in an inebriates’ home. A Broken Order.—Janies Cunningham, jnn., who had entered an hotel door during the currency of a prohibition order (Mr Hay) was fined 20s, and costs (7s). Maintenance Gases.—Richard Goughian admitted being £l3B in arrears with the maintenance order in respect of his wife.; — “Whot have you been doing since you disappeared?” asked Mr Irwin, who appeared for the wife. “Working temporarily,” replied Goughian.—“Working where?” asked the. Magistrate.—“ln Papanua” was the reply. There, it transpired, he had been “doing” three months for obscene langguag©.—The Magistrate adjourned the case to Friday in order that more light should be thrown on the position. Joseph Francis H. Woolfprd pleaded guilty to being in arrears with payments towards the support of his illegitimate child.—He stated that he had been unable to earn any more than would barely keep himself since December. In future, however, he hoped to receive more employment, and he offered to pay £1 per week—los fid maintenance and ,9s fid off the arrears.—The Seniorsergeant stated that the man had made all sorts of promises and had not kept them.— A sentence of three months’ imprisonment in Dunedin Gaol was imposed, the warrant to be suspended so long as 20s per week is paid. A Menace to Health.—Alfred William Legg explained that he had been short of cash and was unable to get the carcase of a • horse carted away from the place where it was exposed to the street.—He was fined 20s, and costs (7s).' ■ Indecent Act Alleged.—Charged with committing a grossly indecent act in a_ public place, to wit, a licensed public vehicle, in Vogel street, John Walker and Nellie Donnaghue pleaded not guilty and elected to- be dealt with summarily.—Sub-inspector Eccles prosecuted, and Mr Irwin appeared ■.for the defendants.—The court was cleared. Evidence was given by Constable Brownlie that he saw the oar standing in Vogel street at ‘ 11.30 p.m. There was no one in the front seat, and, hearing a noise, ho turned his torch on to the back seat, where he saw the accused. Evidence-was also given by Constable Parker, who interviewed the accused, and by the city motor inspector. The latter stated that Walker’s taxi-cab license had expired on March 31, and it had not been renewed.—To the sub-in-spector ; It was customary for men to ply for hire for months after their licenses expired. If everyone in the-town renewed the license of his vehicle at the same time witness would (be unable to cope with the rush. He had to handle all sorts of vehicle licenses. - —The Magistrate: Then, a man may drive for four months without renewing his license, and if he goes away The money is Tost.—Witness - That is so.—The Magistrate said ho realised the difficulties there would be in attending to all the ■licenses at the close of the corporation year, but these vehicles used for carrying the public should be attended to immediately.— The statement of the male accused was that a passenger whom he did not know, asked him to go into the back of the car while she waited for two friends. He had put his arm around her and pulled the rug over them when the constable arrived.—The female accused’s statement was that she had not been in the car on the night referred to in the charge.—Mr Irwin submitted that the oar was not a public place in that it was not licensed at the time of the alleged offence. Further, as the offence was not exposed to the public gaze it was not committed in a public place. He asked that the point be reserved and- the magistrate, in order to look into it, granted an adjournment to August 6.—Bail of £SO in the recognisance of each of the accused was allowed. _ . . , Charge of Negligent Driving—Arthur Robinson, school teacher (Mr J. B Callan) appeared on a charge of negligently driving a motor car on the Anderson’s Bay road on July 12. Senior-sergeant Mathieson appeared on behalf of the pohcc.—William Luniib (labourer) stated that on, July 12 (the day of the Capping procession) at 12.15 p.m., he was on board an outwardbound Tahuna. tramcar. Ho was standing in the partition behind the motorman, and when the car stopped at M'Bride street he came round to the motorman’s partition to pick up a parcel he had left there, but did not alight in doing so. Witness had gone 12 or 16ft when someone called “Look out !” He turned and saw a motor car about seven or eight feet away from, him going at what.he estimated to be at least 20 miles per hour. It was not possible for him to elude the car in time so he turned his back to it and was carried several yards underneath the machine. The car proceeded on its way for about 50yds before it stopped. Witness did not lose consciousness.—Edwin James Mills, motorman, stated that he wa» in charge of a Tahuna tramcar on July 12 about 12.15 p.m. He saw the motor car, which he estimated to be going about 14 or 15 miles per hour, and after it struck Lumb it ran about 45 or 50yds on its way before it pulled up. Witness did not leave his stand as he had his own work to - attend to.—William Robinson, compositor, stated that he was alighting from the tramcar and saw a motor car travelling to-, wards him at what, he estimated to be 20 miles per hour. He cried out to Lumb, who was unable to escape the car which struck him, carrying him about two yards. Witness went to Lumb’s assistance and brought him to his feet. He did not see Lumb alight from the car, and it was no: until the latter was half-way across the street that he noticed him again. By that time the car was within a few yards ot him.—Detective Lean stated that he was on a Tahuna car. which at the time of the accident was at dm M'Bride afreet slop. He hoard the warning to Lumb and saw the motor car strike him and drag him six or seven yards, travelling about 50yds further before stopping. He assisted Luniib to his feet. He asked the motor car driver why he did not stop before he struck Lumb, and the reply was that ho expected Lumb to jump out of the way in time. The defendant could give no explanation why ho proceeded the 50yds before pulling up. Witness was satisfied, however, (bat defendant had lost all control of the machine after ho had struck Lumb. Defendant slated that when he visited Lumb the day after the accident Detective Lean came in later and ic appeared to witness that he was attempting to convince Lumb to believe that bis injuries were greater than they really were. Ho was convinced that Lumb alighted from the car before it had pulled up.—. Senior-se-rgeant Mathieson ; Yon suggest that, the detective was taking unfair means to bolster up the case ?—Witness : Well, it seemed so. —Questioned by the magistrate, defendant stated that ho was quite certain that had Lumb not hesitated and turned back instead of proceeding on his way there would have been no accident.—Arthur Devon, aged 15 years, stated that ho was riding in the <;ar with the defendant and another boy, who was sitting on his (Devon’s) knee. The tram car was moving when the motor car reached it and was still moving when Lumb alighted. Ho could see quite clearly over the shoulder of the boy who was sitting on his knee. When he looked back after Lumb had been knocked down the latter was lying on the ground.—At this stage the court was adjourned till this morning.