CITY POLICE COURT.

Otago Daily Times, Issue 20022, 12 February 1927, Page 22

CITY POLICE COURT.

Friday, February 1L (Before Mr EL W. Bundle, S.M.) DRIVING NEGLIGENTLY. Ivan Daly was charged with negligently driving a motor vehicle.—Defendant, who was represented by Mr W. G. Hay, pleaded guilty.—Sub-Inspector Fahey said the accident happened late in the afternoon near Hangman’s Gully. Defendant was coming down the hill when he collided with Dr Groenslade’s car, which was travelling in an opposite direction. —Mr Hay said defendant would admit being on the wrong side of the road, and the only excuse ho could offer was that the sun was in his ©yes. Defendant had suffered pecuniarily through the accident. He had paid £37 by way of damages to Dr Greenslade, and the damages to the motor cycle would amount to £lO. —Defendant was fined 20s, and ordered to pay costs. ILLEGALLY ON LICENSED PREMISES. William Victor Graham and Mark Thomson pleaded guilty to being found on licensed premises daring the time w'hen the said premises were required by law to be closed.—The sub-inspector said Sergeant M’Carthy and a constable visited the hotel where the offence was committed and saw these men coming out. They said they had no business there, except with a view to getting a drink. —Mr \V. G. Hay said he was instructed by M r Irwin to appear for defendants, and he understood that both men called to see a man who was staying there, but who had apparently left some days previously. They, however, stayed talking with the licensee.—Each defendant was fined 30s and ordered to pay costs. BREACH OF MOTOR VEHICLES’ ACT. William J. P. M'Ouiloch was charged with permitting the purchase of a motor vehicle without the endorsement of the license.—Mr W. G. Hay said he was instructed by Mr Irwin, and pleaded guilty. —The Sub-inspector said the car was bought, from Daigety and Co. and a transfer bad been applied for.—Mr Hay said that defendant had failed to lift the license.— Convicted and ordered to pay costs (10s). William MTCenzie pleaded guilty to driving a motor cycle without being in possession of a license to drive such a vehicle.—The Sub-inspector said that an accident happened in Elgin road. The vehicle ran on to the footpath and knocked two children down. —Defendant said the motor cycle he was using on that occasion had been damaged earlier in the day when driven by his brother, who was the owner and held a license.' Witness went to bring the vehicle home. At the time of the accident the cycle was being towed by a motor car. —Fined 10s, and ordered to pay costs (10s). J. Thompson was charged (1) with driving a motor car at a speed dangerous to the public, (2) with not being in possession of a license to drive a motor vehicle and (3) with failing to produce his license when requested to do so.—ln reply to the magistrate the Sub-inspector said the reason why the third information was laid was that defendant had said ho had a license, but had mislaid it. Inquiries had been mads and no trace of the issue of a license could be found.—Defendant pleaded not guilty.—Evidence was given by Messrs Cameron, John MTigue (tramway motorman) and Constables Brownlie and Gibson, the latter stating that defendant had made a statement to the effect that he resided at Five Rivers (Southland). —With respect to the first charge defendant was fined £5 and costs, and on the second he would be fined 40s with 10s costs. Tire third charge would be withdrawn. ALLEGED FAILURE TO ACCOUNT. A middle-aged man, whose name was suppressed by order of the court, was charged on the private information of George Samuel Thomson, with on divers dates receiving the sum -of £64 11s 6d on terras requiring him to account for and pay the same to the Hotel Employees’ Union. —Chief Detective Cameron said he understood from the accused that he was of opinion that the charges, which were laid some time ago, had been withdrawn. The accused had been absent from Dunedin for a period, and had called at the Police Station that morning. He understood that the union intended to proceed with the charge, and he, the Chief Detective, had advised the union to hold a meeting to come to a decision. He asked for a remand for a week until some definite decision could be arrived at. —Accused said he was quite agreeable to that, meantime he applied to have the publication of his name suppressed.—The Magistrate said he would adjourn the case for a week, but before he would allow the information to be withdrawn he would require some more light on the subject. Accused would be remanded for a week, bail being allowed in accused’s own recognisance of £SO. Publication of accused’s name would be suppressed meantime. INTOXICATED MOTORIST. Albert Magnus was charged (1) with driving a car without having a license; (2) with driving at a dangerous speed; and (3) with being intoxicated while in charge of a car. —Defendant, who was defended by Mr W. G. Hay, pleaded guilty to the first two charges and not guilty to the third. —Sub-inspector Cameron said that defendant collided with another car, driven by a man named Winefield, on the Mount Cargill road, about a mile beyond the Brown House. Defendant, he said, continued on his course for about 70 yards before pulling up. He then came into collision with a post, and subsequently ran off the road. The police were sent for, and when Sergeant Boulton arrived he found the defendant in such a condition through drink that he would not take a statement from him. —Mr Winefield, in evidence, stated that defendant was in such a condition through drink that he was totally unfit to be in charge of a car. — Sergeant Boulton said that when he arrived at the scene of the accident at 10.10 p.m. on December 11 defendant was undoubtedly under the influence of liquor. He would not take a statement from him then, because of his condition; hut arranged for him to come to the North Dunedin Police Station the _ following morning. He was an excitable individual, and he admitted having had liquor that day.—Richard Trevor Steelman gave evidence as to the condition of defendant’s car after the acoident. —Defendant, in evidence, said he had two medium “shandies” at 5.30 p.m. that day, and later he had two more drinks. He also admitted to having had other drinks that day.—The Magistrate said the unfortunate feature of the case was the charge of defendant’s being intoxicated. On bis own admission the defendant had several drinks that day, and he was not in a condition to drive properly. He was on the wrong side of the road, and proceeded 70 yards after the accident before his car came to a standstill. He (the magistrate) could not hut conclude that it was a case of disgraceful driving, and a man who drove in the manner which defendant had done deserved to go to gaol. It was only the fact of his position in life and the poor health of his wife that prompted he bench to impose a monetary penalty. On the charge of dangerous driving ho would be ordered to pay costs amounting to ‘is; on the charge of not having a license to drive he would be convicted, ami with regard to the charge of being intoxicated while in charge of a car he would be fined £8 and ordered to pay costs amounting to £4 Is. Further, his license would be cancelled, and he would he prohibited from driving a car for two years. FAILING TO REPORT AN ACCIDENT. Desmond Nevin was charged with while in charge of a motor car, lie failed to report an acoidonh—Defendant pleaded not guilty.—The Sub-inspector said (hat a hoy nine years of ago was riding a bicycle, and was run over by defendant. Defendant got out of bis car and attended to the boy, who was suffering from abrasions of the leg He carried the boy’s bicycle to the side of the street,—Constable Gibson gave evidence in support of the information.— Defendant, in evidence, said the reason ho did not report (he accident was because ho did not think there was an acoident to report.—The Sub-inspector asked for an adjournment to permit of the evidence of two boys who _ witnessed the accident being hoard.—This was granted—Late in the afternoon Senior Sergeant Quartermain announced that Nevin wisher! to change his plea to one of guilty.—’(his was accepted by the court, and defendant was fined 20s and ordered In pay costs. A ( IIAUCi: DISMISSED. Caroline Perth,-i Armstrong (Alexandra) vos charged (1) with driving a motor car at a speed_ dangerous to (he public, and (2) with failing to pass another cm- on (lie propel- side.-The defendant, who was deI pi rled hv MpA. C. Hanlon, pleaded not guilty.--! lie Senior Sergeant, who nrosc-' cuter! said an accident happened on January 29 last hi the Main South road, near Unversham. through defendant’s negligence. David Pickard said ho was driving down the hill at a slow speed, and mat

defendant in a car. She was travelling at a fair tpeed. Witness, fearing a collision, brought his car to a standstill, but, nevertheless, he was struck by defendant. —Lena M'Grath, a married woman, residing close to the scene of the accident, stated that she had seen defendant travelling at a fast pace and to the collision.—Constable M'Robie described the marks on the road indicating that Rickard’s car was stationary when it was struck, and to (ho defendant not having been on her right side of the road.—Mr Hanlon said the facts were that defendant had to got on her wrong side in Older to avoid an accident if possible. She was an experienced driver. It was only when she was placed in jeopardy that she swerved to the wrong side. —Defendant said she was accompanied by her three boys, aged 10, 12, and 14 years. She corroborated her counsel's statement.— Ralph Armstrong (15) and Moloir Armstrong (12) corroborated their mother’s evidence.—His Worship said he did not thing defendant was on her right side of the road, and she would bo convicted on that charge. He did not, however, think that she was driving at a dangerous speed, and that charge would be dismissed. On the second charge she would be convicted and ordered to pay costs (265). NEGLIGINT DRIVING. Albert Victor Thomson was charged with negligently driving a metor car on the Main South road.—Defendant pleaded guilty.—The Sub-inspector said that when passing M’Donald and Miller's corner at Green Island, defendant, who was driving a motor car, met a horse and gig driven by a man named Donaldson, and the result was that, in order to avoid a collision, he had to run into a fence. It was not alleged that defendant was travelling at a dangerous speed. Ho could not have been going at more than 15 or 20 miles an hour.— Donaldson gave evidence in support of this statement. —The Magistrate said there was evidently carelessness on the part of Thomson. Ho would be fined 40s, and ordered to pay costs (£1 16s), UNLICENSED WIRELESS SETS. Reginald Day Austin an<J George Wright Weaver Palmer were charged with establishing a wireless plant, without first having obtained a permit.—Defendants pleaded guilty.—Chief Detective Cameron said Austin was a salesman, and was desirous of soiling a wireless set to Palmer, and promised to give a demonstration. The set was found to be unsatisfactory, and he decided to try another set. This sot also was unsatisfactory, and was left at Palmer’s residence for a period of three months. No license had been granted before the set was erected. —Mr Mason, representing the Telegraph Department, said the broadcasting services wore costing the department a good deal, and a fee of 30s was charged each user of a wireless get. The law required that a license be taken oui before these wireless sets were erected. Users did not appear to be aware that a license had to be issued before the set was erected. A dealer’s portable license was also issued which permitted instruments to be put in, but this did not allow sets to be left at clients’ premises.—The Chief Detective said it did not appear to be generally known that a license must be first obtained before a set could be erected.— The Magistrate said it appeared that there was some ignorance as to the law on the point, but these cases would probably draw pointed attention to the Telegraph Department’s requirements. Austin, as a dealer, should have known what was required of him. He would be fined 20s, and ordered to pay costs. The case against Palmer would be dismissed. Mr Bundle added that in future cases a penalty would bo imposed in all proved cases. Henry Lionel Homer, who was similarly charged, pleaded guilty.—The Chief Detective said the defendant, who was 16 years of age, had saved his pennies to buy a wireless set, and was of a mechanical turn of nund, The boy was to be commended for giving attention to wireless matters, and thus keeping off the streets at night. He asked that a light penalty be imposed. —The charge was dismissed. Henry George Dunbar Murray, similarly charged, pleaded guilty.—The Chief Detective said the defendant had two boys 12 and 15 years of age, and had received a Christmas present of a wireless set, and he had regarded it more as a toy for the boys, and did not think it necessary to take _ out a license.—The court decided to dismiss the charge subject to the payment of costs (10s). A similar charge was laid against John Richardson, and was adjourned for a week to suit the convenience of his counsel, (Mr B S. Irwin.) David Munro Wikley, similarly charged, pleaded guilty.—The Chief Detective said the set was given to defendant’s boys, and he regarded it more as a toy than anything else. The set had now been dismantled.— Charge dismissed, subject to payment of costs (10s). Henry Albert White was similarly charged and pleaded guilty.—The Chief Detective said the circumstances were similar to those in the other cases. —Mr Hanlon, who appeared for accused, said defendant had a set installed at his residence, but was so troubled with “howlers” that he dismantled it and at once informed the department. An officer was sent round and found the set dismantled and the batteries run down; but notwithstanding this he received a summons.—The charge was dismissed.