SOUTH OTAGO.

Otago Daily Times, Issue 20962, 27 February 1930, Page 16

SOUTH OTAGO.

BAICLUTHA DISTRICT NEWS.

(From Our Own Correspondent.) BALCLUTHA, February 26. CHARGES AGAINST BUS DRIVER

At the Magistrate’s Court .to-day, before Mr H. J. Dixon, S.M., William O’Fee, bus driver, wae charged with on or about December 23 using a wooden shed at the back of the Clutha Motors, Ltd., as a place of resort for the consumption of liquor. O’Fee was charged further with on November 1 driving a motor vehicle across the railway crossing at Lovell’s Flat without keeping a vigilant lookout to ascertain if the line was clear. Sergeant Armstrong appeared to prosecute, and Mr C. J. L, White (instructed by Messrs Stewart and Kelly) appeared for the defendant. Both charges were heard together, although not in any way > related. In regard to the liquor charge Sergeant Armstrong said this was an outcome of the previous trial, in which defendant had been acquitted on a charge of keeping liquor illegally for sale in a no-license district. Defendant had rented the premises at 2e 6d a week, his tenancy commencing about December 18, and he had kept up the dispensing of liquor there for a number of days,—-Air White said the case had been gone into at great length last court day, and the magistrate had been satisfied that the liquor (beer) had merely been kept in the shed by defendant for the purpose of Christmas “ shout ” for his friends and customers. He had given them the liquor in place of a present of another kind. Defendant was unaware that he was committing a ‘breach of the law, and a nominal penalty, counsel submitted, would meet the case, especially as defendant had been put to great expense in defending the previous charge. Ip regard to the charge of failing to keep ■ a vigilant lookout at Lovell’s Flat crossing. Sergeant Armstrong said the charge wae laid under the railway regulations, and the witnesses’ evidence was to the effect that the defendant when he saw the approaching train had accelerated, and had driven across in front of the train, just missing it by a few inches. Had the driver of the train not applied the emergency brakes a serious accident would have occurred, as defendant wae driving a large car loaded with eight passengers. The evidence of the driver and stoker was corroborated by that of a surfaceman and a woman onlooker. Defendant had a clear view of the line, and there was no excuse for his action.

Mr. White said his client pleaded guilty to this charge, and, to the liquor charge. In extenuation he would say that the train had come .at an unusual hour, and further defendant’s watch was 20 minutes slow. W^ en he saw the train cpproaching he did accelerate and passed ahead by a good many yards. Defendant had been driving for a long time, and had never had a smash or accident, which showed that he was a careful driver. The crossing referred to was one where the department intended building an overhead bridge, and at the time ot the offence there was a high hedge there, which had since been cut down.—His Worship said the fact that defendant was licensed fo carry passengers should make him more careful than an ordinary motorist. The fact that the train was unexpected was no excuse, for it was through unexpected trains that accidents occurred at crossings. He would be convicted and fined £3 and costs (19s). In regard to the breach of the Licensing Act defendant was liable to a penalty of £2O for each day the place was kept open. As in this case it went on for a fortnight that wouldmean, a fine of £2BO, which was out of the question in this case. Defendant probably did not know the law, and there had not been a ease of this kind in the district for some years'." It was a case, however, for more than a nominal fine, and defendant would be fined £5, without costs.

“DONNYBROOK” AT DANCE

James Chur ton, of Kaka Point, labourer, was charged (1) with using indecent language in a public place (Glenomaru Hall) on January 3 during the progress of a public dance; (2) disorderly behaviour on the same occasion; and (3) failing to pay the. admission fee to the dance.—Mr C. J. L. White appeared for defendant, who pleaded guilty to all three charges.—Sergeant Armstrong said defendant had gone to the dance with a companion, and they had with them about 20 bottles of honey beer. Defendant’s wife was with him, and he had objected to anyone dancing with her, and, becoming excited, had stripped to the waist and offered to fight all hands. The language complained of was used in the hall and outside also.—Mr White said defendant went to the dance with his wife, and the affair degenerated into a regular' Donnybrook.” In place of one defendant there should have been 20, Defendant was really, on his honeymoon. His Worship; The combination of honeymoon and honey beer is not good, then.— (Laughter.) Mr White, proceeding, said his client clamed that he had been assaulted at the dance, bis clothing damaged, and he had been thrown outside, and even the headlights of his car had been taken. So far as not paying the entrance fee, the money was taken at the §nd and not at the beginning, and defendant thought, considering the damage he had suffered, that he had paid enough. Sergeant Armstrong; It is not'the first dance he has disturbed.

In answer to his Worship, counsel said defendant had been married for only four months.

His Worship said that persons like defendant sometimes appeared at country dances and were a nuisance to everyone present. Usually the place was at a distance from police protection, and the people present had to put up with it. But such persons could not expect leniency when they came before the court. The question he had to consider was whether to send defendant to gaol without the option of a fine. In that case, however, the punishment would probably fall hardest on the wife. On the first charge he would be convicted and fined £2O, payable at the rate of £1 a week.- On the other two charges he would be convicted and ordered to pay costs (12s and 10s respectively).

CHARGES AGAINST STOCK BUYER Thomas Alexander Milne, stock buyer Balclutha, was charged, with, on November 23, 1929, being drunk in charge of a motor car; and (2) negligently driving a motor car along a public place, to wit the corner of Yarmouth and Clutba streets, North Balclutha, Sergeant Arm* strong prosecuted, and Mr C. J. L White (instructed by Messrs Stewart and Kelly) appeared for the defendant.—Sergeant Armstrong said the case arose out of an accident to James Thomson on December * ine latter, ‘when driving a horse van,, had been run into bv defendant and knocked out on to the road, suffering severe injuries.— James Thomson, carrier, in evidence, said he had been driving horses in Balclutha for 45 years. On the date in question he was driving a two-wheeled van with one horse along Yarmouth street, when he saw a motor car driven by defendant coming up the lull at a great speed. At this stage after an adjournment, the prosecuting sergeant said he would withdraw the charge-of intoxication in charge of a car, and defendant’s counsel had agreed to plead guilty to negligent driving.

Mr White said defendant was a fat lamb buyer and had to travel lon-' distances by oar. On the date in "question he had a man with him who was under the influence of drink, and they "T.'j? coins to kill some lambs at Mr Willocks place. It ™ rainin K and through fiddling with the wind-screen and looking after the man with him, he got on the wrong side of the road. With regard to the other charge which the police had withdrawn, counsel had several reputable witnesses who would swear that defendant was.sober. Defendant's living depended on his driving a ear, and it was the first time he had had an accident. His Worship.; Has he had damages to ln I<,T.n']ectlon 1 < ,T. n '] ectlo n with the accident? Air White: The insurance company will pay the major portion, although clefondant may have to pay a small portion. Sergeant Armstrong said defendant boi-G a good reputation in the district. that seeing the police had withdrawn the charge of intoxication while in charge of a car, the defendant would be fined £5, with costs (19s) witnesses expenses (£2 6s lOd), the conviction to he endorsed on his license. OTHER CASES.

A best oflender (who did not appear), charged with being found drunk, was com victod and fined 10s, with costs (17s). Harold Tibbetts (Alexandra), charged i m ° tor car <« the wrong side of the was ordered trv mv costs (10s); Cecil Maker Charged w P i?S driving a motor lorry without number Plates, was fined 2s 6d without costs;

Wesley Stephens, driving a motor truck without sufficient lights after dark, defended his own case, and was convicted and discharged; Victor Stephens, driving a motor lorry without a license, was fined 20s with costs (10s); C. M'Kenzie, riding a motor cycle without a rear light, was fined 5s , with costs (10s). Charges against Alexander Kennedy and Allan Campbell of riding motor cycles without sound mufflers, were dismissed after the magistrate had examined the machines and found them to be equipped with the standard silencers. CIVIL LIST. Judgment for plaintiffs by default wasgiven in the following case:—John H. Stevenson, Ltd. (Mr Wai 4 —' v. R. G. '•Wight, c’aim £47 ss. on which £2O had been paid, with costs (£4 6s 6d).