MOTOR CARS.

Poverty Bay Herald, Volume XXXI, Issue 10138, 26 August 1904, Page 2

MOTOR CARS.

DRIVING AT MORE THAN REASONABLE PACE. MOTORIST CONVICTED. • Philip Thornton Kenway was charged at tlie Police Court this morning with on August 19 being a person m charge of a motor car travelling along Gladstone road at a greater pace than was reasonable, contrary to the Borough by-laws. Mr Nolan appeared for Mr Kenway, who pleaded not guilty. Sergeant Siddells said that the question to be decided, by His Worship was "what was a reasonable pace?" He submitted tliat His Worship would, m deciding the case, take into consideration the surrounding circumstances. What might be a reasonable pace m the country might not be reasonable m a thickly populated area. A pace of 20 miles an. hour on the Waimata road might be permitted, but it might not be allowed m Gisborne. He called Mr. R. D. B. Robinson, town clerk, j who said that about 4.30 on Friday last he was m Gladstone rondl, crossing Peel street. He saw defendant driving up Gladstone road, and turn down Peel street. He was going at a pretty hard pace, and lie thought it safe to judge it at 15 miles an hour. Defendant ma tie no attempt to slow down as he turned the corner. By Mr Nolan : Witness had ho means of testing, but he thought that the puce was 15 miles an hour. A buggy would not be allowed to travel at a fast pace, and he- would 1 not admit that a motor, car could travel with safety faster than such a vehicle. He did not know much about motor cars, but he- liad had a ride m one. The pace defendant was going at was a dangerous one. He did not know if a car madie more noise when going slow than when travelling fast. He did not know if it was safer <to handle a fast moving car than a slow one. Witness could not actually swear that defendant was even going at 10 miles an hour, but m his opinion he was going over 15 miles. . I Henry Henzlcr, butcher, stated that lie saw defendant pass round the corner, at, m his opinion about- 12 to 14 miles an hour. A number of people stopped to look. His Worship: That is nothing unusual, they are such unnatural things. By Mr Nolan : Witness slid the pace was only judged from what he saw. Sergeant Siddells stated that- he saw defendant turn the corner and travel down Peel street. He was going at a very fast pace, and it did not take him very many seconds to get from Gladstone road to the bridge, a distance of about 250 yards. During the lime witness walked a ekiin, defendant travelled from the corner to tho bridge. By Mr Nolan : In his judgment it was over 12. miles an hour; and he judged it at that pace from the pace he was going and the distance he went. He considered himself a good' judge of pace. He had kid a fair amount to do with horses, and he thought he 'ought- to know when a horse was trotting at 12 miles an hour. He admitted' that he had not absolute proof of the pace beyond' his judgment. This- concluded the (vise for the prosecution. Mr Nolan, m addressing His Worship said that there was no question tliat motor cars had come to stop. His Worship : This one has come to goContinuing, Mr Nolan maintained that His Worship was asked to decide a very unfair question, andl to fix what a reasonable rate of speed really was. The Borough Council authorities kid' not seen fit to set down a regulation sped. In this town motor cars were rare; m fact, there were now only two here, and the only means of finding out wkit a reasonable speed was, was to see what is the practice elsewhere. These, cars could not bo compared to horses. Motor cars were very largely used at Home, and m the larger towns of the colony, and the practice allowed there would help His Wor.ship to decide, what was a reasonable speed here. He would call evidence to show that m Auckland the cars travel faster titan the Irani' cars, which are under a. regulated speed of 15 miles an hour. In England' even a faster speed was allowable under the Act, which permitted a. speed) of 20 miles. Considerably higher than that which defendant attained. Nor could a person be convicted on the judgment of the pace at which the car was travelling. Counsel contended that motor cars appeared to travel faster than they really did, owing to the faster revolution of the wlieels. 'Hie towns of England are much more thickly populated than here. There was, to Ids knowledge, only one- other case m New Zealand, and the evidence showed the car was going at 10 miles an hour ; which Mas held not to be unreasonable. The English Act, which was as recent as last year, under section 9 of section 4 of the principle Act, regulated the- speed to .uot exceed 20 miles bub m certain specified parts the local authorities could apply to have certain areas limited to 10 miles an hour. The streets were more thickly populated arid much narrower and yet the}' were allowed to travel 20 riiiles an liour. A motor car travelling' at 40 miles an hour could be slowed to four miles an hour m half the length of the Court room. Mr Nolan contended' that the Borough .Council should fix a rate and determine what a reasonable pace was. sO as to form a guide. He would call Mr Kenway, the defendant, who had had, much experience driving cars at Home,' and, who would state that from enquiries iiffiade that none of tlie local bodies had 1 applied for, areas to be reduced to the 10 mile limit. '~ fie would also state that the faster a car was travelling the safer it" was to handle. Counsel suggested that His Worship and the Sergeant should have a trial ride m the car and see for themselves. His Worship said h<? would decline the invitation. ""- ' Mr Nolan said it was really not a ease of guilty or not guilty, so much as the determining of the rale of speed; He urged His Worship to look very carefully into the matter and be guided by the practice elsewhere. It must be admitted that there was 'something wanting m tho evidence called. None of the witnesses had any experience with 'motor cars, and the defendant had had more experience with them tlian- any person m the district. P. T. Kenway, defendant, admitted that he was driving' "m town on the date m question. He dM not remember what rate he was going at that time, but his practice was to travel on the main road, going straight without' anything on the road, up to 15 miles an hour, though very rarely. The speedi entirely depended upon the amount of traffic about. At tihies he considered it was safe enough to go at 25 miles down Gladstone road. He had also had considerable experience at driving horses and he explained that there was no comparison between them for safety and liandling with a team travelling at six miles an hour, one ran more risk than going. 15 miles with a car, as with the latter one could see clear ahead', and could turn it to al hair's breadth, and it was perfectly un- 1 der control when- travelling at 15 milts an. hour. ,He could haul up m double the length of the car. Horses and motor cars were so absolutely on v different footing. He learned to drive a car first m the exceedingly crowded streets, of Birmingham, had motored all through the Southern Counties," and kid never run over, or nearly run. over anybody. The.' ordinary pace at Home was m the country to go as fast as the car possibly could, but sometimes motorists were hauled up. They certainly sometimes travelled at 40 miles an hour. In* the towns one was allowed to go up to 20 niiles an hour, and they were so very different to this place. They'would;,certainly not hesitate to go down a broad street like Gladstone road at that pace. Herbert William Williams stated .hehad riden m motor cars m Auckland. He described how a motor car he was i'inl overtook the tram cars going down from i Parnell to Auckland. He' had to hold lus hat on owing to the rate of speed. The best travelling he had done behind a horse was about 13 miles an houn and the motor car went 50 per cent, faster. Other motor cars were going, at the same pace. There was not the same danger liandling motor cars as with horses. Mr Kenway had entered Jiis gate going at the rate of eight miles, an hour, and had traversed the garden walk, and pulled up m front of the door with ease. A. F. Kennedy stated that he had been m Mr Kenway's tar, and going at 15 mules an hour, Mr Kenway was able. to pull the car up. at a moment's notice m tlie car's own length. . Mr Kenway suggested tliat his Worship should have a run round m his ear, so that he could have prubf ' of the ease with which the car could be controlled and pulled up. His Worship replied that- he could hardly avail himself of the offer. In giving judgment lw said defendant ' was charged with .permitting his motor car. to travel along the. street at ii greater rate of speed than was reasonable. ; In his Worship's opiuion what would be a reasonable rale of speed m one ; part of the borough would be unreasonable m another. In deciding what is a reasonable rate of speed it is necessary to consider the locality m which the motor was being driven. In his opinion, m the locality m which defendant was travelling, any rate of speed beyond 10 miles an liour would be unreasonable, and dangerous. "It is clear to my mind'," continued his Worship, ''that the defendant was travelling at a greater rate of"speed than was reasonable, but as this is the first prosecution under the Act, I Ihbik a small penalty will meet the case. The maximum penalty is £10, and I think a fine of 5s will meet the case. Defendant will be convicted and fined ss, costs 9s, witnesses' expenses 55." A further charge 'against defendunt of driving round a corner m Gladstone road at other than a. walking pace, was withdrawn on the application of tho police. In reply to the Bench,. Mr Nolau said he had no objection to the withdrawal, but he could not see how a motor ear could "walk" round a corner. His Worship smilingly remarked that he was prepared to argue the point with Mr Nolan, 'but counsel was not desirous

of contesting the matter, and' pointed out that his Worship hadl made up his mind and he was also the person with whom decision Avould rest.