EXCESSIVE SPEED.

Poverty Bay Herald, Volume XLIII, Issue 14160, 30 November 1916, Page 9

EXCESSIVE SPEED.

In. Ihe,cas9sagain«b;Wnv /t-'assidy, charged at JtUe,^ r pJlice v ",^ afternoon witWdi^vhig 1 a mOtipr car '^at an- exce^^e"''s^eM,^'EndVwl't^'i»il?ng;:': to sound ■;the.-hor^,.;.v i Mr>^ei-.f l oiv;!tjßiei-'.de-, fence .sa'-ld'"-^!^'..'^^.^---''^.''^^^^^'!!' was not a requirement .but a^'prohibitioh, "No motor .'sliail -'be Idriveii." ; etc! Ailother .sectiou .i,said t tthdr owners lof . any motor !',w.hj>.- :.Hi^jnot/.'o'bs^fyei the .re-. i^tiirem^fa'r6f'-.tH.is'rby*lawv.^etc^'..- •

'His ' Worship said v it --was.- ;i/etter to, proceed agiairtat'. the% , persoji ; who ■ comniiis tho offence tJiah^iheVowiier, J. Jw-h/a-ps the owner- might Be- at' Rotoi'ua and know' noithing about it-. The point raised would not give him any concern at; all. He was satisfied; defendant vfras tha proper persori cliarged. ■ /"■ ','• Mr Hei contended the ; re was no evidence of any publicatioli of the by-law concerning motor cars m anewspa'per cireulabing m Mangapapa. His Worship: 1 mast take, the by-law as I find it. Xtis a. waste of time going into points like* this. In reply tip. his Worship,' Mr Hei said he coilld not show the. by-laws had not been published. Mr Hei further contended i& was not necessary for. defendant- to sound the horn.. .The i by-law, said tho honi, must be sounded when overtaking .and passing other- vehicles, whereas m the case hi question the vehicles were mesting. .^The defendant, whose name turned out to be Wm ; . Max Cassidy, of Te Kanaka, stated he 'was' 18 years of ag3. He was- coming to itovm with five passengers. He sounded tho horn just -before ...turning -the bend above the school, and again when about 20 yards' from the school. The horn was worked by an .electric -button. He was travelling -at .from 10 „'o 12 miles, an hour. He had' seen -n- notice; limiting the speed to 15 miles an, hour. . '

His, Worship : Oh, yes, these are seen alright, but I'm afraid not much notice ■m taken of them.

Witness said ho was .travelling at 15 miles, but .reduced the speed .before turning th^ibenijL The. bu» was standing an. tho crown, of the road, a.nd> witness only had : seven or eight feet m which to pass. This necessitated ■ his travelling, slowly. Ititook him 50". yards m which to stop after Astnking the boy, because he was frightsned a|S. : his foot tame off ithe. brake. yOtlierwise he could hayo stepped » in , two' or three. „ yards. ■Witness'-' -had bsen>driving -a- motor car for about ten monitha. t- ; «..-.■

To Senior-Sergeant". Miu*ray ':•' Witness , left Te" Kai-aka-. about 7,20 or 7.30 a.m. | and Reached. '. 'the. T'.'Majigapapa school j aboil* 8.20. .He did not stop oi\ the way. He could .not say-that he looked, at the speedometer • chmng the journey. He was only going at 10 miles an hour j when the boy Poster passed hinn He was travelling' slow \ because "of the bumpy 1 ; road. ■ '' .;■••- : ;' „' '■. '. ■• . •

Bi'own, of Puh^,' farmer,. w.ho. was ?.. jjasevpnger . inV';(Jd.f ertdan^'a, car, gave it as his opinion that .the', oar was only travelling- six miles an hour when it struck thft boy. When they turned the .bend the- car was going- iO or 12 miles. an hour. Witness did 1 nat like fast driving. When approaching- the bus witness told defendant to "fttop, look out for the'^Jdddies," -who were all round the bus. Defendant did not. pull up. He sounded the horn, -as soon as.| they saw the M\xs,. and * 'again when 10! or 12 yards ..off.— Xo Senior-Sergeant Hutton": Witrless ','ofien travelled m defendant's car.- Al times they travelled fast, but defendant did not like it. On; the rnorwingijn questiou witness had to ask t defendant, n6ar"Kaitaiiatal}i, to go steady. V J ■• k :, Tuteari Kiagi, Te Karaika, . laborei', another of ithe .p^assengers, gave similar evidence, his 'estimate of the speed lieing 10 miles „,an lioiir,. Under crossexamination witness said the car ti'avelled about 20 miles an houx,hnore or less, from Te Karaka to Matokitok'i. His Woi-ship said lie' was satisfied frorai ..the ©videace for. the , -proseoution that defendant, was gravelling oven 1 15 miles an hour. "I my ssay further," a<Med his Worslrip, "that he may consider himself very' luckjr. that lje is not before the . court oh a/ moi ? e., serioas ofTence.?'. His, Worship :-wtis equally satisfied ithat the horn was not souiuled. Defendant was fined, .altogether,. -^ and costs £2 ■ 19s. ' ' ; ; - "I am to stop this .fast driving if I can," .'observed' his "Worship. .