SEQUEL TO ACCIDENT.

Poverty Bay Herald, Volume XLIV, Issue 14283, 27 April 1917, Page 2

SEQUEL TO ACCIDENT.

As a sequel to an accident waicfe; occurred on the main road at Manutuke on th 6 evening of the 16th inst a, half' 1 casto named Thomas Denms 1 was chargr 1 . Ed at the Police Court, before Mr Wl A. Barton, S.M., thus morning, wifcfcr being drunk while m charge of a horse i and, trap, and. -with driving without lights. Charles Wes^rup ' was also j charged with drunkenness on the samel occasion.^fr Burnard appeared for the ', accused, Avho pleaded not guilty.— TKb case against vVe^trup was taken, fii'st."' ' ■ Jamos.Haskins,, daily tiike, stated : that on iha I6Qi r iixßt he left homo .about 6.45 p.m. to* drive to Gisborne wit* his wif c and cltfld. -■ Bo had two lights on the ■. gfo. > Tha child was sick, and they were bringing it ifi fo see a doctor. Just as thW.w«r« aD-m-oaching the big , bridge near,' the Bridge hotel, fchteir, horse sh&d afc/'i buggy driven by a Alaofj, 'aHd comifrg trom the opposite directiofr. Th& Maoris bugey was on the centre of tiro road, and there Were no lights on' jyu Tlie reflection of witness';, lights shining: pn the Maori's harness caused '.the ho'rfS to shy. ' It turned • sharply on to ITie tram rails, and broke the shaft of tlie 0:c, and then bolted toyriu'ds-' home. After a. big struggle; witness managed to -pull o up aftei-. gmhg a^uarfer of -a, mile. Witness' wife then got 1 oufc of the gig, or f^lloot, and- witness jrot pjit 4nd unharnessed the, horse., „ While lie was' doing this the, M^ris passed. Witness asked for assistance, but \fJ6y ffio! not stop. Dennis was •Myirig'. Kna Westrup was>in 'the hu"ggy> v .^ IWitncga could not say then wheth^ 1 ' Westrup was ■d*unk. A motor car alonp(the car that brought the ' members ■of the Medical Board from. Wairoa), and 1 , at. wltrtess's -request jth. 1 © occopantff brought Mrs Haskins: and tb^ child on to Grsbprne. Witness then got on his horse amd went after the Maoris, and eventually found Dennis at hom^; aflout of a mil<i from Daulton'fc. H«. aske^ .^erinis if he had been to town, and he said he had; that he haid just: got v back.. Witness tojld hitn t3ia;t on-.account. of his having "no" lflghte^'an. ecdident had happened. Westrup was not" there. '"'' •< . ■■■ •."■••

iiS?- r .Biirnard ':,, asked afr L)aulton s .^srtore; Who was "driving ■: the tay. He knew Dennis <( b> sight.. H« 44 not know Westrup; and oould not: say; if h% was 4n the buggy/. 'Wftness* Weft m following up the mep'.wasv: to make a case of it. "I considered I - was Wg; » .public service," added withess." '. Mr Burnard: And to^ satisfy" a 't>rii yate crudge?^-Yes, tq, ; «>me extent.: ;, And, you got the police to- -bring" this ' case, go that you could afterwards kwiijg an act Con . for damages ;£— No;- ' > Constable Malbney s^trd he saw Westrup'on the 18th, and told him h« was informed he Was inna. buygy with another Maori named Dennis, which had paused' ah accident. Westrup replied m an evasive mariner^ "OH, I . don't know." IfetiJyilihg. to further qu«itiorts Westrup said Dennis was driving the bu fifgy-, ,Wii|ies^ jjjojjd him it was also reported they I>otli -dfuhk,' . s&d. asked him if he was so drunk that he did not remember the accident, /fie said, "Oh, I^was not very drunk; you summons Derimis, h^; owns t*h« buggy." He also admitted driving on the road that evening, but, said he thought they got home about 6 o'clock. Dennis and Westrup were great friends an<J often drove together. They . were fond, of liquor. .'.'.. Tfjif] Mr Burnai'd: But it is quite a ,opmmon taste m the community ; is it not? — I could not say that. , f ' ' But you know, don't yoxi? . Tho Maoris are fond of it. ' ■ ,

;And fondness of; liquor is no evidence of drunkenness?— l don't suppose an. ■■•'•".' v•? ■■■■■-, : . ■■■ .

Constable Butterworm ■ said /i.'iie served the summons on Westrup, "who aslped what it -was for. Witness «aid it, vivas for drunkenness on the 16th. Wesitup said, "Oh, that's aillitight," and walked away. >

Mr Burnard: That might have meant a great deal*. . " ' " ] ' : " A day or two later Witness saw Westnip, and said if lie let then* knpw how he was going to plead it might save\the expense of witnesses. Westrup said Dennis had handed the summons over to'a SQlioitor.

Mr BurnarH submitted , there waa clearly no caste to] answer. ';*■ -'. : ; ' His Worship saidlfiere was' no evidence to support, the charge, md the information wa&' : dismissed. ■; ••

; The case, against Dennis, , -wasv then taken. \He pleaded not guilty.'. It j was agreed to adnut the evidence given m the previous case. .. „, ■ ; James Bfeskins added that When "'ho saw Dennis at his house at. about 7.15 he wa3 muddling, drunk. -:'.. To Mr Biirnard ': ■' Dennis, could; not speak "properly. , .-...,,,• ,' Mr Burnard : You probably 1 " gave" him a staggerer when' you told him -he caused the a^cid?lnt?-T-P'roWbly ,1 did. (Laughter.)' ' ' '' f: '. . Witness said there was a fiW outside the house; ■> : ... ■

Mr Bupnafd^: He knew enoughTiib't to aidmit that /he; caused: th^ — He probably >vas getting "cimniilg. Did you smell. Jiquor oh him?— Yes. He was ablevtQ.wa!lk out and see you? — Yes.y . '■-; '■..'-:•■■ :■■;>■; . He was n'ofc ©tagging — I .-'did nOt see. it was dark. ' ,v '..■■'

Then, 'the reason .you $ajr ; ;; ..-he'' was drunk 1 was, because his conversation did hot saffi&fy you?— Yc'sVaftd his" actions afterwards. •■■ • . •''■'■•■■'■,*.

;i To his Worship : Witness, could not say whait condition accused 'vraaip wKen witness saw'hiijniinitJKj-.hugg^ *' N : Mr Burnard submitted, "it was quite clear the information must be .dismiss- . cd.- ■• A ...,.; ..,..__, .; • ."■■;■ ' . His Worship sajd there" was no 'evitfence that accused yug drunk m a publx • place, and the information was dismissed. . , • , ,■- --.Regarding 'the,. charge a£ai&t\j)enifiis of drmng f witjiout KgTits, >a 'plea >of ndt guftlte. waiafeniiered. The eyideiijie gryien ■m. the p^o**? .ck% 1 " Jamtes. • Haskjns, iq .reply • to-~Mr ; Bin 4nardj. said, hs; first, saw : W^ggy'.coniing .when!, a c^ain aw A jt P tf«; cQwld'iioi say if defendant, was. drivJiig ytheft "VU w fs not ahgfy that ■- flMJhed^^ fnrfsened' Us horse. He. wa4" positive: there' was. no light on the buggy I.—to"Senior1 .— to"SeniorSergt. MurruyYWheh witness "asked the* Maoris to stop he could sea ,agairi there were no liehts.— To Mr BifrnaSd :' 3le could see the .; driver •jyas- Ipenrii1 penriis )l and too made enquiries at TJauHJdn'* store to make sure. It. was not until, Jie,: was told the name, that h,e kijew whbMo ? -;ttianwas. Pressed on the pomE, wtness feai'd he did, not see -defendant's .face, and it was not'flntil ■he^w'-"HyjflHdl|p;fi«-' light that hb a-ecogmsed t)Bunis t ; , Mrs Haskins also gave evidence tljat 'there were no lights on J.the MaoKa' buggy. . . ., t ' 'v,,, *'■■ S&.-.Bqrnard;<Buj&n^iite.d 'there wa«. no case to answer.— His Workhlp 4aidi •was something to auswjei,*, -,^ t ,- ".Lj -\ Mr Bul-nardT said they did not dispute that. Mr Haskijis/tmight/ have, ,mei' : a. bu gsyvbut-i there ,\?as nothing to shew it wa s ,Deni^ frvigm.- '''X:,f'^?& His W.or-Bbjpf,§ajd~he would g^ ? Tiis' . ruhng at 2 p.m. as to whether . HxWe was, a, xiase to '^ns\yier; ■' - w ■■"4 :\4it' : At >2 p:m,.^[iis WorsTiip. 1 iniirtft.^ t<lj|t he had looked" thi'ouajn ■ I the r "evfdelicfi. Hftskjn at, the" time .. did/iidi^ioeflfiKfyl^e Maoris. • His Worship' reftiai'kJßd.^it: wu a veiy 'coTniiio'W practice ..v-for 'popple '^lp dri \r& tttitliottt - lights. . •>•; :OiiJy;/ is«i}ntly jjjaa pass'sd eleven" 'yehicje&j, (And enly^wo baa, lightfi^and .', tIMIV orfly 1 oiie t ;%h,t,.f , } T^. pblice ivere' quite r%ht ■•> iv . Dripgio^^t^e oases; he only. regretted therei ..>v»»^gi^ m<M^;: evidence $p ;,Buppoxt • ttie, cbaa % ae. Hov?ever; s :th,e witjence Svas nisuffici|ufc to roam-ant. b,i convictf^-aiidl, thejinftitmatioh was dismissed. -., ->V £"':, "£,•''*??" Mr Burnoi'd aip^lied f 9 jr^ ex-pelisfe ;f<a« \ his M'itnessws,— His Worship would not alloirlho" expertises. *-!'>■, -\