CHARGE DISMISSED

Southland Times, Issue 19899, 18 June 1926, Page 8

CHARGE DISMISSED

INTERPRETATION OF BY-LAW. DEFENCE SUCCEEDS. (Per United Press Association.) Auckland, June 16. A defence based on the interpretation of a by-law succeeded in the Police Court this morning, when Robert Cairns (Mr Goldstine) was charged that being the driver of an omnibus, to wit a taxi-cab, he did knowingly carry .a person who was misconducting himself. A constable stated that on the evening of April 3 defendant came to him and complained that a passenger had refused to pay his fare. Witness went to defendant’s car and saw in it a drunken woman partially disrobed. Cairns said that two men, one of whom was the passenger complained of, were fighting on King’s wharf, but when witness arrived there they had disappeared. Mr Goldstine told Mr J. W. Poynton, S.M., that the defence was a two-fold one, one a question of law and the other on facts. He contended in support of the first that the by-law regarding omnibuses did not apply to taxis. A taxi was not an omnibus under the by-law. The Magistrate said he would look into it and asked that the case as regards facts should proceed. Mr Goldstine said that defendant did not know what was going on in the back of his car, but as soon as he became aware of anything being wrong he went for the police. The Senior Sergeant: His object was to get his fare. Mr Goldstine remarked that if defendant was condoning an offence the police would be the last people he would call to the scene. Cairns, in his evidence, said that he was a piano-maker by occupation. He held a taxi-driver’s license and some times relieved a friend who owned the car. On the evening in question he was on the Quay street stand .and was approached by a man who seemed a bit drunk, but was able to walk. This man got into the back of the car and asked to be driven to King’s wharf. There the woman was picked up and another man approached and asked witness if he could ride in the front with him .as he wanted to see the w/>man was taken home safely. After she was put into the car witness noticed that the woman had been drinking. He was told to drive to Hobson street and then to Victoria Quadrant. Later the man in the back said that the woman did not know where she lived and told the driver to go to Victoria Park. He drove there and stopped. He was then asked the fare to Mount Eden and was told to go to Lamer Place. By the time he had reached Grafton Bridge he heard struggling in the back of the car and so drove back to the wharf. The man in the back refused to pay his fare, but the one in front said he had to. A fight followed, and while it was being waged witness went for the police. When he got back with a constable the men had gone. He then drove the woman and the constable to the police station. At the end of a cross-examination by the Senior Sergeant the Magistrate said he was satisfied that the by-law regarding omnibuses did not apply to taxi-cabs and the charge was dismissed.