BLUFF NEWS

Southland Times, Issue 24437, 17 May 1941, Page 4

BLUFF NEWS

MAGISTRATE’S COURT

(Before Mr R. C. Abernethy, S.M.)

John Bernard Brand, of Kennington, was fined 5/-, costs 10/-, for having no warrant of fitness for his motor-cycle.

Edward Patrick Ward, licensee of the Eagle Hotel, Bluff, was fined £2/10/-, costs 10/-, for failing to notify the clerk of the court about liquor sent to a no-licence area.

I For driving a motor-car over the railway crossing to the Shaw Savill shed when a train was approaching, Coleman McDonough (Ocean Beach) was fined 10/-, costs 10/-. Henry Peter Karetai (Bluff) was fined 5/-, costs 10/-, for breaking a telegraph insulator. Norman Cyril Heywood, for a breach of his prohibition order, was fined £l, costs 10/-. On three similar charges, Robert Douglas Hanning was fined £l, costs £l/10/-, and on two similar charges Maurice David Kelly was fined £l, costs 10/-, on the first charge and 10/-, costs 10/-, on the other. Charged with lighting a fire on a scenic reserve at Stewart Island, Lloyd Frederick Young (Stewart Island) was fined £l, costs 10/-. Sergeant J. Coutts explained that the defendent had lost his companions while deer stalking and had lit a fire to indicate his position. CHARGES AGAINST MOTORIST John Munro Birss, of Otautau, tractor driver was charged with being intoxicated in charge of a motor-car at Bluff on May 10. Sergeant J. Coutts appeared for the police, and the defendant, who pleaded not guilty, was represented by Mr Eustace Russell. Arthur Emanuel Wixon (Bluff), waterside worker, stated that he was proceeding home on Saturday afternoon when he saw a ca'r coming around the bend from the Ocean Beach road. His attention was drawn by the speed of the car, which was “flat out.” It appeared to be out of control, going around the bend on two wheels. He watched the car disappear over the rise at the intersection of Gore and Blackwater streets and intended to follow as he anticipated that there would be trouble. He heard of an accident and proceeded to the scene, where the car was lying upside down about three or four chains from where he had last seen it. The time was 3.50 p.m.

Dr A. R. Ross said he was called to the police station to examine the defendant at 4.40 p.m.. His breath smelt fairly strongly of alcohol. He admitted having three beers, one at Wallacetown and two in the car. His eyes and tongua were normal and his co-ordination quite good. His memory was normal except that he was one hour out in estimating the time. He did not stagger when walking or turning sharply. His speech was slightly slurred and the witness concluded he had taken a certain amount of alcohol, but he could not state at the time of the examination that he was unfit to drive a car.

Evidence was also given by Sergeant J. Irwin, of Invercargill, Constables B. S. Parker and G. H. Bilbrough.

Mr Russell submitted that on the evidence the case should be dismissed. There was the unusually strong evidence of the doctor that the defendant was

not unfit to drive a car. There might be evidence of speed and carelessness, but not of intoxication.

The Magistrate said he proposed to convict unless evidence for the defence was called. Mr Russell said that in view of the other charge pending he would not call evidence, and the Magistrate then convicted the defendant, remanding him for sentence until after the hearing of the indictable charge. The defendant was then charged with negligently driving a motor-car so as to cause the death of Heather May Giles, and was remanded to appear at Invercargill on May 23. Bail was allowed in own surety of £5O and one of £lOO, on condition that the defendant does not drive on the road. INQUEST The inquest into the death of May Fife, who died at Stage Island was concluded at Bluff yesterday before the Coroner, Mr R. C. Abernethy. Dr Ross gave evidence of having conducted a post mortem examination and said that in his opinion death was due to a rupture of the avita. The Coroner returned a verdict in accordance with the medical evidence.