ALLEGED NEGLIGENT DRIVING

Stratford Evening Post, Volume I, Issue 88, 23 March 1931, Page 5

ALLEGED NEGLIGENT DRIVING

SEQUEL TO COLLISION

CASE FROM TANGARAKAU POLICE ALLEGE ONE DRIVER WAS DRUNK The sequel to a visit to New Ply- , mouth to see the fight between Donovan and Blay, on February 28, by' a party from Tangarakau, and the journey home on the following night, when cars driven by Mr. F. D. Edgecombe and Mr. ,1. ,]. Murphy came into collision, was heard at the Stratford Magistrate’s Court to-day. ' J. J. Murphy, of Tangarakau, was charged with, on March 1, being drunk in charge of a car, with negligent driving, and also with using indecent language. Mr. A. Coleman, for defendant, pleaded not guilty to the first two charges, but guilty to the charge of indecent language. Sergeant Power, who prosecuted, stated that on March 1, at 7.|30, Mi'. F. D. Edgecombe was driving his car from Tahora to Tangarakau, and when about half a mile after passing Tahora a collision occurred with a car driven by defendant. It was alleged that defendant was intoxicated at the time and drove negligently and used obscene language. Fred David Edgecombe, Public Works employee, residing at Tangarakau, said that at 7.30 p.m. on March 1 he was driving his car from Tahora to Tangarakau. He was accompanied by his wife, John Bullman, August Harmwell and two children. When about half a mile on the Tangarakau side of Tahora he was driving on his left-hand side of the road and had the outside of the road as far as possible to the edge of the precipice. He noticed the approaching car over on the safe side, wifi Murphy driving. He stopped practically, and Murphy , collided with witness’ car, hitting the righ-hand mudguard and . running-board and breaking a spring. The cars locked in the back mudguard, Murphy gave his name as Murphy, but witness did not take much interest. When MMrphy got out of the car he seemed to be “terribly” under the influence of liquor. The way he drove before the collision and because he stumbled a little while after he got out of the car gave him that impression. He was very quarrelsome and witness could not get anything out of him. “A child could see he was under the influence of liquor,” said witness to the magistrate. Witness said defendant could not change his own tyre because of his condition, and two helped to change the tyre. The plan of the locality made by the constable who went out to the scene showed a 40ft. drop on one side. To Mr. Coleman: The car had two lights turned on, both burning, and defendant’s car had two lights on. Murphy blew r his horn just before the collision. To the Magistrate: The strip of surface on Murphy’s side of the road was suitable for a car to travel on. The constable, with witness, visited the scene next day. The witness was emphatic, in reply to the magistrate, that Murphy was under the influence of liquor. He smelt of liquor.

An Erratic Course

John Pullman, employed on public works at Tangarakau, said that defendant was driving an erratic course, and witness could see a collision coming. Botli cars were on their correct side. Defendant was staggering about and wanted to fight some of the parties present, making a general nuisance of himself. There was at least ten feet of room for defendant to pass on the road.

To Mr. Coleman: He was sitting in the right-hand corner of the car, having an unobstructed view of the collision. They; went to the fight at New Plymouth,' stayed at Stratford that night, ■ left after lunch, had tea at the Whangamomona Hotel, and proceeded on the journey home. It was broad daylight. He could not say why the lights were turned on by Mr. Edgecombe. He had a clear view of the road for about 400 yards. A motor-cycle was in front of him all the way, but he did not have a light. One of the party was under the influence of liciuor, but all the others were sober. The speed of Murphy’s car was about 20 miles an hour. A glancing blow occurred at a very small angle, and pulled up at the rear mudguard. Mr. Coleman: Do you suggest that travelling 20 miles an hour a car could possibly change' its course all over the road? Witness: Defendant tried to pass the motor-cycle and pulled over, and he pulled across the road only three or four times. Mr. Coleman: Would it not be fair to say that he changed his course in order to pass the cycle? Witness: He might have pulled over for that. The Magistrate: Why did Murphy use bad language? Witness: 1 cannot explain; he had no provocation. Woman in the Car

Mrs. Edgecombe said she occupied a seat in the front with her husband, who was driving, and 'two little children. The daylight at the time of the collision was fading. The approaching car had the lights burning. it seemed to swerve over on to its wrong side. Her husband got out and took Murphy’s car number. The Sergeant: What was Murphy’s condition? —Witness: He was just like a baby learning to walk and was staggering all over the place. He should never be allowed to get inside a car again. He looked as if he was very drunk and very quarrelsome. Another man was in the car with him, but she did not know who lie was. He was helplessly drunk and sal on the running-board of her husband’s car and held bis head. To Mr. Coleman: There was a man iu their car, but he was only “merry.” They stopped at Whangamomona for tea. He might have got the liquor at Stratford. Her husband had no liquor, as she was with him all the time. The speed of their car was from 20 to 25 miles an hour. She did not go to

the boxing at New Plymouth. Murphy passed the motor-cycle half a mile before he met witness, and was travelling from 20 to 25 miles. If they had gone much nearer the edge they would have gone over the side. The collision did not shift the front part of the car to the edge, but it shifted the back a little. She Avas in the car for a Avhile and then got out with the assistance of her husband and stayed on the side of the road for about three minutes, when a car came from Tahora and she Aveut on to Tangarakau. Murphy backed his car after the collision and came to a stop alongside her car, leaving sufficient room for a car to pass. To the Magistrate: She had seen different kinds of drunken men, some being quarrelsome, some talkative, some kind-hearted and some goodnatured and merry. She knew Murphy was drunk from the way he walked and the Avay he talked. Robert Hynes, rider of the motorcycle, said he pulled on to the grass to allow Murphy to pass. As it Avas twilight, witness did not have the lamps SAvitched on. He Avent back to the scene when he heard the collision The rear left-hand wheel of Edgecombe’s car Avas partially suspended over the bank. Murphy Avas under the influence of liquor.

Witness heard the obscene language used by defendant. Edgecombe appeared to be totally sober, also Mrs. Edgecombe and Mr. Bullman, but the other man was' under the influence of liquor. He did not think Murphy should be in charge of a car. Witness had helped Mr. Edgecombe with a puncture and had ridden in front of him all the time till the accident. Witness was travelling about 15 to 20 miles an hour. He was detained about an hour at, the scene of file accident. The Penalty At the conclusion of the case in which defendant went into the wit-ness-box and gave evidence on his own behalf, the magistrate entered convictions. Defendant was admitted to probation for one year and his license was cancelled tor a year. Mr. Tate said he considered this was quite heavy punishment, and defendant would be convicted on the other charges and ordered to pay the costs of the pfosecutWrt TiTnouutiug to MU Is 2d.