POLICE COURT NEWS

Taranaki Daily News, 1 September 1927, Page 4

POLICE COURT NEWS

CASES IN NEW PLYMOUTH MAN SAID NOT TO BE DRUNK. SEVERAL BY-LAW PROSECUTIONS. “An onlooker and a doctor who examined the man half an hour after he was arrested were both of the opinion that he was not drunk,” said counsel when a first offender was brought up on remand in the Police Court at New Plymouth yesterday and admitted being drunk in Devon Street on August 18. A charge of behaving offensively to Constable Mills was withdrawn. Counsel added that he himself had observed the man being taken to the police station, and he had wondered at the time why he was in charge. However, to save the time of the court a plea of guilty had been issued. The man was convicted and discharged. Laurence O’Sullivan was fined 20s and costs 10s for driving a motor in St. Aubyn Street at night without a tail light. Cyril H. Plumtree pleaded guilty to riding a motor-cycle on the Devon Road at Bell Block in a dangerous manner and was fined 10s with 10s costs. Inspector Area said Plumtree passed at 50 miles an hour, but slowed down to a moderate speed when turning the corner. Plumtree admitted the facts and the magistrate remarked it was refreshing to hear such frankness. He would take this into consideration.

TWO DRIVERS PROSECUTED. COLLISION CAUSES POLICE ACTION. Arising out of a motor collision at the corner of Young and Morley Streets about 11.45 on August 5, Cyril Jeffries and Stanley Cameron Wilson were charged separately with negligent driving. Pleas of not guilty were entered. Sergeant Martin explained that Jeffries was driving a butcher’s van along Young Street in an easterly direction and Wilson was driving a milk eart along Morley Street in a southerly direction. They collided at the corner. “Speed was the trouble in my opinion,” said Constable Small. “Both men were on their correct .side.” When the constable arrived on the scene Jeffries told him he had been travelling at about 20 miles an hour in approaching the intersection. He had intended proceeding across Morley Street, but on seeing Wilson eoming he swerved to his right down the street. Jeffries pulled up 73 feet from the point of impact. Both cars were severely damaged. Jeffries had estimated Wilson’s speed at 35 miles an hour. The constable read a statement made by Jeffries in which he said that he blew his horn but did not hear Wilson’s horn. Jeffries expressed the opinion that both were to blame for the accident.

The constable admitted to counsel that he would be surprised to hear that the ears had been locked together after the collision and that they had been moved before his arrival. Counsel for Jeffries said it was correct that Jeffries was going at 20 miles an hour when approaching the intersection, but it was strange that the constable had not asked him his speed across Morley Street. Jeffries had then slowed down to about 10 miles an hour. When he was about a quarter of the way across to the manhole at the intersection he noticed Wilson coming and applied his brakes. He was unable to avert a collision about two feet to the east of the manhole, however. The view round the corner towards which Wilson was driving -was somewhat obscured by a hedge. For this reason Jeffries had slowed down. He had done everything possible to avoid a collision. The cars moved on a certain distance after the impact and were locked together. Afterwards Jeffries drove his some yards away. Wilson’s speed was the cause of the accident, said Jeffries to Sergeant Martin. Jeffries was convicted. Wilson’s part in the accident was then the subject of evidence by Constable Small. Wilson’s ear was 28 feet from the point of impact. He said he was travelling at 20 miles an hour. He said both were to blame. Jeffries maintained the other car was travelling too fast to permit him to pull up in time. Wilson made a statement at the station.

Jeffries was in the position of having to attend to the corner on his left, said the constable in reply to counsel. On the other hand Wilson had to attend to two corners.

Counsel thought the explanation of the statements that both were to blame was that both were young men who would perhaps be nervous when interviewed by a man like Constable Small. They would not, under the circumstances, be able to make a considered statement. Both youths were excited and at the time were not competent to make statements. If they had been able to think the matter over their accounts might have been different. Wilson’s speed was certainly not 35 miles an hour. Wilson was practically stopped when the impact occurred. Evidence was given by Wilson, who said that he had put his hand-brake on going down the hill, and his speed would then be about 15 miles an hour. He sounded his horn. He did not see Jeffries until he reached the corner. Cyri vine said he saw Wilson coming and afterwards walked 30 yards up Gaine Street before he heard the crash. Counsel maintained that this evidence indicated that Wilson’s speed was about 12 miles an hour. “I am very anxious not to set an unpractical standard,” said the magistrate. “The test should be what would a reasonable man do.” He was inclined to think that both were coming along at a good pace and that the meeting was inevitable. They should both be convicted. The evidence of speed against Jeffries was heavier than that against Wilson. Jeffries was fined 30s and costs 10s and Wilson 20s and costs 10s.