SOUTH TARANAKI NEWS

Taranaki Daily News, 30 January 1930, Page 7

SOUTH TARANAKI NEWS

CHRISTMAS DAY COLLISIONS. POLICE SHOULD NOT BE CATSPAW. “I suggest that the police should not lend themselves as a catspaw to have the blame apportioned between the parties in a case which is properly one for civil action,” remarked Mr. J. H. Salmon, S.M., in the Hawera Magistrate’s Court yesterday, when dismissing charges of breaches of the motor regulations against E. J. Watson and I. R. Perica. The case arose out of a Christmas Day collision at the intersection of High and Princes ; Streets, Hawera, between cars driven by | the two defendants.. Watson, who was represented by Mr.E. M. Beechley, was charged with failing to give way to traffic approaching on his right, while Perica, for whom Mr. P. O’Dea appeared, was charged with failing to put out his right hand when turning out of traffic. “In this case, as in many, cases, the police had been called to the scene of the accident, and on arrival had found the cars in a certain position ,with certain skid-marks visible,” said the/magistrate, after /hearing lengthy evidence. “They then took statements from both parties. - That was all the evidence. presented for the prosecution, and it ‘is clearly insufficient. The police by charging both: parties created, as it .were,' a triangular duel, relying upon the evi-; dence of one party to convict .another. They are not entitled to. do so. The dence for the police should be sufficient in itself‘ to secure a conviction. -The result of the existing practice : is- that the evidence of the respective parties 'is in - direct conflict, and it is impossible for the court to apportion the . blamij.” On the same date a collision occurred ■at the intersection of Turuturu- and. Glover. Boids, Hawera, between cars driven by H. E. Johnson, Tokaora, and C.E. Barnes, Pahiatua. A charge, of failing to ; give way to traffic 'approaching on ■his 'right was preferred against Johnson, while Barnes was charged with negligent driving. Mr. P. O’Dea represented Barnes and Mr.. D. G.' Smart appeared for Johnson.'

' After hearing lengthy evidence the magistrate said, it was clear that z both parties were at fault; but the greaterfault was. that of Barnes. There was strong evidence of excessive speed on hispart, he said, when imposing a- fine of £4 and costs. , ' Johnson was approaching a very 1 dangerous corner with the intention - of' crossing a main road,- where he : shouldhave expected heavy traffic. : He ;had fail-r--ed to'keep a proper, look-out.'.He was fined £3 and costs. ! - UNLAWFULLY IN HOTEL. FINE FOR SUPPLYING LIQUOR. When Constable Pidgeon walked into the Normanby Hotel about 4.35 p.m. on Sunday, January 19, he encountered George Ernest Frisk;' a; Hawera taxi, proprietor, consuming a -'glass of liquor. This led to the appearance before Mr. : J. H. Salmon, S.M., of Frisk at the Hawera court yesterday charged with having been on licensed premises after hours', John Henry Barnes; charged with having supplied liquor after hours, and

Thomas Augustus Aylward, as proprietor of the hotel, charged with having sold liquor after hours. Mr. P. O’Dea represented the three defendants and pleaded not guilty. Barnes was fined £3 (costs IDs.), Frisk was convicted and ordered to pay 10s. costs, and the charge against Aylward was dismissed. The reason for his entering the hotel was that he had noticed a taxi drawn up outside, said Constable Pidgeon. He entered the commercial room and say Frisk sitting with a glass of .liquor, in his hand. There were also present Barnes, his wife, and two boarders. Frisk had said he had taken Mr. and Mrs. Barnes and the others for a drive, and on his return they had asked him to enter the hotel for payment for his services, and invited him to have a drink. “A perfectly 1 ' innocent transaction,” said Mr. O’Dea?’ . . , \

Evidence -was given by Ellen Mary Barnes and the three defendants, each stating that. Barties,, instructed by the licensee, had invited Frisk into the hotel to have a drink. ' . '

Mr. O’Dea stated that Barnes, the barman; whose wife was a daughter, of the licensee, was also manager of the hotel. He therefore submitted there had been no offence. : • -<

He .proposed to convict Barnes on his own admission that he had .supplied liquor to Frisk, said the magistrate, but he./would dismiss the charge, against Aylward. Frisk had been invited into the premises by the barman to.have a drink, and his’presence, there for such a purpose was unlawful.