THREE YEARS’ PROBATION

Taranaki Daily News, 27 October 1932, Page 12

THREE YEARS’ PROBATION

THEFT FROM A HOUSEHOLDER

POLICE CASES AT SEW PLYMOUTH.

OFFENCES BY MOTORISTS.

As * result of a motor collision at the corner of Devon and DaiVson Streets on the night -of September 20 Frederick Billingsby Jones was charged with failing to give way to traffic on his right at an intersection.

Jones had -been travelling down Dawson Street before the impact with a taxi being driven along Devon Street by ( Lionel V. Galvin. Galvin said that his car finished, up near the footpath, while Jones’ car went on across the road to crash through the fence and hedge on the north-west corner. From a speed of about 05 miles an hour witness slowed down to a reasonable speed on approaching the intersection, and. on seeing the other car he applied his brakes and •werved to the right in an attempt to avoid a collision.

Evidence supporting the police case was given by John William Phillips and Evelyn Dowling, passengers in the taxi, and by Luke Hobman, an eye-witness. ■Fbr the defence Mr. F. S. Grayling ■aid Jones had in his ( car his daughter and Miss Aubrey. He had slowed, down to about 10 miles an hour approaching the intersection. At the corner he saw that the taxi was so far away—two to two and a half chains—that he did not tonsider it possible for . there to be a •ollision, and he proceeded to cross the road. It was pointed out that admittedly the taxi was approaching the eofner at about 25 miles an hour. That admission, in conjunction with the fact that the skid marks of the taxi were 22 feet long, indicated too great a speed when arriving at a corner. Jones, who was generally recognised to be a careful driver, had believed he had' plenty of time to cross and did start to do so. He paid no more attention to the other car, but apparently he had not realised that the taxi was. travelling at such • speed that it -had covered the distance that under normal conditions would not have caused Jones to consider stopping under the right-hand rule to allow the taxi to pass. Jones gave evidence »n these lines.

On charges of theft of cutlery, housebold. linen and. clothing of which he had previously been convicted, Thomas Gibson Whelan was admitted to probation for three years at New Plymouth yesterday and ordered to pay IBs. towards the costs of the prosecution in a manner to be determined by the probation officer. A plea for probation had been made by Mr. L. E. Sowry, who pointed out that Whelan was only 21 years of age and had a wife and a young child. He had only one previous conviction for theft, entered when he was 18 years old. ■ The magistrate said he would accede io counsel’s request, instead of sending tiw man to gaol. He must realise, howover, that he would never get another chance, and that if he did not behave himself he would be sent to gaol. He would now have the opportunity of keeping his wife and child. A conviction and an order to pay costs 12s. was entered against J. W. Mischefski for failing to pay unemployment levy. . After hearing evidence and argument, Afr. Tate reserved his decision on the application of Thomas B. Jones for a variation of a maintenance order made by the Supreme Court upon his divorce from Marian Hasting Jones. The Supreme Court order, as it applied at present, was for £2 a week for Mrs. J ones arid 7s. a week for a child under 18. On behalf of Jones Mr. G. Macallan explained that Jones had remarried at the 'beginning of the year and had continued to pay the amount due under the order until May, when his earnings were reduced. Certain investments of his had been affected by the depression. He desired a variation to 15s. a week. Opposing the application, Mr. A. A. Bennett said the*arrears up till September 24 totalled £3l 125., and since then there was owing £9 Bs., making the-total £4l, from which had to be deducted £1 paid. Counsel went on to cite' authorities to support his. opposition to the application. He said Mrs. Jones’ position had not improved since the order waa made. • A MOTORING CASES. Basil R. Blackball, New Plymouth, was fined £2 and 10s. costs because on September 10 ho. applied to the Rangitikei County Council for a heavy traffic license contrary to the provisions of the motor vehicles regulations, and [£2 and 10s. costs for driving without a heavy traffic license at New Plymouth on September 5. After entering a plea of guilty Mr. St. Leger Reeves said he desired to" correct certain statements made by Mr. R. Day, who' appeared for the New Plymouth Borough Council when the case was previously - before the Court. Counsel said that Blackball had not gone to Auckland to take out a taxi license, asotated. He had renewed his license while at Auckland and had subsequently renewed it at New Plymouth. Another point was that the amount of the heavy traffic fee paid at Marton was [£s 25., not £6 2s. The magistrate when imposing the fines said he desired to direct Blackballs attention to section 22 of the Motor .Vehiclea Act giving power to cancel a license upon an accumulation of offences. Blackball had had previous eonvictions.if or various motoring offences and .another conviction might mean the cancellation of his license. Because he overtook another vehicle while it was travelling at more than aix miles an hour past the intersection of Devon and Currie Streets on October 14 Neville Osmond Wilton was fined ;£2 and 10s. costs. The case was taken a* a further warning, said Constable Stanton.

They were over the tram lines before the taxi struck them, said Gwendoline Aubrey. - William Dineen, who had known Jones four years and had driven with him extensively, said that he was a most careful driver and was more likely to get into trouble by going too slow than too fast. The magistrate said that the public ctill .did not appear to appreciate the need for observing the right-hand rule. The speed of the taxi did not enter into this matter, though it would be a factor to consider in civil proceedings. Jones was fined £-2, with £1 ISs. costs.