CHARGES DISMISSED

Taranaki Daily News, 19 January 1935, Page 8

CHARGES DISMISSED

NO NEGLIGENCE PROVED E, K. CAMERON IN HAWERA COURT. SEQUEL TO MOTOR COLLISION. Holding that Edward Knowles Cameron could not have done any more than he did and that it was not necessary for him to sound his horn when approaching the intersection, Mr. W. H. Woodward, S.M., in the Hawera Court yesterday dismissed charges of negligent driving and failure to use a warning device. The charges arose out of a collision between Cameron’s car and a motor-cycle ridden by a young man called Smale at Hawera on May 9, in which Smale was injured. A charge of failing to give way to traffic on the right was withdrawn! because the regulation was inoperative at the time. Sergeant Henry prosecuted and Mr. A. K. North appeared for Cameron. The site was inspected. . The accident occurred at a dangerous corner where five roads, South, Denbigh, W aihi and Manawapou Roads and Dixon Avenue, met, said Sergeant Henry, Cameron was going along Dixon Avenue to his home at the comer of South and Denbigh Roads and reached the intersection between 10.15 and 10.30. The night was a bad one, with a heavy southerly wind, and Smale was riding his cycle from Manaia to Mokoia. Hughen Smale, farm labourer, Manaia, said that on the evening of May 9 he left Manaia on a motor-cycle at about 9.45 to return to his employment at Mokoia. He reached the intersection about 10.15. He had passed no vehicles during that period. The night was veiy windy and cold, but there was no rain. His cycle was in good order and had a good light. At the Waihi Road comer his attention was attracted by the lights of a car coming apparently behind Cameron’s car. Ke had seen Camerons car as he approached the intersection, and had reduced his speed. In the meantime the other car had passed pameron’s car and proceeded in the direction of Manaia, and he was dazzled by its lights and lost sight of Cameron’s car. He could not identify the car with the bright lights and saw. no other car m the vicinity. When he reduced his speed he would be travelling at about 15 miles per hour, and had travelled from Manaia at about 25 to 30 miles per hour. He sounded his own hoi‘n near the intersection, but he heard no other cai, though if a car horn had been sounded he thought he would have heard it. ON CORRECT SIDE OF ROAD. Approaching the corner he was riding on the left-hand side of the road. ’Die first thing he remembered after being dazzled was striking . Cameron’s car, which was across the intersection. The overhead lights prevented his seeing the lights of Cameron’s car at that stage. He considered he would be about a chain and a-half from the intersection when he first saw Cameron’s lights. He expected Cameron to give way to him because of the right-hand rule. Cameron’s car approached the intersection at a speed of between five and 10 miles an hour. Because of witness reduced speed the impact was not a severe one. He struck the car behind the right-hand front wheel. He could not remember what happened immediately after the collision He saw no stationary car and was dazzled only by the lights of the car which passed Cameron’s car. To Mr. North, witness said he had been riding the particular motor-cycle for three months and had been several times between Mokoia, where he was then living, and Mana. He was riding without goggles or helmet, but had no tendency against the wind to drop his head while riding. It was Cameron s car that he first saw. He told the constable at the hospital about the second car. He objected to- having that statement _ read in court. Cameron did not say to witness that he did not see him, Ernest Alfred Hart said he was returning by car from Manaia. He was coming out of Inaha Road when he eased up to allow a motor-cycle to pass towards Hawera. The motor-cycle was not travelling at a fast speed and he followed it towards Hawera. He travelled into the southerly storm at an average speed of about 25 miles per hour. He could see the cyclist ahead of him. He did not see the motor-cyclist after about Tokaora. He came upon the accident arid saw a man holding up Smale. The only vehicles in the. vicinity were the two involved, a light lorry on South Road facing Manaia, on its correct side, and a car about 70 or 80 yards along Dixon Avenue with its lights directed towards the corner. Before the motor-cycle could be moved he had, while assisting a constable and Cameron, take the cycle out of second gear. In that gear the cycle could not have been travelling very fast. DID NOT REMEMBER CAR. No vehicle that he could remember came towards him up to the point ■ of impact, Hart told Mr. North. Cameron was not at the scene of the accident when witness arrived. It was quite possible that the motor-cycle was not in second gear at the time of the accident. Constable Healey said the right headlamp on Cameron’s car was not alight, due no doubt to the impact, and Smale’s

motor-cycle was in second gear. The light on the motor-cycle was burning dimly. Cameron’s car was across the road and had not skidded sideways. There were no. brake marks on the road. Mr. North submitted that Cameron did only what any reasonable man would have done. The only evidence that Smale was travelling slowly was that his cycle was in second gear when Hart tried to move it. There was no proof that the lever was in that position at the time of the accident. The reports he proposed to call would say that , the motor- ■ cycle was travelling at a fast pace as the impact had been severe. It was significant that Hart, who was following Smale, had not seen the “phantom car,” by the lights of which Smale said he was dazzled. There was, he contended, no case to answer. The intersection was a wide one and defendant had nearly crossed it, said Mr. Woodward. From Smale’s evidence it appeared that had he not been dazzled there would have been no collision. He did not think Cameron was negligent because there was nothing he could do but slow up which was what he did. He could not see that Smale would have had any better warning had Cameron sounded his horn. He dismissed the charges without hearing evidence for the defence. CYCLING HANDICAPS DECLARED. CALEDONIAN SPORTS AT. MANAIA. Handicaps as under have been declared by Mr. L. Marter for the Caledonian sports meeting at Manaia. on Wednes-

PERSONAL ITEMS. The Rev., H. Cottom, Manaia. is spending a fortnight’s holiday at Opunake. Mr. and Mi’s. Anton Bonetti, who have been, on holiday on the West Coast, returned to Hawera yesterday by car. The death occurred at Masterton of Mr. James George Dagg, senr.,. father of Mr. R. D. Dagg, Kaponga. The late Mr. Dagg, who was 80 years of age, was closely ■ identified with ’ the early history and development of the Wairarapa. Bom at Mulligan, West Meath, Ireland, Mr. Dagg came to New Zealand at the age of two with his parents. He took over a farming section, practically all of which was standing bush, at Kaituna, Masterton, 52 years ago. Mount Dagg in the Tara- < rua Ranges at the back of Masterton was k named after him, and there now stands, i at the summit of that mountain, a trig station in his memory. Predeceased by ’ his wife some 10 years ago, he is sur- ( vived by three sons and two daughters, i all of whom, with the exception of Mr. R. D. Dagg, live at Masterton, GENERAL ITEMS. Shoulder Blade Fractured. ( While tacking up a notice at the Riverdale dairy factory yesterday morning ■ Mr. A. Chong slipped on the wet, greasy landing and fell heavily on his shoulder, splitting the shoulder blade. He was • taken to the Hawera hospital, where he ■ is reported to be progressing favourably. Riding Horse on Footpath. On the occasion of the visit of the Duke of Gloucester to Hawera on January 3 William George Gibson rode one horse and led another on to the footpath at the corner of High and Princes Streets to avoid a roped-off section of the road. His action cost him £1 and costs 10s in the Hawera Court yesterday. Tomatoes in a Bedroom. When Inspector Hunt visited the premises of Makam Bhana at Hawera recently he found cases of tomatoes stored in a room used as a sleeping apartment. In consequence the fruiterer was convicted and fined 30s at the Hawera Court yesterday. Subsidy Increase Sought. A request for a larger subsidy than the one now allotted it by the Department of Agriculture is to be made by the committee in charge of the Waimate West demonstration farm as a result of a decision at a committee meeting at Manaia on Thursday. ADVERTISERS’ ANNOUNCEMENTS. Smith and Trim, Ltd., Hawera, advertise particulars of their mart sales for to-day of 500 cases of fruit, including apricots, black currants and bon chretien pears, etc., at 10.30 a.m. and poultry, well windlass, barrow, furniture and sundries, women’s shoes, etc., at 1.30 ; p.m., followed by the balance of the ; fruit.

: PATEA DEFEATS WAVERLEY. GIBSON BANNER RETAINED. Patea retained the Gibson Banner in a mid-week bowling match with Waver- ■ ley on the Patea green when the challengers were defeated by 22 points to 20. The teams were: Waverley, Nicholls, Jeffries, Bromiley, Wicks; Patea, F. Parsons, Palmer, Paterson, Sheahan. MANAIA TOWN BOARD. FIRST MEETING OF YEAR. The first Manaia Town Board meeting of 1935 was held on Thursday. Those present were Messrs. L. C. Harrison (chairman), G. R. Watts, Robinson, L. A. Walters and A. J. Christie. Mr. O. T. Parry’s application for extra water supply was granted subject to conditions. The poundkeeper reported that 17 head of stock was impounded during December. The statutory half-holiday was fixed for Wednesday, there being no applications for a change of day. Mr. C. S. Chong’s and Mr. J. F. Kiley's applications for water supply were granted. A complaint about cars and motorcycles speeding through the streets was received. The inspector was authorised to check and prosecute such offenders, and one day’ a week will be set aside for this work. The Caledonian sports committee asked the board to help in controlling street traffic on sports day. It was resolved to ask the foreman to control the street traffic with the aid of Mr. McKee. Mi-. W. Sutton’s resignation from position of sexton was received. OPERA HOUSE TALKIES. “THE CUCKOO IN THE NEST.” Ralph Lynn, always original under trying circumstances, conclusively proves in “A Cuckoo in the Nest,” the GaumontBritish production of Ben Travers’ famous farcical comedy which opens it Hawera season to-day at the Opera House, that it is impossible to extemporise, from a washstand, anything even remotely approaching a comfortable bed. There are so many farcical absurdities in this riotous picture that it is difficult to select any one incident as being more laughable than the rest. Comical complications are. unending in variety; the fun is led by Tom Walls and Ralph Lynn most ably aided and abetted by Yvonne Arnaud, Mary Brough, Robertson Hare and nfany other old favourites. Tom Walls’ business with an inn-keeper to obtain a drink by pretending that his wife is ill, is as funny a bit of fooling as has been seen on the screen for many a day. Ralph Lynn, as the son-in-law, has another of his roles of a man who drops verbal bricks in every direction and gets into, delicate situations—and out of them —without in the least realising that his idiotic behaviour has caused them.

day:— A. C. Hawkins .... a v J! ,2 •- c 'g £ go 5 ... 10 20 0 60 90 A. Adams ... 10 20 60 90 J. C. -ourke .... ... 15 45 90 130 W. Ludlam 45 90 130 C. Mana ... 15 45 90 130 L. Ludlam ... 30 90 150 200 W. D. Letford .. ... 30 90 150 200 E Peters .' ... 30 100 180 200 M. Jones ... 30 100 180 210 E. Tipler 120 180 230 N. Cullan ... 35 120 180 300 M. Green ... 45 120 180 300 M. Costelli ... 50 160 220 300 H. Jorgenson .... ... 50 JL60 220 330 L. Landers ...... ... 55 190 270 340 H. Wills ... 55 190 270 340 A. Brorsell ... 55 190 270 340 G. Cuff ... 55 100 270 360 B. F. Flintoff .... ... 55 200 310 390 G. Dombroski .... ... 60 220 310 400 A. Campbell ... 75 220 320 410 G. Flintoff ... 80 220 320 410 A. Bamford ... 80 230 320 410 G. Gollins ... -80 230 320 420 W. Parker ... 80 230 340 420 W. Wann ... 85 230 340 430 M. Condon ... 85 240 360 430 H. T. Putt ... 85 240 360 430 E. Fleet ... 85 240 360 430 B. Wallis ... '90 250 360 430 B. Rae ... 90 350 360 430 0. P. Busby ... 100 250 370 430 W. Jewell ... 120 260 380 440