LICENSE SUSPENDED.

Temuka Leader, Issue 10976, 12 August 1926, Page 2

LICENSE SUSPENDED.

MAGISTRATE'S (DISAGREEABLE DUTY. A DISTRESSING CASE, At the .'Temuka, Magistrate's Court on Tuesday, before Mr E. D. Mosley, *S..M., George Frederick Walker was charged that on the 18th June, at Temuka, he did drive a motor lorry in a negligent manner in King street. Sergeant Dwan prosecuted for the police, Mr F. J. Smith appeared for defendant, and Mr P. A. Joynt (Joynt and Walker) watched the proceedings on behalf of Richard Colwill. The case arose out of a collision which took 1 place on the date mentioned, between a motor lorry driven by defendant and a spring trap driven . by Richard Colwill, of Springfield'road. Richard . Colwill deposed that on the day of the accident, he was returning from Timaru in a spring ,and the last' thing, he rememwa|*, passing a () dairyman’s ad#? alongside the road, not faf, from .Tempka. and this side of the Temuka Bridge. Oh crossing the bridge, hewturned to his correct side of the rqad, and "that wag all he could remember. He had suffered a lot since the accident, and had been laid up seven or eight .weeks.

To Mr Smith: As near as he could remember;: after passing two horses jn the dairyman’s place he tinmen to the correct .side of the road. Mr Smith: Do you think you were as far to the left side of the road as you could possibly be? Witness: Yes, I am of that

opinion, Gonstable Southworth deposed that, acting on information received, he went along King street 'on the day in question, and midway between Temuka .and the bridge he saw defendant’s lorry on the right-hand side of the road. The trap'was on its correct side of the road, and had been turned round facing towards the fence. Colwill was in a very dazed condition, and was suffering from minor’ abrasions. The right-hand wheel of the trap was about ten feet, off the crown of the road, and the trap was in the usual' traffic road. The horse and trap had. been swung round. On the right-hand wheel was some red paint, which came from the left hand side of the motor lorry. The accident was caused by the lorry coming 'up behind . the, trap, both travelling in tire same' direction, the lorry catching the right-hand side of the trap. The shingle was fairly loose and the .tfackg were hard to pick up. From, the tracks it appeared that Walker had turned to avoid running into Colwill. Walker admitted to witness that he could not see Colwill until lie was - tight in front, of him. Mr Mosley: Was this at .night, Witness: No! In broad daylight. Witness was adding more Of WalkeFs statement, when Mr Smith raised an objection, hut the Magistrate over-ruled the objection.;. Continuing, witness stated that Walker had stated that the sun was in his eyesj and the shade . from the high fence obstructed his view. Cross-examined Smith, witness stated that the left-hand wheel of the cart was on the usual, side of the road. .i f ‘r . Mr Smith: I don’t -want you. to he antagonistic. I’m not antagonistic to you. -• _ : Witness: I’m not antagonistic, Mr Smith. , _ Continuing, witness said the lefthand wheel was some little distance from the side of the road—about eight feet. The lorry , hit the tyre of the trap apparently from the. rear. If Walker had gone a little' further to the right—another six inches —he \youid have avoided the accident. Mr Smith, in addressing the Bench pointed out a rather important circumstance in the case. A Maori had been sitting on the lorry behind' Walker at the time of the accident, and his evidence would be rather important, but he had shown great antagonism to Walker. He had approached the Maori, hut the, latter would not discuss the matter. AVhen asked, the Maori had said he had been subpoenaed by the police and he ought to be there. Mr Mosley: Didn’t it strike you that he was 'antagonistic because your client was in the wrong? Mr Smith: 1 No' sir. V I thought it whs due to ignorance on the part of the Maori, and he didn’t want to come into Court.- Maoris don’t like coming to Court. Mr Mosley: That’s not so now in New Zealand, Mr Smith. Mr Smith: ThaF" man certainly should ,he here. 1 - Mr-Mo.sloy: You-know the way to get him here.

Mr Smith: Quite so, your Worship. But he told me a deliberate lie. In outlining the case for the defence, Mr Smith- said 'Wfilker was known as the slowest man on The road. He was p very slow motor driver and a very careful man, and was known as the “Temuka Snail.” The day of the accident was in midwinter, and the sun was, low on the horizon and shining-over the hedge, causing a deep where Colwill was. The glare on defendant’s glasses and on the windscreen made him-, blind. The Maori; didn’t see anything or he’ would have .shouted' out,-'aryl defendant 'didn't see Coiwill until he was actually on him. His client was'v&rjF’deafr Mr Mosley; How- dobs a-Aiant Ifke that get a license? "'Re shouldn’t

have. *a. license,, as it’s clangorous to the public.' • .. . , (

Defendant; ,in evidence stated he had slowed down after passing the bridge,' and the sun was very glaring and cast a shadow on the road. He couldn’t see anything, not even the fence. The accident was due to the glare of the sun, and he would have : seen Colwill if he had been a bit further out, but he was in the dark shadow. He turned the lorry to the right, hut about an inch of the outrigger caught the wheel of the trap. He only felt a very slight Jar.

Mr Mosley: Suppose a motor-car wants to pass you, how do you hear the horn?' ~ Defendant; I beg your pardon, sir. Mr Mosley: Well, if you can’t hear me, that’s all I want to know. Sergeant Dwan: You are very deaf? Defendant: I can hear, but 1 can’t make put a distinction of words.

Sergeant Dwan: How is your eyesight? Defendant: One eye is not too good. ■ .., ’ Sergeant Dwan (pointing out of the Court window); How about that man on' the brick building y Defendant: I can’t see one! .. Sergeant Dwan; That’s right. There’s not one thert.

. Mr Mosley: Do you think it safe for you to be-on the road? Defendant: My highest speed is twelve miles an hour.

Mr Mosley: But what about the other fellow? Defendant said he always kept on the proper side of the road, and thought anyone on the road could, prove ho tried to set an example, Mr Mosley: Yon were blinded for the time being? Defendant: Yes; on account of the sun’s glare on the windscreen. Mr Mosley: Why didn’t you stop? Defendant: I would have had to stop till the sun s et. Mr Mosley: I can only hold that defendant is guilty of driving in a negligent" manner. His duty was not'to go on at all. If by going on he is likely to strike another, he must stop. A motor vehicle has no right to the road in face of other traffic, If owing to some act of nature he was blinded, his duty was to stop until he could go on with safety to the public. No other view could possibly be taken. In reply to,, the Magistrate, Mr Joynt stated that Colwill’s nerves Were in a very bad state His 'body had been bruised and hi s head injured. A lady in the Court in attendance on Col will rose and said she couldn’t sit and hear them arguing about 1 Colwill’s suffering. Mr,Mosley; Well, you can always go outside, madam.

The lady: No'one knows what he has suffered as I do.

Mr Mosley: Quite so. Was he driving '■ by himself ? Mr Joynt: Yes. He is 68 years of age, and before the accident was am active man and quite capable of driving.

Sergeant' Dwan: He was so bad that the doctor thought he would 1 not- pull through. Mr,-Mosley:' I can da nothing under the circumstances, but convict defendant. I don’t want to take his license from-him. Has heany- other means of liveHhtrod?' Defendant: Not n&w. Things are very bad. It’s a job to get anything. - Mr Smith: Both Mr and Mrs Walker- are in poor health.- He; has nobody else to drive for him. Mr-Mosley : I don’t want to take the - man’s livelihood - away. Ha seeing a decent man. Can you offer any suggestion, ‘Mr Smith? Mr Smith: Gould you give him ■another trial, yßur Worship? If he has' another 'accident, you _ could take his licenser away for ever; Mr Mosley: But he’s sa'^deaf! (To defendant) : -How old are yon? .Defendant: Fifty-eight, sir.' ' : | After- deliberation, "Mr Mosley said; “I have an extremely dis.agreeahle duty to do, hut 1 can’t allow defendant to go on the road. I will make the fine a nominal one. Defendant is convicted and fined 10s and ordered to pay costs 9s ami witness’ expenses 10s, his license to he suspended until the Slat March, 1927. If the local authority then issues him a license, and he conies before the Court, it will he suspended altogether.