MAGISTRATE’S COURT.

Timaru Herald, Volume CXXXV, Issue 18913, 26 June 1931, Page 5

MAGISTRATE’S COURT.

THURSDAY, JUNE 25. (Before Mr C. R. Orr-Walker, S.M.) By-Law Cases. Arthur Barry Adkins was fined 10/-, with costs 10/-, for driving a motorcar on June 18th and falling to give way to another vehicle approaching the intersection of Stafford, Church and Strathallan Streets. Bernard Gregory O’Brien, for not having a number plate fixed to his motor-cycle, was fined 10/-, with costs. Samuel ITederick Hansen, Arthur Perclval Kerr, Ernest James Pettigrew, Francis William Shea, and E. W. Palmer were each fined £2, with costs, for failing to register their motor vehicles under the Motor Vehicles Regulations. Charles William Saunders for driving an unlicensed motor lorry, was fined £l, with costs 10/-. The Benefit of the Doubt. John Fleming pleaded not guilty to a charge that, on May 9th, at the corner of Barnard and George Streets, he did fail to give way to a vehicle, a municipal ’bus, passing on his right. Inspector Newcome gave evidence to the eflect that he twice asked defendant for Information respecting his failure to observe the by-laws, and all he got by way of answer was: “You have made a mistake.” The driver of the ’bus, W. J. Henderson, said that on the date of the information an accident was narrowly averted through defendant failing to give way when the ’bus was approaching the Intersection of the streets mentioned. If he had not slowed down the 'bus, there would have been an accident. Defendant, giving evidence, said he received a notice from Mr Newcome regarding this alleged offence, but neither he nor the car was in town on May 9th. The car was in the shed, which was locked, and he had the key in his pocket. No one but himself drove the car. Mr Newcome had given the number of the car as 142-108, and the notice was 140-108. He produced the notice. Inspector Newcome explained that this was purely a clerical error. He produced, for the bendfit of the Court, the entry made of the right number, which was that on defendant’s car at the time the accident occurred. The Magistrate (to defendant): “Why didn’t you explain to him when he interviewed you?”. Defendant: “He was so excited that I could not explain anything to him.” The Magistrates “Why did you not reply to him in a letter, saying that—■l was not out that day, and it was not my car you saw?’ ” Defendant: “I told him that he was wrong, and that a mistake had been made.” The Magistrate: "Are you sure that you did not make up your mind to put up this defence when you saw that the wrong number of the ear had been put in the letter you received?” Defendant (to Inspector Newcome): “I told you that I thought you got the wrong car, did I not?” Inspector Newcome: "No.” The Magistrate: “I have my doubts, but not very much doubt about it, and the least said soonest mended. There were two letters with the.wrong number of the car, and in Wiese circumstances the case will be dismissed.” A £5 Fine. Gordon Toneycliffe, who pleaded not guilty to a charge of driving a motorcar in a negligent manner along the Main South Road on the evening of May 17th, was fined £5, with costs, and his driver’s license was suspended for three months. Arthur Leslie Charles Williams gave evidence to the effect that he and a party of others spent an evening at Kingsdown on the date mentioned, and when returning home they met a motor-car going south close to Saltwater Creek. It had very bright lights, and they were full on. After this car passed them defendant came along, and one of the party was knocked down and injured. Geoffrey H. Box stated that he was walking along the side of the asphalt In company with the last witness on the evening referred to, when he was knocked down by defendant’s car. A car with a dazzling light passed them, and witness had been dazzled by those lights, and he did not recover until he had crossed the Saltwater Creek bridge. He soon recovered, and was walking along with one foot off the asphalt quite close to the grass, and there was plenty of room for anyone to pass. A little later a motor-car collided with him, with the result that he had a small bone in his right foot broken.

Giving evidence, defendant said that he was coming over the Saltwater Creek bridge when he became dazzled with the lights of an approaching car, which were full on. The next thing he knew was that he was struck on the left jaw and dazed. When he came to himself he realised that he must have hit someone. He went back and found Leslie Box on the ground, and helped him into the car to get him medical attention. After coming off the bridge he did not see anyone in front of him. Replying to Senior-Sergeant Mathieson, defendant said that he was on the extreme left of the bitumen at the time, coming from Kingsdown. He was travelling at 15 miles an hour, and he did not see anyone on the side of the road. After hearing the evidence, the Magistrate said that he must convict the defendant. The explanation given by him was not sufficient to account for his striking a man who was walking on the side of the bitumen, when the car was only going 15 miles an hour, in spite of the fact that a motor car coming towards him had shown a bright light. There was also the fact that he was clear of that light after he crossed the bridge. The fact that defendant was going very slow, showed that he could have stopped, if necessary. A fine of £5, with costs £l/16/-, would be imposed, and defendant's driver's license would be suspended for three months. Case Adjourned. Harold Linden Mclvor was charged that, on May 12th, he did drive a motor-car in Stafford Street in a manner dangerous to the public. Defendant did not appear, but the police put in a signed statement taken from him in Dunedin, to the effect that he was the driver of the car the subject of the information on the date mentioned. Mr Mcßae said he appeared for Elwood Cuthbertson, who would also be before the Court on a similar charge and with failing to stop when signalled to do so by a constable; and also with failing to give information in his possession which might lead to the identification of the owner of the car. It was a fact that Mclvor was the driver of the car at the time, and Cuthbertson would be prepared to give evidence explaining the position. The Magistrate said he assumed that the police would require the evidence of Cuthbertson to identify the car. With respect to the non-appearance of Mclvor, he said that in such cases where men were charged on such an important case, it was not realised that the Court had the right to issue

a warrant for the arrest of such people who did not turn up. They would be liable to imprisonment, and the Court might think it advisable to issue a warrant for their arrest. They should 1 ther appear or be represented by counsel. The Magistrate said that it might be necessary to bring the constable to whom the man Mclvor gave his statement in Dunedin to give evidence, and it might be advisable to sub-poena Cuthbertson as a witness for the prosecution. He adjourned the case until next week.