MAGISTRATE'S COURT

Timaru Herald, Volume CXXXVII, Issue 19301, 30 September 1932, Page 11

MAGISTRATE'S COURT

TIMARU, THURSDAY, SEPT. 29. (Before Mr C. R. Orr-Walker, S.M.) Traffic Breaches. For riding an unregistered motorcycle, Trevor Gilbert was convicted and fined £3 and costs 11/-. Minnie Kelberg, for driving a lorry without being the holder of a heavy traffic license, was fined £1 and costs 10;-, John Nicholson Smith was. charged with driving a motor vehicle at a speed which might have been dangerous to the public. Evidence was called to show that Smith had travelled across an intersection In King Street at 45 miles per hour. Hs was convicted and fined £3 and costs 15/-. ‘'is" Number Plates. James Andrew McKenzie, motor dealer of Oamaru, was charged with using a. car with demonstration numDar plates affixed, contrary to the provisions of the Act. Defendant was represented by counsel, and courrel also appeared for the traffic inspectors. Counsel for the prosecution stated that on June 18th, the day of the Timaru races. Inspector Ashwell saw T a. car which defendant was driving in a line of traffic approaching the Washdyke Bridge, and proceeding in the direction of the racecourse. The car carried demonstration plates, and there were two passengers with defendant. At about four o’clock in the same day Inspector Newcome saw the same car driven by defendant proceeding north from the racecourse. On this occasion there was one passenger, a lady, in the car. The informations on both instances were very

suspicious. “I submit that I am entitled to say that defendant has made a habit of going to races with a full car carrying ‘D’ plates,” said counsel. “It is a systematic evasion of the law.” The defence would argue that they were entitled to exemption under the Act, but evidence would show that they had made up a party to go to the races, and he did not think in that case they were entitled to exemption. Evidence of having seen the car with “D” plates attached was given by Inspector W. R. Ashwell and Inspector C. H. Newcome. Inspector Newcome stated that when* he saw the car it was about live or six chains north of the course, proceeding north. He was unable to say whether it had come out of the racecourse.

Counsel for the defence said that defendant was a member Of a firm of motor dealers in Oamaru, and had been negotiating to sell a car to a Mr McKitteriek. As the car was a secondhand one, Mr McKitteriek had insisted that he should be given a longrun in it, and had asked to be driven to Timaru. A friend who had a good knowledge of cars had accompanied him to give his opinion of the car. Mrs McKitteriek was at the Timaru races, and on arriving at Timaru they went out to the course. Later Mrs McKitterick went for a drive with defendant, as she was in the deal too. It was than that Inspector Newcome had seen the car. A month later the car had actually been purchased by Mr McKitteriek.

In evidence, McKenzie stated that he had been negotiating with McKitteriek for some time to sell the car. On June 18th McKitteriek came along with a friend and asked to be taken for a demonstration run to Timaru. Races had not been mentioned until the party were past Waimate, and while they were having tea at a shop in Stafford Street McKitteriek suggested that defendant should drive them out to the course. He (defendant) had not gone on to the course proper, but McKitteriek and his friend had. The car had been parked in the outside stand. Later in the afternoon McKitterick had sent Mrs McKitteriek out to have a run in the car, and defendant had driven her up the Main Road for about ten minutes, returning to the racecourse. At about five o’clock he had driven back to Oamaru with McKitteriek and the other man. Cross-examined, defendant stated that he' was not a racing man, and denied that he had made four or five trips to Timaru during the last two ; years with a full car carrying ~D '’ I plates. When pressed by counsel, he

admitted having come up from Oamaru on one race day, but on that occasion he had sold a car to Dr. Ussher.

Alexander McKitteriek, Oamaru, gave corroborative evidence. He had chosen the run to Timaru because he covered the road from Oamaru to Dunedin once a fortnight, and wanted a change. He admitted he was interested in racing, and knew that there were races in Timaru on that day. He had not told McKenzie that, nor had he mentioned that his wife was in Timaru. but he had an idea in his mind that they would go to Timaru and pick up his wife at the races. He denied that he had used McKenzie’s car as a taxi, for he had a car of his own, and could have come up in that if he had wished to go to the races. The Magistrate reserved his decision.