WAIMATE

Timaru Herald, Volume CXXXIX, Issue 20107, 14 May 1935, Page 5

WAIMATE

CYCLIST RUN DOWN BY MOTORIST HEAVY FINE IMPOSED At the Waimate Magistrate’s Court yesterday morning before Messrs P. Grant and C. L. H. Gunn, Leonard Fogarty, radio salesman, Oamaru, appeared charged with being in a state of intoxication while in charge of a motor car, and also with driving a motor car without being the holder of a driver’s license. Arising out of the same case Thomas James Crosbie, labourer, of Douglas, was charged with hindering Constable Voyce in the execution of his duty. Mr W. F. Boland appeared for both defendants, and Mr G. R. Watters watched the case on behalf of the relatives of Miss Phyllis Callender, who was injured as a result of a collision with Fogarty’s car. The defendants pleaded guilty to all Charges. Constable J. McCormick outlining the case said that on Saturday night three cyclists were proceeding together up High Street when they saw a car approaching them on the wrongside of the road. The car came directly at them, and two of the cyclists swerved sharply to the left, while the third. Miss Phyllis Callender, turned sharply to the right in an endeavour to let the car through. Miss Callender was struck and carried a distance of 75 feet before falling on the roadside, and the car travelled a distance of 179 yards after the impact before being i pulled up. Miss Callender suffered a j broken leg and facial abrasions. After producing a plan of the locality, witness said that at the time of the occurrence there was no obstruction to the view, and on the arrival of witness it was obvious that the driver of the car was intoxicated. Crosbie was in the car with Fogarty at the time of the accident and on coming back to where the girl was lying he said “She’s not hurt.” He also kept exhorting Fogarty to get the car away from the scene. Crosbie interfered with the doctor and climbed into the ambulance. When the defendant attempted to turn, the car they backed it into a ditch. When Fogarty was placed under arrest Crosbie kept asking him why he did not get the car off the scene. Witness produced a medical certificate to show that Fogarty was in a state of intoxication when examined at the police station after the accident. The maximum penalty under the Act for Fogarty was a fine of £IOO or three months’ imprisonment, and in Crosbie’s case a fine of £IOO, in default three months’ imprisonment. The police viewed the case seriously, and asked that a substantial penalty be imposed. Mr Boland said that in regard to Fogarty he was a young man who very seldom drank, and before the day of the accident he had not had a drink for four months. Mr Boland produced a reference received that morning from Fogarty's employer in Oamaru testifying to his sobriety and good character Counsel said that although his client felt his position acutely, his chief regret’was that the girl had been injured. He was prepared to take out a prohibition order, and was also willing that compensation to Miss Callender for damage to the bicycle, etc., should be included in the Court’s judgment, and it was hoped that these matters would be taken into consideration when the amount of the fine was fixed. Mr Boland stated that Crosbie had been employed on a farm for four months during which time he had not had a drink, but in view of the present case he also was prepared to take out a prohibition order. In regard to the charge of hindering it would appear that he had been more of a nuisance than a hindrance, and this was probably caused by a high state of agitation owing to the accident, combined with the liquor he had consumed. The Bench said that they had given | the case serious consideration. The ! position was one that young men like the defendants should never have placed themselves in, and it was hoped that it would be a severe lesson and a warning to them. For being intoxicated in charge Fogarty would be convicted and fined £l6 10s (costs £1 13s 6d) and ordered to pay compensation to Miss Callender. £5 for damage to the bicycle, and £3 10s damage to clothing. For driving without a license, he would be convicted and discharged. For hindering the police Crosbie would be fined £4 with costs 10/-. A. AND P. ASSOCIATION The annual meeting of the Waimate A. and P. Association was held on Saturday the retiring president 'Mr D. Macdonald) presiding over a large attendance of members. The annual report stated that the year commenced with a credit balance of £99/18/2 and after expending the sum of £32/17/5 in permanent improvements, and £B/5/11 in repairs, closed with a credit balance of £llO 12/4. After allowing £67/14/- for depreciation on buildings and plant, assets were estimated at £2,114/6/10 with liabilities of £23/4/10. The annual she . was held on Tuesday, November 13, and unfortunately it rained heavily in the morning, but rain ceased just before mid-day and they carried on under fair conditions. The exhibition of stock compared favourably in quality with previous years but entries were smaller particularly in the horse classes. The ewe hogget flock competition was highly successful, there being 10 entries as against eight the previous year, the quality being favourably commented upon by Major H. S. Orbell and Mr J. T. Stephens of Oamaru to whom the Association was indebted for acting as judges. An innovation was introduced in sheep dog trial exhibitions given by Messrs R. W. Trotter (Kurow) and J. Mcßae (Waihao Downs) and this proved very popular with the public. As loss of £66 resulted on the day’s operations due principally to the adverse weather conditions, the gate receipts being £l2B 14/- against £149/2/- last year. Entry fees also were smaller at £174/12/against £196/10/-, caused partly by the reduced entry fee for light horses, cobs and ponies and also by the reduced number of entries in the Clyesdale and pony sections. The annual ram fair on March 26 was highly successful, the total yarding being 381 against 317 last year, most of the rams changing hands at what may be considered satisfactory prices. During the year two new life-members and seven new annual members were enrolled but 10 were lost. The loss by death not only to the Association but to the whole district of Messrs H. Ruddenklau and W. Hayman (both past presidents and committee members for 25 years, and strong supporters of the Association in every way), and also of Mr Thos. Dugdale who had been a member for many