MAGISTRATE’S COURT.

Waipawa Mail, Volume XLIX, Issue 149, 7 September 1928, Page 2

MAGISTRATE’S COURT.

YESTERDAY. (Before Mr A. M. Mowlem, S.M.) SPEEDING CASES. Robert Wallace, junr., driver of a service car, was charged with driv ing at an excessive speed in Great North road. Mr Kent appeared lor the defendant and Mr Harker for the prosecution. W. Taylor, traffic inspector, state! that he followed defendant from Colin street to town. He was travelling at from 34 to 36 miles an hour. In reply to Mr Kent witness said his speedometer was practically a new one, and was guaranteed. Defendant, in evidence, denied telling the inspector that he vndoing 30 miles. Did not exceed 20 miles at any point after entering the borough. J. C. Parker, of Palmerston, who was a passenger by the service caton the date in question, said he did not think the driver was exceeding 15 or 16 miles an hour when apprcmriiing the town. Witness had been driving a ear for 15 years. Mr Kent urged that the credibility of the witnesses for the delenro Ire taken into consideration, and that it there was any doubt defendant should receive the benefit of it. Mr Mowlem said he would he only too glad to give defendant the brin-lit of the doubt if one existed. The inspector had no object to sen. lieyond carrying out his duty, and there was no reason why his evidence should he discredited. In reply to a question from lie Magistrate Mr Harker said the inspector had only recently been onpointed. as it was found tlint mV outage was being taken of the fuel Hint there was nu such officer. The nlijecl was not to enforce the by-laws strictly, but to take such mensun as would safeguard the public. Defendant was fined £l, Court --ts 10s, solicitor’s fee £1 Is, and witness ss. A like penalty, with costs on t lie same scale, was imposed against Herher! F. Nunn, Thomas Sheehan, mil Mrs E. Kelly, on similar charge-. IGNORED THE INSPECTOR John Arthur Kelly, lorrv driver, nf Napier, was charged with travelling at excessive speed and not displume a tail light. Mr A. M. White aimeared for the defendant and Mr Harker for the ' prosecution. W. Taylor, borough inspector, gave evidence as to drawing defendant’# attention to the fact that his tail -fight was not showing. He undertook tn remedy the defect, hut drove awav 1 without doing so. The inspector chased him. and this resulted in the ’ speeding charge. The Magistrate said lie had nolienitation whatever in accepting the inspector’s evidence. It was perfectly plain that some attempt was made hv ' the defendant to dodge his respond. 1 bility. He would he convicted on ? both charges. For failing to show a ‘ tail-light he would he convicted mid 5 ordered to pnv costs. For speeding he 1 would he fined £3. with costs of Court 10s and solicitor’s fee £1 Is. f CLAIM DISALLOWED, r C. E. T. Woods sued A. R. Uodd p for £1 12s, balance of an account alleged to he owing in respect (o denI lures. Mr A. M. White appeared , for the plaintiff and Mr Hallett for p the defendant. p For the claimant it was stated that . the price of the dentures was £l2 12s. Mrs Hodd brought in a cheque fur the t amount, hut when paying ihe account . borrowed £1 12s. the amount Doing , sued for. Plaintiff gave her a receipt for £lO 10s. which should really have been for £ll. The defence was that the stipulated price was £lO 10s, the amount for which Mrs Hodd held a receipt, o Plaintiff was non-suited. On an ape plication for costs hv Mr Hallett the t Magistrate said that in the first place o tile amount of the claim did not carry R costs, and in the second place he t would not allow them if it did. * CIVH, SUITS. s Judgment was entered up foi plain- , tiffs by default in the following civil 0 actions: —D. M. Finest v. Thomas n Lilo. £l2 10s sd. costs £2 18-: C. E. T. Woods v. C. Verran, £7 10s. costa e £1 16s fid. f The Magistrate refused to make s orders in three judgment summons applications.