THE TRAM CASE.

Dominion, Volume 7, Issue 1934, 17 December 1913, Page 8

THE TRAM CASE.

SPEED OF THE CAR TOO FAST." In the Magistrate's Court vosterdav, Mr. \V. G. Riddell, S.M., continued tiio hearing of tho case in winch John Paton, a tramway motorman, was charged with assault and negligent driving on November u. The substance of the cliargo was that Paton dravo liiß car into a special constable's horse in Willis Street. Mr. P. C. S. Macassoy prosecuted, and Mr. H, F. Q'Leary defended. Evidence for tho proso;ution had been hoard on Monday, and yesterday tho evidence for the defence was» taken. Duncan M'Gillivray, tramway inspector, stated that he was standing opposite the "Evening Post" when Paten's car passed by. There was nothing in defendant's driving or conduct which called for comment. If there had been witness would have, noticed it. Observation of this naturo was one of tho duties which ho- was performing at tho time. Ho had cautioned another driver just previously. Ho had always found Paton a satisfactory driver. Tho defendant, John Paton, then gave evidence. He said that lie bad been driving ears in Wellington, Diffledin, and West Australia for 14 ,yoar3. On tho occasion in question he was driving a Brooklyn car down Willis Street towards tho General Post Office. Ho first met the special constables near Ghuznee Street, whero ho slowed up to avoid collision with. them. Near the "Evening Post" a horso fell en the road some yards in front of his car, and ho pulled up well clear of it. Afterwards lie drove 'along Willis Street at about ton miles an hour. He was not a member of the Tramway Union, and .was about the only tramwayman outside the union. , George Charles Gordon, bootmaker's employee, deposed that Paton was driving very slowly; his car was just crawling along. John Andrew Jamioson, a. tram motorman who was driving on the other line when Paten's car approached tho "Evening Post," deposed that a horso foil about five yards in front of Paton's car, but the car did not touch it. Tho horses were prancing about at the time, and sonio tried to out in between two ears. _ I John Stevenson, confectioner, swore positively that only one horse foil near tho spot in question, and that horso was not struck bv Paton's car. Tho horse slipped on the rails or the woodblocks, and the car was then some. yards off. Sidney Edward Jones, fireman, engaged at the Empress Theatre, stated that Paton's car did not knock the horse down. This testimony was also corroborated by Sydney Munns, who was standing near Jones, The Magistrate dismissed the charge of assault, but fined Paton &2 on tho charge that ho drove down Willis Street (from the "Evening Post" to Stewart Dawson's corner) too quickly, On this poiut His Worship accepted tho evidence of the City Engineer (Mr, W. H. Morton), who was in the witness box on Monday. Paton was hot re- ' quired to pay the Crown's witnesses' expense*.