MAGISTRATE’S COURT

Grey River Argus, 14 September 1937, Page 8

MAGISTRATE’S COURT

SITTING AT GREYMOUTH. The following cases were dealt with by Mr. Raymond Ferner S.M., at yesterday’s sitting of the Magistrate’s Court at Greymouth:— Walter Kennedy was charged with driving a car in Herbert Street on July 16, and failing to report an accident involving injury to Morgan Daniel Baxter. Defendant did not appear. Senior-Sergeant E. Quayle stated that defendant had collided with a cyclist named Baxter in Herbert Street. Baxter had told defendant he was not hurt, but actually lost a week’s work. Defendant was made aware of the fact that Baxter was hurt three days later and was advised to report the accident, but failed to do so.

A fine of £1 with 10s costs, was inflicted. George Eccles, for driving an unlicensed motor car, was fined £1 with 10s costs. The information was laid by Traffic Inspector J. W. Ro worth, of Westport. Samuel Case pleaded not guilty to a charge of driving a motor truck in High Street on August 6 without due care and attention. George Groom, butcher, of Cobden, said that, he got partly across the High-Franklin Street intersection when he saw defendant’s lorry about 70 or 80 yards away. The lorry struck witnesses’s horse and , cart throwing him out. Defendant s car did not appear to slacken its pace and hit the cart hard. Although it was raining, visibility was good. Constable G. S. Murray produced a statement made by defendant. Traffic Inspector Herbert Lane, stated that Case had told him shortly after the accident that he did not see the horse drawn cart until within two feet of it. Defendant, in evidence, said that if Groom had been watching he could have avoided the accident. He did not see Groom until he was within a few feet of him. Witness was well over on the left hand side, and was watching a car coming out from the left hand side.

The Magistrate said that High Street was a very wide one, and there seemed no reason why defendant should not. have seen Groom. He would be fined £1 with 10s costs. George Groom (Mr. W. D. Taylor) pleaded not guilty to a charge of failing to give way to a motor vehicle approaching the intersection of High and Franklin Streets, on August 6. Senior-Sergeant Quayle said that according to the regulations, a horsedrawn vehicle should stop and give way to motor traffic. Defendant admitted having seen the vehicle approaching and he had continued across the intersection. Mr. Taylor submitted that on the wording of the regulations, the prosecution must fail. The Magistrate asked, assuming Case would have been driving a butcher’s cart too, who would have had to stop? The senior-Sergeant: The regulation does not provide for that. The case was brought more as a warning to drivers of horse-drawn vehicles. The Magistrate said that there were important features in the submissions made and he would take time to consider the matter. Mervyn Gage (Mr. J. W. Hannan) pleaded not guilty to a charge of allowing a horse to wander on the main road near Paroa. Senior-Sergeant Quayle stated that at about 5.15 p.m.' on August 7, Mr. Coburn of Marsden was returning home in a car which was driven by his daughter, when a horse jumped out of a private road on the left and out in front of the car. The horse was struck by the car and had its leg broken. The car was damaged somewhat. The matter was reported to the police and Constable Cogswell in the course of inquiries found that the horse belonged to Mr T. Lalor, of South Beach. Interviewed Lalor stated that he had loaned the horse to defendent three or four years ago, and the horse was running in defendent’s paddock. Gage when interviewed said that he told Lalor to come and get his horse some time ago, but Lalor denied that. It was admitted that defendent had never returned the horse, leaving it in his paddock all the time. Evidence on these lines was given by Thomas Lalor, butcher, South Beach and William Coburn, farmer, Marsden and Constable W. J. Cogswell. Defendant in evidence said that the arrangements for the use of the horse were made with Lalor by a man named George Sparkes. Witness used the horse for about a fortnight when it broke down. It was a broken down horse. It was never used after that. The paddock in which the horse was situated was not used for grazing. Witness told Lalor the horse was broken down and was no good, and that he could take it home. Lalor told him that it was doing alright there, and that the grazing was not required so that it might as well stop there.

To the Senior-Sergeant; Witness admitted using the horse and not returning it. The horse was in Lalor s property about four months ago, and Lalor put it back in witness’s paddock. The Magistrate said that it was quite evident, in his opinion, that whatever was the footing on which Gage was retaining the horse, he nevertheless retained it in his paddock and was harbouring it, and was responsible for it in that sense in seeing that it did not wander on the roadway. Defendant would be convicted and fined £l, with 10s costs. Coburn and Lalor did not claim witness’s expenses.