MAGISTRATE’S COURT

Grey River Argus, 1 June 1943, Page 2

MAGISTRATE’S COURT

GREYMOUTH SITTING.

Yesterday] morning’s sitting of the Magistrate’s Court at Greymouth was presided over by Mr. G. G. Chisholm, S.M. The prosecution was conducted by Sergeant R. C. Mcßobie. George Wright was lined 10s with 10s costs on a charge of allowing three horses to wander in the street at Dunollie on May 9. A first offender cnarged that on May 15 he consumed liquor after hours at the Dunollie Hotel, was convicted and fined £2 with 10s costs: Charles Pinn (Mr' J. W. Hannan), charged with supplying liquor after hours, at the Dunollie Hotel, was convicted and fined £lO and costs 10s.

Charged with procuring a .44 repeating Winchester ritie without a license. James Edward Boddy, made an explanation which was treated as a plea-of guilty. Sergeant Mcßobie said that defendant, who was 17 years of age, worked on a dredge and lived alone in a hut. The. rifle was taken from his parents’ home without their permission. Enquiries had been made when neighbours complained of shooting at night. Defendant also had a shot gun. He had shown himself to be enterprising in manufacturing powder for the gun. Defendant stated that he used the rifle for target practice and goat shooting and did not realise that he was outside the law. Defendant was fined £1 with 10s costs. i

On a charge of having no warrant of fitness, Laurie Hall Wilson (Mr. Hannan) pleaded guilty and was lined 5s with 10s costs. James Francis Cleveland Moore, medical practitioner, was charged that on February 27 last he parked a motor vehicle on the Main Highway in front of the Omoto Racecourse in a prohibited area. Mr. I-iannan, who appeared for Dr. Moore, pleaded not guilty. ’ •!«■. J. W. Richards, Transport Department Traffic Inspector, said that on. the day in question, races were being held and he put up signs prohibiting the parking of vehicles near the entrance to the course. Defendant and several others parked their cars in the prohibited area. To the Magistrate: Parking was prohibited for several chains on each side of the entrance to the racecourse. Fourteen ordinary notices and two big placards were put up. To Mr. Hannan the inspector said that he was not present when the car was parked. Defendant’s was the first of five cars and was further away from the gate than the others. One of the notices was about ten feet behind the care and there was another about twenty feet in front of it. Mr. Hannan said the only evidence they had was that the car was there and' that traffic signs had been placed there. The- inspector nad not said on whose authority; the signs were placed there. Mr. Hannan contended that under the regulations it had to be proved that the signs were maintained there by a controlling authority, and the Court had not had that proof before it. Inspector Richards said that the Main Highways Board was the controlling authority in question and his warrant gave him the authority to erect the signs. , x Mr. Hannan said that any deeis’on to make a prohibited area •ould have to be done by resolution if the controlling body were a local authority. It did not seem right that the Traffic Inspector had the right to erect such signs as ne thought fit. The Magistrate adjourned the case for a fortnight so that the inspector could bring evidence to meet Mr. Hannan’s objections. Mr. Hannan would have the right to submit further argument after the inspector had been ..eard again. Frederick Alexander Warrenf Mr. TTpnnon) was charged with failing to keep his motor vehicle as near as oracticable to the left of the roadway bn the Grey Valley road, between Greymouth and Taylorville, on April 1 IclSt. Hugh Emanuel Higgins, assistant engineer to the Grey County Council, said that on April 1, he was coming towards Greymouth on the old road on the Coal Creek side of the Grey River when he was involved m a collision with defendant. He had crossed a one-way bridge and was noing round a 1 bad corner in a cutting when he saw defendant’s car approachixig on its wrong side. Witness stooped and the approaching car swerved' over to its correct side hut struck the right-hand side of witness’ car. When witness first saw defendant's car it was about 20 to 36 yards away. To Mr. Hannan: When he got off the bridge he was travelling at about 18 or 20 miles an hour. The right hand fight and mudguard and the right-hand side of his bumper were hit, and witness’s car was carried across to the other side of the road. Defendant’s car ran into the bank. Witness drove in a straight course after crossing the bridge, ine distance from the end of the bridge to the rear of his car when the impact occurred was 31 feet. The width of the formed road would be about twelve or thirteen feet. To the Magistrate: Witness was making a left-hand turn. Constable McQuarrie detailed measurements taken at the scene of the accident. He marked the point at a snot where the left hand front wheel of Hisgin’s car was three feet s'x inches out from the bank. The vnnd uftpen feet six inches.wide, with an nddit'onai foot of water ini-1 p P’l each side. Mr. Hannan ■■•■■’d there was no evidence that de-fend-n’ was not travelling as far to the-loft as he could get. If Higgins’s left hand front wheel was three feet six inches from the bank his right hand wheel would be well over the centre line of the road. Defendant, in evidence, said that he was in the wheel ruts previously, '■W on eom’ng to the corner swung over to the left where he was as close as was practicable to the ditch: He was on his correct side when first saw Higgins’s car in the centre of the roaa and about 20 feet away. There was no water table on Higgins’s side.

The Magistrate, saying _ that he could not convict on the evidence before him, dismissed the information.