MAGISTRATE'S COURT.

Hokitika Guardian, 9 June 1923, Page 2

MAGISTRATE'S COURT.

FRIDAY, JUNE Bth. (Before Wm Moldrum, Esq., S.M.) LICENSING ACT. Police v. Richard P. Willetts, a charge of procuring liquor while prohibited and with committng a trespass on tho premises where his wife lived, during tho currency of a prohibition order. Defendant pleaded guilty, and made an explanation. After hearing Scrgt King and defendant’s wife, his Worship said fining him did not appear to be doing any good. He would givo n final warning and if lie came up again ho would get three months imprisonment. Convicted and discharged. DEBT CASES.

E. Teirhclmann (Mr Park) v. A. Muir claim £0 16s Cd. Judgment for plaintiff with costs 29s Od. Wm. Zeigler and Co.. (Mr Pilkington v. J. Neanie, claim £4 9.s lOd. Judgment for plaintiff with costs 31s 6d. An’ application was made by tho Health Inspector (F. Varney) for commitment of an old woman to the Old Peoples’ Homo, owing to her inability to look after herself and in her best interests. His Worship made the order asked for. COLLISION CLAIM. H .Tones (Mr Joyce and Air Sellers) v. F. M*. Shatlcross (Mr Hannan) claim for £SO damage caused to motor cycle, as the result, of a collision with defendant’s motor car. Evidence was led as follows: Henry Jones deposed he was the licensee of the Railway Hotel and plaintiff He was in possession of a motor cveie of his nephew, who said witness’ son could use it. On 29th. August witness was at his front door and saw a car coniine: from the railway bridge down Weld St. travelling very fast. It came on the wrong side of the street. When witness saw his son on the motor cvelo he was about 6 feet in front. The motor car swerved out very fast aim there was a scream, and lie saw the motor bike being dragged about a chain. When the car puffed up they had to get a jack to lift the motor car off the bicycle. , To Air Hannan.—He did not hear the motor hike starting. The motor biKe, travelled about 20 yards till it was lnt. There was a hole in the road where tno bike handle struck the road. Henry Jones, Junr., son of plaintiff, deposed he had some experience as a motor mechanic. On the day in question he took the motor hike and went out of the right of way h\; the fnutshop about 5 p.m. Put the hike in lo near and got on and was pushed off the footpath by two friends. lut oil power and then saw a ear coming » the clock car, on tho wrong sale. Witness went across the road to get out of (ho wav. hut tho car struck the bike and lie'was thrown and the bike was drawn about 25 yards. Mr SimUcross was driving the car. V\ itness was not travelling more than 3 to 4 miles an hour. If Slmllcross lmd gone on as lie was the collision would not have taken place. Witness had often ridden the

motor bike. , , To Air Hannan—Had ridden the hike 30 or 10 times. The bike was bought in Christchurch and was practically new. generally easy to start and easy to steer. He came out of the ymrd and wen;, straight across the street. \\ as 17 vears of age. To His Worship—Tho hike was not starting too well and so he got his friends to push him off. Sidnev Richardson deposed lie was an hotel-keeper at AVataroa. On Aug. 29th. snw Slmllcross driving a car Mas nt the Railway Hotel door. Jones drew his attention to the car coining. It was travelling at about ff-i inilcs an hour. It came down Mold St am crossed on the right-hand side of till clock-tower, alongside the hotel. Hear* a shout and then saw the motor bike coming out. and Slmllcross swerved out into the road and there a collision took place the bike being carried about 35 vards. He saw no reason why the car did not conic along the proper side of Mr Hannan—lie thought when tho lad saw the car ho was in the_track of the car. The car was about oor b feet off the kerbing ol the hotel. Christopher Bergamim deposed he was n motor mechanic. He knew the motor cycle. It was worth £3o before the accident. It was worth about £o now. Was iu the garage and heard the impact of a collision which took place about the middle of the road in front of Laughton’s shop. He jacked the car up to got tho motor cycle out. The car must have been going at a fair rate of speed to have taken so kmc to puff up after the collision. Ho gathered it must have been travelling about 30 miles an hour. To Air Hannan.—A motor cycle travelling 3 to 4 miles should be able to pull up in about its own length. Sidnev Clements deposed he was managing director for Clements Motors Ltd. Heard a noise and ran out to the door and saw a motor car with a motor cycle underneath. It was not possible to take out the cycle witliU, To a Mr'Hannan.—lf the lad on the cycle had gone towards Revell St., the collision would not have taken place at the spot pointed out as that of impact that day. To Mr Joyce—There was nothing to prevent the'car driver going along lus proper side. Edward C. Toohey deposed he was a motor mechanic. Knew the motor cycle damaged. Valued the machine at £35. Ho estimated repairs would cost £34 16s. . . For the defence Air Hannan raised several law points questioning jurisdiction and liability, the latter owing to the position of the parties when the collision took place, and then led evidence

as follows: — Frederick W. Shallcross deposed he was the defendant. On Aug. 29th ho crossed into Weld St. in his car at about 15 miles an hour and when near the clock tower at between 18 and 29 miles. Had a clear view of the road. Saw cars in front of the garage anil seeim' there was no other traffic toon, the ndit side of the clock tower. \\ hen corner of Jones’ hotel saw the motor cycle coming out apparently turned towards witness and witness at enco went out into the stieet swelling to the left. Saw the cycle coming across the street, and had the impression the cycle was behind witness. Iho hov seemed to tie undecided in his m ments and that Tie took a zig-zag course. The front wheel of the cai struck the cycle, but only the front mudguard showed signs of damage and that was not. much. Had. slowed dow n a little before the collision If boy had turned to the loft he would have had plenty of room He- was about 15 feet from Jones footpath as lie passed the hotel. To 411- .Tovec— He did not know the Borough byelaws limited speed at tho intersection of Weld and Sewell Streets to 8 miles an hour. There were two cars side bv side in front of tho garage. He put on the brakes immediately after he saw it was impossible to miss a collision. Jones started to cross the road when he saw witness, when Jones was about 6 feet from the kerbing. Assuming that he travelled 3o yards a - ter tho impact, it would mean that he was travelling more than 20 miles. Phvllis Shallcross deposed she with‘her husband in the car. They passed quite close to the clock towoi. Saw the hoy on the motor tjtl . appeared to be coming owards the clock 1. Her husband then swerved towards the left. The cyclist then moved t-»* cross the road. The collision took place about a foot from the kerb ng near the bakery shop. They travelled "Vo"»ihi» on the grass near the footpath. Eileen Hannan deposed she was m Mr Shallcross’ car. Ihe load • clear except for some stationary cars at the enrage. Snw r the cyclist conn towards the clock and he then appeared to lose control and went acioss

"“to Mr Joyce.—The place near the side of the road. The cat went at a moderate pace. Gerald .1. Turtill depose*| cycle mechanic at (• i e > • thoutdl t examined the motor cy t • the repairs could he done for £- • This was the case for defendant Hi, Worship said he would hear M Joyce on the law points raised b> Mr Hannan in opening. , After discussion the cast " as journed till Tuesday - >• ‘ ldre ‘ ss mouth when counsel ait the Bench o n -the law points invoked.