MOTORMAN FINED.

Hokitika Guardian, 19 February 1926, Page 4

MOTORMAN FINED.

FURIOUS DRIVING CHARGE. AUCKLAND. Feb. 17. ‘•So you are carrying the war into the enemy's camp!-” said .Mr Hunt. S.M., at tlio Police Court this morning. “Yes. that is so, Sir," replied Mr Thurlou- Field, who appeared for John Lewis Cunning, motor-bus proprietor. Gunning proceeded against Joseph Crawford Stewart, motorman. in the employ of the City Tramways, charging him with furiously driving a tram-car in Eden terrace on the morning of February Oth. Stewart, for whom Air A. M. Johnston, city solicitor, apuearei!. pleaded not guilty, (funning further charged Stewart with being the driver of a tram-car, a vehicle that was not licensed under the city by-laws. Mr Field stated that Gunning was driving his motor-bus up Eden terrace about 7.-Id a.m. on February Oth. As he approached Virginia avenue, several horse-drawn vehicles came out. Meanwhile Gunning’s bus worked out towards the tram rails in order to pasone of the horse-drawn waggons. A tranicar. not the defendant's passed him shortly before going in the same direction. Defendant’s train was sumo lengths behind when Gunning put out his hand, indicating that he was going over towards the tram rails to pass a waggon. The tram driven bv Stewart then speeded up and crowded Gunning’s Ims on to the waggon, bending one of tlio mudguards nl the bus ami scraping the top of the bus. Gimnim 1 signalled to the car to stop. t\ hoi: he later asked Stewart lor his name the hitter made an offensive reply. In his evidence. Gunning stated thal rile tram-car could easily have slowed up and travelled behind him.’ Repair' to witnesses’ Inis cost Cl IDs (id. Similar evidence, was given b.v othei witnesses, TIIK DEFENCE. The defendant. Stewart, ill his evi deuce, said that lie was proceeding in Eden 1 ern:ee at. the usual speed. Gun ning was not abreast of the lorry al t !, e lime. He teas behind it. 'A her elcse lie, and neliially hallway jiasl the Inis Gunning then put out hi; hand. Witness declared that lie novel struck Gunning’s Inis, and felt m bum]). (’Yoss-exaniinod bv .Mr Field. Stewarl admitted that lie might have told Gun ning to go somewhere when he wie asked fur his name. However, it iva; not Lis ti.uni practice to swear. Tile conductor on .Stewart’s train- < nr added that when Gunning put out his hand the motorman shut off flic power.

Air Johnstone submitted that there was no evidence to support the charge. Gunning had failed to prove l'.is ease. The facts spoke for themselves. It was admitted that Gunning was going at a slow speed, and also the ear, while it was also admitted that Gunning put out his hand. How. then, could such an incident as Gunning alleged actually happen ? Air Hunt: It behoves drivers of vehicles in the rear to he circumspect in overhauling other vehicles ahead ot them. The weight of evidence is ill favour of Gunning in this case. I think his story is most piohable, and Stewart, the trani-cnr motorman, will tie convicted and lined with costs £2 13 s. The other charge was withdrawn. | with £1 Is costs to the City Council.