COURT INCIDENT.

Hokitika Guardian, 17 April 1926, Page 1

COURT INCIDENT.

G A QUESTION OF AN UNDERi TAKING. r : TIMARU, April 15. Exchanges between Magistrates and ’ counsel are not infrequent in law ■ Courts, but the calm serenity of the 5 Timaru Magistrate’s Court has not far :■ many years been disturbed iu suck a manner ns marked the closing stages of a case heard before Mr E. I). 51 osley, S.M., to-day, in which the public displayed a great deal of interest. For the greater part of t’ho day the Court ’ had been occupied hearing a charge against a motorist, that being the driver of a car involved in an accident causing injury he did fail to render all assistance possible and report the same to the nearest police station. On this charge accused was committed for trial, and the defending counsel, Mr A. L. Hanlon, of Dunedin, asked for bail. The Magistrate said that if granted hail would have to bo substantial, as it was not right that accused should be allowed to drive a car until after bo bad been tried. Bail was granted and accused was then charged with driving a car in a negligent manner and causing bodily injury. The Magistrate: Do you propose go ing on now? Senior-Sergeant Fahev: Will Monday suit your worship? Mr Hanlon: T was given to understand by the Inspector of Police that this charge would be held over till after the Supreme Court sitting. Tt would not be fair to accused to bear a charge involving a penalty of fiveyears’ imprisonment until lie lias been tried by a jury of his own countrymen. The Magistrate: There is something in that, too. I am not going to sit any longer to-dav. I want to be fair to both parties, though I will grant an adjournment until after the Supreme Court if you will give an undertaking that accused will not drive a ear in the meantime. Mr Tlanlon continued to argue that accused was entitled to fair treatment. The Magistrate: The Court considers there is a strong prima facie case to answer. Mr Hanlon: T don’t think there is. The Magistrate: That is only your opinion, Mr Hanlon, and it count for anything in this Court. Will you give an undertaking that accused will not drivo a car until after the Supreme Court session ? Mr Hanlon: Why should T give a personal undertaking. I can’t give an undertaking that accused will not drive a car. It is part of his living. If you want a personal undertaking ask accused himself.. 1 am not going to make myself responsible. The Magistrate: You are only hero, Mr Hanlon, in a representative capacity. Will you sit down? Mr Hanlon: No. I’ve a right to be heard. The Magistrate (turning to a policeman) : Will you ■ Mr Hanlon: I’ll sit down, but I’ll keexi on talking. The Magistrate (to accused) : Will you give an undertaking not to drive a car until after the Supreme Court ? Accused: Yes. The Magistrate: Very well. The case will be adjourned until May 13. The customary command “Silence! This Court, now stands adjourned,” was given, the crowded Court standing, with the exception of Mr Hanion. The .Magistrate: 1 am waiting for .Mr Hanlon. (To Mr Hanlon): The Court lias adjourned, Mr Hanlon. Mr Hanlon: Oh, yes, very well. Mr Hanlon obeyed the command, but resumed his seat almost immediately.