DOMINION NEWS.

Hokitika Guardian, 8 December 1927, Page 3

DOMINION NEWS.

(By Telegraph—Per Press Association. HUTT ROAD FATALITY. CHARGE AGAINST DRIVER,

WELLINGTON, Dee. 7. In connection with the death of Mrs Annie Watson, on October 12th. when a bus ran off the bitumen on the Hutt Road and struck a pole, wrecking the vehicle, the driver. John O'Callaghan, was charged to-day with negligent driving, causing her death. Mrs Henderson repeated that before the accident a packet of tickets fell from beside the driver, and that lie stooped to pick it up "ith his right hand. She also repeated that as the matter was one of such importance, she decided not to mention it to anyone until the formal inquiry was held.

Counsel said the evidence of another bus driver would lie that O’Callaghan was sitting upright at the time of the accident. He asked could that he reconciled with witness’s statement. Witness said it was not her business to reconcile his statement with her's. After evidence had been given on the same lines as at the Coroner's Inquiry. Mr Page intimated that there was no need for O’Callnirhan’s counsel to address the Court. “This charge is a criminal one,” said Mr Page, “and there must lie a strong and probable presumption of guilt before it can succeed. I do not think that any jury would convict on the evidence, and T propose to dismiss the charge. T would like to say that the bus was in good order when the smash occurred, and that the driver was experienced and sober.”

Mr Page said there was one other thing he would like to refer to, and that was the question of posts on the highways. In his opinion, they should he removed, and placed in close to an adjoining property. It would make the roads far safer in New Zealand, if legislation were passed so that a policy could be gradually introduced to eliminate such a danger from the roads.

SOLICITOR REBUKED. HAMILTON, Dec. 7. “There is not the slightest justification for those proceedings, and T cannot express too strongly my disapproval of them,” commented Mr Justice Hordman. in strongly relinking Mr W. Noble, solicitor, of Te Kuiti, for instituting a Supremo Court action on behalf of a plaintiff, at Hamilton today.

“An extraordinary feature is that defendant was about to exorcise his power of sale when the negotiations were entered into with a mortgagee for a settlement, the terms of which were signed by Noble,” proceeded His Honour. “Acting for plaintiff, he withdrew the imputation of misrepresentation by execution of the document, in which complete contractions were made. How the plaintiff now has been put to the expense of a baseless Supreme Court action, alleging misrepresentation, is for his solicitor to explain. The unfortunate man will have to pay costs of litigation in which he had no right to he involved.” sharply commented His Honour. “And his solicitor must accept responsibility.”

JEWELLER’S CLAIM UPHELD. WELLINGTON, Dec. 0. In a civil action hv P. N. Denton, jeweller, against W. Littlejohn and Son, claim for £1399, the principal argument centred round the sum of £607, which the plaintiff claimed, remained owing to him under an agreement. A will and a letter referring to it. also entered into the case, and this letter the Judge described as the keynote of the case. He found for plaintiff for costs and goods supplied. On a counter claim, lie entered a formal judgment for defendants, without costs, ns lie doubted the necessity for the claim.

DAMAGES AWARDED FOR A LEG NEW PLYMOUTH, Dec. 7.

The full damages claimed (£1298) were awarded Thomas McLeod White in tbe Supreme Court to-day. "White was riding a pillion on bis brother’s motor cycle when they collided with the Takapuna Company’s bus near Wnitara Plaintiff’s leg was smashed, and had to he amputated. A peculiar position arose when it was discovered that one juryman was a member of the firm, acting as booking agent for the Bus Company. The Court, on counsel’s objection, dismissed the juryman, and tho case proceeded with a panel of eleven.

DRUNKEN DRIVER IMPRISONED. CHRISTCHURCH, Dec. 7. Mr Mosley, S.M., in the Rangiora Court to-day. imposed a sentence of 14 days’ imprisonment on Donald McLean. a farmer, convicted of being in charge of a car while drunk, driving a motor car without a license, and procuring liquor during the currency of a prohibition order. Counsel for defendant stated that McLean’s license had been cancelled by the Court for a previous offence. He asked that a fine lie imposed, but tic Magistrate said his attitude in such cases had been well advertised, an 1 he could not depart from it, as he had a duty to perform to the public. ' ROYAL SHOW. CHRISTCHURCH, Dee. 8. Tbe balance sheet for tbe Royal Show held in Christchurch shows a profit of £2109.

BANKRUPT CHARGED. GISBORNE, Dec. 8. Israel Gelhor, charged with breaches of the Bankruptcy Act by contracting debts amounting to £129 with live Gisborne firms, without reasonable expectation of ability to pay and with failing to keep proper hooks of account, pleaded guilty. The Crown Prosecutor stated the accused had been four times previously bankrupt. The Magistrate said small firms gave him credit. Nearly every firm in C.isborne seems to be on the list. Accused was remanded until to-morrow for sentence.

ESCAPED {PRISONER .RECAPTURED. AUCKLAND. Dec. 8. The escaped prisoner William Henry Grant was recaptured at eleven tn-dav at tbe rear of the Church of Christ in Ponsonby Road. Although suffering from an injured leg sustained in dropping from tho Mt. Eden Gaol wall, he offered a show of resistance to two arresting constables. Grant slept in the Western Park, only a few yards from the Newton Police Station. LAUNCH LOOMED. AUCKLAND, Dec. 8. Anxiety for the safety of the fishing launch. Dolly, reported yesterday to he long overdue on her voyage from Auckland to Whangnrei. was removed bv the news that the boat was seen at Hawaii on Sunday, with two men. The Dollv left Auckland on November 2-2nd with H. Maslen and T. H. Hook aboard.