COURT NEWS.

Hokitika Guardian, 3 November 1928, Page 6

COURT NEWS.

DAMAGES CLAIM

OVER MOTOR ACCIDENT,

WELLINGTON, Nov. 2,

In the action by Margaret Motley, a claim for £134 damages, for injuries received by the upsetting of a seivice car, evidence was given for the plaintiff by one witness that he had been asked by the driver to take a file and puncture a tyre, so that he could say that he had a “blow-out.”

Evidence was also given that the defendants, M bitfield and Elliott, both owned cars which were run under the name of Whitfield’s Motor Service. A man named Galt had been buying a car from Elliott, but the arrangement ceased in December. Elliott told witness he was finished with Galt, until he found £l5O for the defence.

It was contended that no negligence was shown by the driver and that Whitfield and Elliott did not own the car, but that Galt did.

The driver, McClelland, in the wit-ness-box said ho was employe 1 by Galt, and not by Whitfield or El 1 i ft. Galt had engaged him lor a iortniglit. Plaintiff’s counsel produced a statement of defence that was filed in July, in which McClelland admitted he was ompoyed by Whitfield and Elliott, and, in reference to this and to McClelland’s denial that he had asked a witness to puncture the tyre, counsel asked which of the two was committing perjury.

McClelland said the other was ly-

Counsel asked if this other witness had perjured to get McClelland and the others into difficulty. “You,” he said, “are 23 and have no assets.” Witness also denied the truth of some of the other evidence for the plaintiff, and lie was asked by counsel if he was accusing these witnesses also o. nerjury.

Counsel : What have you committed : Is it perjury or is this statement of defence of yours I have put in wrong: f give you up. ,

McClelland, re-examined, said ho had not seen the statement- of defence filed in Julv.

DAMAGES AWARDED. WELLINGTON, Nov. 2

Tn the Motley case, the- driver, McClelland, admitted that the receipt for fares given to the plaintiff bore tlm name of Whitffcld’s motor service. Evidence was given that one. Allan, was not told to puncture a tyre, but only to pick up some spare parts lying on the ground. Witnesses also said tho accident was consistent with a b’owout.

At the close of an hour’s retirement, the jury found McClelland was negligent. and that lie was liable-, as also was Elliott, the owner of the vehicle, but Whitfield was not liable ; and they awarded £450 general damages, and C 57 15s special damages.

LAX METHODS. WELLINGTON. Nov. 3

A clerk. George Ashton Fcrgusson. was found guilty in the Supreme Court-to-day. of stealing electrical goods valued at £l4 from the National Electrical and Engineering Coy. Ltd. The jury recommended that the greatest mercy be extended to Fergusson because of the lax business methods of the firm. Sentence was deferred till Monday.

EX-CONVICT CHARGED. AUCKLAND. Nov. 2,

After a retirement lasting over two hours, tbe jury in the Supreme Court returned at 11 o’clock to-night with a verdict in the shop explosion ease, exCon.stables Thomas Francis Carroll, and Sydney Francis Waters being found guilty of arson, and not guilty of conspiracy to defraud. Carroll was also found guilty of a charge of making a false insurance declaration. James Tait, tax-driver, was found not guilty on both counts and was discharged. The jury recommended Waters and Carroll to mercy, and both ver remanded for sentence until Monday.