MAGISTRATE’S COURT

Hokitika Guardian, 13 March 1929, Page 5

MAGISTRATE’S COURT

WEDNESDAY. -MARCH .13th. (Before IV. Mcldrum, Esq., 5.51.) DEBT CASES. A. C. Chesney (Receiver of Crown Lands Revenue) v. Frank Hawke, j claim £lO (Js 3d. Judgment for plainI till' with costs 235. j S. J. Preston (Mr Park) v. N. Roch- : ford, claim £(i Bs. Judgment for j plaintiff with costs 345. j J. .... Beaton (Mr Murdoch) v. Cam!oro» (Mr Joyce). Air Alurdoch ask|ed for ail adjournment, which was granted on payment of costs of the defence. DISORDERLY CONDUCT. The Police charged a Rinni resident with disorderly conduct during an entertainment and with being drunk. Mr '.Murdoch for defendant pleaded, guilty. Defendant was fined 3s and costs 12s on the first charge and 20s and-costs 10s on the second. •MOTOR REGULATIONS ACT.' Police charged J. 'Cantrick with leaving his motor car facing the wrong way and without lights at night. Fined 3s and costs 10s on the first and ordered to pay costs 10s on the second. ARMS ACT. Police v. Cecil' E. Sparkes. a charge of having possession of ail unregistered firearm, a- smglc-lutrrcledi f.lintgun. Fined 3s and costs 10s. LICENSING ACT. Police charged ten residents with being on licensed premises (Post Office Hotel) unlawfully after hours, and they did not appear. Seven were ordered to pay costs 10s and one 12s, two others were lined 20s and costs 10s. Same v. two residents (All Nations Hotel, Rimu) similar offence. One to pay 10s costs, the other 12s. Same v. four residents (Club Hotel) same offence. All ordered to pay costs 10s. A prohibited person for whom Air .Murdoch appeared, was charged with obtaining liquor and pleaded guilty. Ordered to pay costs 10s. The Police charged E. T. Cooke, licensee of the Dominion Hotel, with employing an unregistered barmaid. A plea of guilty was entered. Ordered to pay costs 10s. CYCLING ON FOOTPATH. On a charge erf .riding a cycle on a footpath S. 0. Dalzell was fined “■ and costs 20s (id. Sv,JTH ROAD INCIDENTS. Police v. John P. Hansbury (Mr Joyce), charges of assaulting J. Shannon, with using indecent language, with his lorry not having a periscope, with not having a warning device attached to liis lorry and with failing to give room by moving to the left side of the road. A plea of guilty was made to not having a horn and not guilty to the other charges. Constable Randall gave evidence that he was proceeding south near Evans Creek in a motor lorry driven by J. Shannon. Saw a motor vehicle driven by defendant that stopped in the middle of the road, preventing Shannon passing. Hansbury came along and accused Shannon of spreading an untruthful report which Shannon denied. Shannon asked Ranswury to move his lorry off the road to allow him to pass and Hansbury refused. The latter appealed to witness and lie (witness) told him he thought lie could move over several feet. Hansbury then used indecent language, and also used threatening behaviour. Hansbury refused* to move his lorry, and used abusive language to Shannon. Hansbury bad an axe in his hand and threatened to brain Shannon. After a struggle between Hansbury and Shannon witness took the axe away. Then Hansbury backed his lorry up a hill about 20 chains, where Shannon was able to pass, though he could have passed if Hansbury°had drawn off to the side before. Did not see the necessary mirror. Hansbury had a load of lambs. There was room to pass if Hansbury had swung over a lew feet, as Shannon could have gone. past with one wheel on the side. To Mr Joyce: He did not measure the width of the lorries. The road was about eighteen feet wide. He pointed out to Hansbury that he could have gone over three to four feet more without danger. Hansbury took the axe out of the lorry to show that the mist of the road was soft. He cut down six to eight inches in gravel when lie stopped. Witness asked Hansbury if his brakes were in good order and Hansbury said they were. Witness told Hansbury to keep the jot T y off the. road till witness had tin brakes examined. When Hansbury v. as abusing Shannon the latter told him to stop or he would smack him, constable or no constable being present. Hansbury threatened to brain Shannon and it- was then witness took the uxe away from him. James Shannon gave evidence that lie was a- motor lorry driver, employed hv A. Nai'cekivell. He was going soutli for lambs and met Hansbury near Evans Creak. Saw him coming over a mile away. Hansbury stopped in the centre of the road and witness could not get past. Witness as ec lor two feet and Mm could get-past. There was plenty \o' solid road <n Hansbury to pul! three feet with safety. Urged ™ om but he refund H T abused him and;T;AT rws,ld Wl , 1 an axe. Natural seized axe and HanHm' constable taking thWve.F'^f hansbury first used the gW I of the r oa«|i mpe on H anshury’s " .• no horn.. AlwayvH&’F Imry on tli<» * "''ed all the road. |f|llk llL ‘

for Hansbury to back five chains fo enable witness to pass. There was ample room for the two lorries to pass. Hansbury asked him to go Lack a couple of chains, but he refused. For the defence, Mr Joyce led evidence. John P. Hansbury gave evidence that he was a carrier residing at Ross. On the day in question he had a two dock lorry load of 75 lambs. Saw Shannon coming. When Shannon passed the turnout, witness stopped. The turnout was where they passed the motor cars. The road was a twelve feet one. There was no chance of passing except "at the turnout. Stopped the lorry in the road. Went to the Constable to ask him to get the other driver to pull back to the turnout. The Constable insisted the road was all right. The Constable used an unseemly word to him and lie told him be would report him. Got the axe to slu-w the depth of the gravel. Shannon went towards witness’ lorry and witness told him to keep away. if witness had pulled out a couple of feet be would have been stuck. Witness bad had an experience with another load with another driver when he got stuck and caused considerable damage. All Shannon had to do was to back about two chains. Witness’ brakes were in perfect order. The Constable told him- not to go ipn to te road till be fixed his brakes. Went in to . see Sergeant King and -next morning was told lie could go on. the road again. ; Witness used noS had language at. all. He had a periscope on for over Twelve months. Ha Ye; got no horn, but could be heard a. long way away, * lit was the custom ifor.itlie empty lorry to give way to the .loaded lorry. Jt was liis first experience in 23 years that sucli was ■ not , the case. . To Sergt. King: Shannon -,was a good driver. -He heard the say there was gravel wliei'e ;hc cut; but it was mud be came'fb. v The Constable told him riot' to f 'gd the road again with the lorry. The' periscope was fixed on the front of the lorry, but was not satisfactory. The first bad language used was by the Constable. He did not threaten Shannon with the axe. He had warned his men not to pul! off at a dangerous point as it only meant riiaking n trap for danger. > John Owen deposed he was roadman for Evans Creek district. He knew the road where the lorries stopped. Tire; formation is (twelve feet and metalling about eleven feet. The turnout was 2£ chains from the place. Hansbury went back 20 chains on an up and down grade. He did not think they could have passed at the point where they stopped. '■ If the lorry had gone off' the beaten track it would have gone down to the axle. His Worship in giving judgment said in regard to the charge of assault there was only a conditional threat upon Shannon doing what ho had no right to do. The charge w4uld be dismissed. The indecent language charge was not sustained. It was not indecent hut may have been, insulting, i Charge dismissed. . , . ' The charge of not having a reflector was not sustained. - ; The main charge was of failing to give proper road room. Under the circumstances in the case of a Ipaded lorry the driver was entitled to. keep on a safe portion of the road. .Shannon should have stopped at the turnout. The merits of the case were-all with Hansbury and the charge would be dismissed. On the charge of not haying a horn, that was admitted, and he would be fined os with costs l?s.