MAGISTRATE’S COURT

Hokitika Guardian, 21 August 1930, Page 5

MAGISTRATE’S COURT

THURSDAY, AUGUST 21. (Before W. Meldrum, Esq., S.M.) DEBT CASES. Judgment if or plaintiff with costs was given m the following cases: — Wild and Bassett (Mr Eleock) v. Albert Cropp, claim £2l Os 2d and costs £3 15s 6d. Same v. Albert Searle £1 2s 9d and cost 10s. Same v. R. Honey, £2O 9s and costs £4 Is Gd. LICENSING ACT. On charges of being unlawfully on licensed premises after hours the following were dealt with : Four persons (Keller’s Hotel) two fined 20s and costs 10s each, and two 40s and costs 10s each.

Six persons (Railway Hotel). Two were ordered to pay costs 10s each, two to pay costs 12s each, one was fined 20s and costs 10s, and one fined 20s and costs 12s. Seven persons (Three Mile Hotel). Four were ordered to pay costs 10s each and three were fined 20s and costs 10s. The Police charged A, Naneekivell,

(Mr Murdoch) licensee of Railway Hotel with exposure of liquor after hours, A plea of guilty was entered. Fined 40s and costs 10s. The Police charged Walter Newey of Three Mile Hotel,' (Mr Murdoch) with sale of liquor after hours. A plea of guilty was entered. Fined 20s and costs 10s. BOROUGH BYE-LAWS. W. E. Gaylor, Borough Inspector (Mr Park), charged Albert Adamson with driving a motor car without a license. Fined 10s and costs 20s del. Same v. William Lloyd, a charge of riding a cycle at night without a light. Fined os and costs 20s Gd. Same v. E. Mereweather, a charge of driving a car in a dangerous manner. Fined 20s and costs 20s 6d. Same v. T. J. Stuart, a charge of failing to keep the right side of the road. Fined 5s and costs 20s 6d. Same v. Rovce Williams, a charge of not having a tail light to his car. Fined 5s and costs 20s 6d. A DEFENDED CASE. A. ,T. Sloss (Mr Park) v. E. 3. Roberton (Mr Joyce) a charge of negln gently driving a motor car on March 27th. A plea of not guilty was entered.

Gilbert Joseph Murtha gave evidence lie was a taxi driver for Mr Spiers. On 27th March, left for Wainihinihi for mails. On the way up picked up lerence Teen at Traceys. Delivered the mail and left at 11.30 on the return to lvumara. About a mile on the homeward journey was struck by a sedan car driven by Roberson. Was driving at Id miles an hour. Saw a car approach at Rocky Point, about two chains aWav. Put oh the brakes aiid pulled into tlie Water table. When lie was just about stopped the other car struck his cm*. H pressed witness’s car against the rocky wall, damaging the mud guard and running board, and stopped about 9or 10 yards away. He was going at about 20 miles an hour. It was a dangerous corner, but defendant should have passed without hitting witness. When he first saw the defendant’s car, it was near a dangerous sign post. There was a wide turnout nearby. Was in the water table when the other car struck that of witness’s. Spoke to defendant after the accident. Did not hear any horn blown. Asked defendant to come and look at the wheel marks of his car, but only looked at the damage to the car. Defendant said he wanted to truck his car at O'tira. Went back to Wainihinihi with Mr Roberton to report the accident to Kumara. Mr Fitrgerald walked back with witness. Found Bernard Teen there, also Molly Tracy. Pointed out the marks of both cars. Could trace the wheel marks back to the sign post. The day was fine and road in good order. Later other cars passed, quite easily. Next day went out with Mr Sloss and showed him where the accident occurred.

To Mr Joyce.—Defendant was driving on his right hand side when first seen. The front wheel right hand side cap was torn off and front mud guard, and running board damaged. On the left side the mud guard was damaged. More damage was done on the rock side. He took defendant’s name and address. When he took Mr Sloss out, could not see any marks of defendant’s car. Did not tell defendant he was going steady enough.' Henry Hutchins gave evidence of making a plan of the locality. The width of the road was 16ft 4in to 17ft. The plan was made on 7th August. The metal portion of the road was about 9ft Bin. Plenty of room for two cars to pass.

Terence Teen gave evidence that on 27th March he was present in Spiers car when the accident happened. They met another car at Rocky cutting corner. Their car was travelling 15 miles an hour. The other car when first seen was about 48 yards away. The driver of the car witness was in pulled into the bank and pulled up. The other car kept on coining. When first seen the other car was near the danger signal, keeping in near the hill on the right hand side. He ran into our c.«r and knocked our car against the rocky bank, and smashed it'up-badly. Murtlia asked Roberton to come and look at the wheel marks but he did not do so, only looked at the car. Our car went about 15 yards before being struck. The other car had about two feet to spare. After striking them the other car went about ten yards. No alteration has since been made to the road. Bernard Teen, gave evidence. He s aw the car going towards Otira. It was travelling 30 to 05 miles an hour.

Saw Spiers car approaching Rocky Corner. As it did not come, on went to see the reason. Saw Spiers car in the gutter, smashed about a bit. Saw the marks of both cars. There was room to pass. Molly Griffin gave evidence of visiting the scene of the accident shortly after. Spier’s car was against the rocks. Saw a blue car passing their house and remarked that it was going very fast. Garrick Fitzgerald gave evidence. Saw Spiers car against the rock. There was about 3ft 6in to '4ft of clearance for a car to go past where the car was Spiers car travelled about half a chain olf the road before it was struck. Various distances were given of particular distances in the vicinity. Alfred John Sloss, Traffic Inspector, gave evidence of visiting the scene of the accident. Shown place by Murtha. Marks showed he had pulled off road 25 feet from place of accident. There was plenty of room to pass at 20 miles an hour. Was of opinion the inan travelling to Otira was at fault. There was a good two feet clear. Murtha has a license to drive.

To Mr Joyce.—lt was after the police had not taken action that witness laid the charge. He knew nothing about the Insurance Company and Spiers. The charge was brought for the purpose, absolutely of stopping speeding. His Worship said it appeared the charges were laid on the wrong section. There was no place where defendant could not see 40 feet. It was not a place where visibility was not possible. He had no option therefore but to dismiss the charges, No costs were allowed, PIANO REPAIRS. Bristol Piano Coy. (Mr Sellers) v. Cyril A. Harrison (Mr Murdoch) claim for £5. 10s for repairs effected to a piano.

Spencer F. Brown, tuner and representative of Bristol Piano Coy, gave evidence that he had called at the house, saw Mrs Harrison and examined the' piano. Srtid the price would be £5 10 for necessary repairs. Was autli- \ orised by Mrs Harrison, and did the work. Later Mr Harrison saw witness and authorised him to proceed. Later when he called on Mrs Harrison for payment she said she would not pay as the work was not done. Mrs Harrison gave evidence that she was the owner of the piano and saw Mr Brown in regard to the tuning. He said the cost would be £5 10s. She agreed. He took away the action, and returned it, and tuned £he oiano-. When thb piano was completed, the piano was not playable from a musician’s point of view. Told Mr Brown so at the beginning of the month when he called. He said he had left it in good condition. Did not send word to Mr Brown to come and attend to it, as they were not satisfied with his work. Before Mr Brown had called, a week or fortnight after he had fixed the piano, got Mr Howell a tuner to put the piano in order, He did so and charged 7s 6d. He made it playable. Have been using the piano ever since, dt had not been tuned situ*, Cyril Arthur Harrison gave evidence that the piano was never h’s. Ho saw Brown and made a fuss about the charge. When the piano was brought back it was not playable. He engaged Mr Howell who made it playable.

George Heppell gave evidence that he was a piano tuner. Had examined Mrs Harrison’s piano. Found it playable. It had not been refelted. It was in fairly good order and in tune. He was referring to the felting of the hammers. To Mr Sellers.—He had never done any re-centreing, and could not give an estimate. Mr Brown (recalled). —Stated the action was re-centred, cost £3 to £3 10s. The key frame was re-felted, 17s 6d, tuning" 10s 6d, regulating 12s 6d, cleaning ss. At Mr Murdoch’s request the case was adjourned ’"to enable Rebutting evidence to be called.