JUDGE IN BOX

Hokitika Guardian, 4 March 1933, Page 6

JUDGE IN BOX

CHIEF JUSTICE AS COMPLAINANT

MAGISTRATE DISMISSES CASE

WELLINGTON, February 29. Incidents that occurred on the Hutfc Road on Sunday, December 18, resulted in Herbert J. S- Rickard, u chemist, being charged in the Magistrate’.: Court with driving'in a manner which might have, been, dangerous to the public. After hearing the evidence of Sir Michael Myers (Chief Justice), his chauffeur, Mr Avery, traffic officer, and several witnesses for tho. defence, Mr J. G,.-. L. Hewitt, 8.M., said im thought ,thei;e was room, for doubt, and accordingly dismissed the charge. Defendant, who pleaded not guilty, was represented by Mr P. H. Putnam. The city solicitor, Mr J. O’Shea appeared for the. traffics department. Sir Michael- Myers said that on the j afternoon in question he was driving front Upper Hutfc. Reaching Lower j Hutfc his attention, was drawn to a j brown car in such,, a way as to make j

hint direct his chauffeur to keep in touch with the car and not lose sight of it. There had been two or thiye incidents which made him give tha-c instruction, and one in particular. Sjr Michael gavej instances of this car drawing- out of the: traffic line to pass other errs in a manner he considered

: dangerous. “.!. felt I had a public duty,” said Sir Michael, “It was what seemed to me to be such * piece of reckless driving as to be a menace to the road, so I instructed my chauffeur to report the matter, at the same time saying that if my evidence were required I would give it.”

For tlie defence, Mr Putnam submitted that at some stagd or other Sir Michael Myers and his chauffeur had become confused with brown cars. At some time when the offending car 1' was getting back into the line of traf- ( fic the continuity of their vision had been interrupted by the cloud of dust, and they had mistaken the defendant’s ear, the number of which was . 4*200, for the guilty one. Defendant, his wife, and a passenger in the cal' 1 , Mr John Ellis, ■?.• retired district superintendent of the London and North-Eastern Kailway,denied, m evidence, that the defendant’s car had

ever been in the position described by Sir’Michael Myers. Mr Ellis said that he had travelled all the way from Auckland to save what he . thought might be a wrong being done. The Magistrate : Well, I shall treat this case a s an ordinary case. One of the witnesses i.‘j the Chief Jutice. I dismiss that fact, and I shall just regard him as an ordinary witness, I then say to himself, ‘Well you have | had five or six honest witnesses altogether,- can you convict?’ I say definitely, no, and the charge must be dismissed ”