CASE DISMISSED.

Hauraki Plains Gazette, Volume XXXVI, Issue 4864, 12 August 1925, Page 3

CASE DISMISSED.

ALLEGED NEGLIGENT DRIVING. WEAK POLICE INFORMATION. W. Tanner, Waihi. was charged at the Magistrate’s Court, Paeroa, on Monday, with driving a car along Waihi Road, Paeroa, on July 20 in a manner dangerous to the public. A second charge of driving at an excessive speed was also preferred against defendant. Mr C. N. lO’Neill appeared for. Tanner and pleaded not guilty. The charges were taken together, and on the application of the police all witnesses were ordered out of the Court. Jack Bertelsen, driver, Paeroa, said he was taking a cow to the abattoir's on July 20, and while on the way he heard ,a car approaching. He looked around ' and saw the car run over his dog and almost hit the cow. It was not possible to tell the number of the car, but he noticed that it was a red-cbloured Hudson, with' the figure 6 painted on the side. The car appeared to be going about 30 miles an hour. sAfter hitting the dog the car did not stop, but proceeded up the hill at a speed which' he estimated at 35 miles an hour. In reply to Mr O’Neill witness said that he had never driven a car, and judged the speed by the fact that he had .■ never seen a car travelling faster. It was going faster than a railway train, and was making a fair amount of noise. J. T. Walls, butcher, Paeroa, stated that on the day in question he was proceeding towards Paeroa and saw a' car coming from Paeroa at about 20 or 30 miles an hour. One of the dogs was run over by the car, which then increased speed. The car was a light green one, apparently a racing model, with a torpedo-shaped stern. The number was 91-217 or 91-271. Had the car been driven carefully the dog would probably not have been hit. >

Witness was examined at length in regard to the positions of the men and animals at the time. Corroborative evidence was given by V. Lumbye, farmer, Paeroa, who ■saw the car run over the dog. He estimated the speed of the car at from 25 to 30 miles an hour. It then increased its speed.. In his opinion a careful driver could have avoided hitting the dbg. The.car was a bluishgreen colour, with a torpedo-shaped stern, and had the figure 6 on. both mudguards. He had passed the car earlier in the day, and it had nearly run into the wheel of the vehicle he was driving. Constable z Olsen, Waihi, stated that he had interviewed the defendant and his father at Waihi and asked if he had run over a dog. The defendant had said that he did not remember running over the dog, but did remember passing the man=driving the cow. in opening for the defence Mi O’Neill said that the. locality was not a dangerous one, and the state of the road was such that a person would not drive fast. He would point out the youthfulness of the witnesses, and the "difficulty of estimating speeds. Counsel pointed out that a witness had stated that the back wheel had run over the dog, and it was therefore obvious that the dog had run into the car. - The car had not been driven fast, as owing to its light construe, tion it would have been damaged on such a rough road. The defendant, W. Tanner, motordriver, was then examined. He stated that he had been driving for three and a half years. He did not remember running over a dog on the day in question, but could remember passing the cow and its driver, who, had one dog. He was driving at between 15 and 20 miles an hour in a racing car, which was about six months old. He had not sufficient speed to get up the hil.l without changing down into second gear. The speedometer registered 18 miles an hour when he changed gears. He had not exceeded 20 miles an hour, .and could have pulled up had he thought it necessary. In reply to Sergeant Maclean defendant said hijs car was a very highgear. He had been in an accident would do 50’ miles an hour on second gear. H ehad been in an accident before, and had been convicted for speeding. His father had drawn his attention to the speedometer, which recorded 18 miles an hour, when it became necessary to change down owing to the fact that the engine was not going well. They arrived at Waihi at 5.5 p.m. In reply to Mr O’Neill witness said that he would not attempt to drive over 20 miles an hour with his racing car on the Paeroa-Waihi road, as it would be snaken to pieces. Samuel Tanner, Waihi, butcher, father of the defendant, said that the pace was not excessive. From Paeroa to Gentil’s the pace was 17 miles an -hour, according to the ispeedometer, and it was necessary to change down to go up the liill because the engine was pulling badly. He did not remember running over a dog, and did not feel a bump. It would be a very ■uncomfortable ride if proceeding fast

on that road. In reply to Sergeant Maclean wit- ’ ness said that ho had been spoken to by the police on two occasions with reference to his son’s driving. It had taken about an hour and twenty minutes to travel from Te Aroha to Waihi. James College, miner, Waihi, said that he was a passenger in the car, and on the whole trip the speed of 18 miles an hour had not been exceeded. They left Te Aroha about 3.30 p.m. and : passed • through Paeroa between 4‘.15 and 4.30 p.m., arriving at Waihi about 5.30 p.m. The Magistrate said that the case was a very weak one. The section of the Act under which it had been brought contained very severe penalties, and before he could convict he would have to have very definite evidence. If the incident of the dog being killed was eliminated, as a dbg could be killed by a car going at four miles an hour, there was only the evidence of the boys, and this was not expert or definite enough. The case would be dismissed. -