RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXII, Issue 5152, 27 September 1877, Page 3

RESIDENT MAGISTRATE’S COURT.

Wednesday, 26th September. (Before H. S. Warded, Esq., R.M.) DRUNK AND DISORDERLY. William Green Smith was charged with being drunk and disorderly. Fined 205., or 48 hours’ imprisonment. PDBIOB3 DRIVING. James Adams was charged with driving at a furious pace in the public streets on Sunday last. The defendant did not deny that the hoises were proceeding at a rapid rate ; but he had lost control over them. Mr. Somerville, the prosecutor, said that the defendant had hired two ponies from him, and he was cautioned to be careful with them. However, he had scarcely left the stable when he applied the whip, and the horses commenced to gallop down Cuba-street. A gentleman had informed witness that he had better send after his horses if he wished to see them alive again, as the defendant was galloping them along the Hutt-road. Mr. Cattell stated that the defendant was driving so fast that witness thought the horses had bolted. The speed was so great that only five or six minutes could have elapsed from passing the toll-gate at Kaiwarra till Ngahauranga was reached. Detective Farrell gave evidence to the effect that he had never seen such furious driving before in the streets of any city. People were going to church at the time, and remarks were made as to the pace. Mr. Monaghan corroborated Detective Farrell’s evidence, and said there was no attempt to pull up the horses. Mr. Clayton had met the defendant on the Wellington aide of Kaiwarra, and remarked at the time to a friend that the horses evidently did not belong to the driver, or, he would not beat them in such a manner. The whip was being flourished, and the parties in the buggy were laughing and giggling. Mr. Hurley, one of the occupants of the buggy, stated that the defendant had lost control of the animals. His Worship imposed a fine of £2 with costs. COLLISION BETWEEN THE 3TORMBIRD AND ISABELLE. Lowther v. the New Zealand Steam Shipping Company—claim for £94 17s, for damage caused by the collision of the Stormbird and Isabelle. Mr. Travers, who appeared for the defendants, admitted the collision, but would pro • ceed to show that there was contributory negligence on the other side. In this case the N.Z.S.S, Company were sued for damages by the captain of the Isabelle. The facts were that when Captain Doile, of the Stormbird, was coming into Wellington on the Bth July, on a dark night, he came into collision with a vessel which had no light visible. The law was very clear that it was incumbent on a vessel to keep a light, and if it were proved that the vessel had no light that would be contributory negligence. Captain Doile, of the Stormbird, deposed that at midnight on the Bth July he entered the Heads, and proceeded to the wharf on the usual course. He was on the bridge, and the chief officer on the forecastle. The night was very cloudy. The steamer was coming in at half-speed, about five or six knots. The Stormbird came into collision with the Isabelle. The Stormbird did not strike the hull of the vessel; a foot or two more would have cleared the vessel. A bright light should be on the forcatays, capable of being seen all round. There was no light on the Isabelle, and he did not see her till a minute before the collision. He put the helm a-starboard, but there was not time to prevent the collision. The vessel was anchored, but witness would state distinctly that there was no light on the Isabelle. He heard no hailing till after he passed. The Stormbird's lights were burning at the time. By Mr. Quick : The vessel was in the man-o’-war anchorage. All hands were on the deck of the Stormbird, and she had rounded up to come alongside the wharf. He could see the lights on the wharf, and he was making for the outer T. It was blowing fresh. The Stormbird’s head was in the direction of Mills’ foundry when the collision occurred. The Isabelle was about a mile from the wharf, and he did not see the light on her till he came close to the wharf. One of the first remarks he made was that the Isabelle had no lights. He usually came into the harbor at six knots an hour. John Gibbs, mate of the Stormbird, deposed that he was on the forecastle head keeping a look-out on the occasion of the collision. He saw no light on the Isabelle. If there had been a light in the forestays he was in a position to see it. When about a length from the schooner he heard a man on the Stormbird sing out, “There goes her light now.” James Turner, night watchman on the Queen’s wharf, stated he remembered the night' of the collision. He saw the schooner’s light in the early part of the evening, but ho noticed no light on board just before the collision. He saw a bright light on the Isabelle when the Stormbird came alongside the wharf. The captain of the Isabelle had asked him the day after the collision if he saw a light on the schooner at the time of the collision. He said he did not. John Barnard, master of the Isabelle, stated there was a watch kept on deck at the time of the collision. He was then below, and ran on fleck, when he saw the watch at the forerigging. The steamer was not quite clear of the schooner when he got on deck. The first thing ho said was, “ Is the light burning.” The reply was, “The light is all right, sir.” He saw the light burning, and it was impossible that it could have been hoisted between the collision and the time he went on deck. The man on the look-out on board the Isabelle was a most

trustworthy man. Mr. Gibbs, mate of the Stormbird, in a conversation with witness admitted seeing a light in the direction of the schooner, but was not sure whether it was a shore light or a ship’s light. H. Weddie, who was at the wheel of the Stormbird at the time of the collision, deposed that he saw no light before the collision, but noticed it immediately afterwards —before they cleared the schooner. It was hanging before the foremast. Peter Andersen, a seaman on board the Stormbird, stated that he was amidships when the schooner was noticed. He saw the light of the Isabelle as soon as they cleared her. Another witness, who was on board the Stormbird, said that he saw a light. James Saunders deposed that he was the look-out on the Isabelle on the night of the collision, "When his watch commenced at 12 o’clock there was a good light on board the schooner. He did not take it down during his watch, and it was burning at the time of the collision. Some further evidence was given, and after counsel had addressed the Court, his Worship gave a verdict for £B2 11s. 3d., with costs.