COURT HEWS

Opotiki News, Volume I, Issue 119, 7 December 1938, Page 3

COURT HEWS

MAGISTRATE’S SITTING 1 OH A 11(1 E OK THJOKT The 'monthly, sitting; of the Opotiki Magistrate's Court was hold yesterday ho tore - Mr. K. 1.. Walton S.M. Air. James Lyon was charged that on or about 7th. August, at Riiukokoro, he .stole one cow, valued at £‘l2, the property of' .Mr. A. S win toil. The case was opened at the October sitting, of the Court and a further adjournment was granted at the November sitting to enable the defence) to secure a vital witness. 'l’he ruse was conducted by Sergeant J. Isbister on behalf of the police, ancl * Mr. K. C. Hast appeared on behalf of defendant. Mr. Host called Air. Christopher Hailey,'who said he had no occupation, and was a brother-in-law of Mr. Alan Swinton. He stated that he saw a cow with two calves. He was sitting on Mr. Lynn’s verandah and Mrs. Littlejohn, the housekeeper, was also there. He remembered the cow coming along with two calves. One call was billowing some distance behind. To Sergeant Isbister witness said he never actually saw Swintou drive the cow with two calves out ol the paddock. Mr. Hast said' it bad been proved conclusively that when Swihton came to tlu> house he took away the cow and calves. The Magistrate convicted delendant, who was tilled G 5 and witness’ expenses £7 os. He was also ordered to pay .£5 restitution and an order made for tint hide to be returned to the owner. Delendant was allowed one month to pay.

TUA Hl' 1C OK HON CHS Air. D. Brailey (Mr. Hodgson) was charged that at- Wairata be failed to keep to the left side of the road. Defendant pleaded guilty. Sergeant Isbister said that- on October 20, defendant was driving a. ’’truck and shortly alter passing Wairata. met the school' bus oil a slight bend. The school Inis pulled as lar to the left as possible and bit the bank, -The lorry was damaged in the collision, but fortunately no children were hurt. Defendant admitted lie was in the wrong and had no excuse to oiler. .Mr. Hodgson said it was a. case of defendant becoming too used to the road. Defendant was convicted and n> lino of .Cl. and costs 12s was imposed. Unlighted Cycle. Mr. Cl. Delaney was charged by Die police with rilling an unlighted cycle on 21th. November. Constable Hat hie stated that at 8. Id p.m. lie saw delendant cycling near the Ota-ra bridge. When defendant saw witness lie put on a torch. He stated that lie had just bought a. new bicycle. Delendant was fined and ordered to. pay costs. (In a further charge of having no rear reflector defendant was convicted and ordered to pay costs 10s.

Collision Near Toatoa. .Mr. J. Kklwards was charged with railing; to keep to tin? left oi the i'<>a<l while driving liis car. Sergeant Is•llister .said that on Hth. October. near Toatoa,, defendant collided with a not hi'c <.ar driven hy Louis Agassiz. I here M ils amphf room at the spot-blit the j-oad further hack was narrower. Mr. Hodgson said that Agassi/, idler hitting defendant.'s car liit the liiink. Kdwards wa s fined £1 ami costs .1 (is. j Unlicensed! Trailer. Mr. H. L. Antlerson wiis proceeded against hy .inspector Delves and ojiaigcd with using ii trailer without the required nujnher plate. 'l’lie insjiector said he saw the trailei being used near Waiotahi and there was no pla.te attached. MV. Bnnkall for defendant. said that Anderson had contemplated buying a trailer and was making a trial trip to test it out, hut he was not satisfied. The trailer had no demonstration plate. A fine or IDs and costs 11s was imposed. No Driver's License. Inspector J. 11. Delves charged 'fan Apiata with riding an Ariel motorcycle- without having a driver s license. He stopped defendant at- Opape on the 4th. October.- Defendant was lined os and costs. Mr. AV. Leslie (Mr. I lei) was chnrgVed hy Inspector Delves with driving :i motor-lorry with no warrant ol fitness. Inspector Delves said hr* stopped Leslie at Opape and there was no »

warrant of fitness, this being months oyerdue. Defendant was fined 10s and costs 255. Lorry Without Mirror. Mr. A. W. Turner was charged by Inspector 'Delves with operating a lurry without an observation mirror. Mr. Hodgson said that the lorry tin ct been hired to the JMY.'D. and had been used for some time. The mirror whs on when Mr. Turner handed over tin 1 truck and it had come off and had not been put on. Defendant was unaware of this. A fine of 10s and costs was imposed.

The Speed Limit. Mr. J\ Beckett .was charged with exceeding, the speed limit in a restricted area on November 25. Inspector J. M. M orel I said lie IVilhpved defendant along the street and the speed was I;| miles per hour. Defendant was coiivic-ted mid fined .£2 and costs.

Parking Over Fire-plug. Inspector Minell charged Air. Diehard Black with parking his ear over a fire plug. The inspector said lie had tried to find thw owner of tin* ear hut could not. The. ear was over the plug; for some considerable time. Lined 5s and costs.

Air. W. Dclamoro was charged with riding a cycle in Alain Street, without a light. Fined 5s and costs. Mr. H. Harrison (Mr. Bunkall) was charged liy Inspector .Motoll with -parking his car over a lire plug in Church Street. Air. Bunkall said defendant, had no knowledge of tin* offence: He had come into town and took a child to the dentist and did not notice any plug. In view ol the circumstances the magistrate said he would convict and discharge defendant. Dangerous Driving.

Air. J. Wilo.v was charged that on November 15. he drove his ear in a dangerous manner. A further charge of having no driver’s license was also brought- against Wiley. Inspector Alorell said he noticed tin* defendant driving his car in an erratic manner. He stopped him on tin* Waioeka bridge. Defendant also bad no license. When driving around Mr. Turner's corner, Wiley had cut Die corner and nearly collided with another ear. Mr. Hodgson, \\*ho appeared for defendant, said Wiley had had a very Jiar<l and long (.lay’s work and was more or loss letting the car—an old model—-drive itself. The magistrate- imposed a, line <d £1 with costs' oil the first charge and a fine ol os and costs on the second charge.

Negligent Driving. .Mr. I-. Agassi/, was charged uith negligently driving a motor car and entered a plea oil guilty. Sergeant .1. Isbister said that defendant collided with Mr. K’dwards and drove on and didn’t st op for some considerable distance. A fine of G.’t with ousts was imposed.

SKf.trKL TO COLLISION BOTH DUTY KBS KIN KD Mr. Aian Cameron was charged by the police'with negligently driving a motor-vehicle hy tailing to keep a proper look-ont. Arising out ot a collision with a lorry driven bv Lambert, Mr. Alan Cameron was also charged with failing to give way to a vehicle approaching from the right. Oil the suggestion ul Mr. Walton both charges were taken together. Sergeant Isbistcr conducted the prosecution on behalf ol the police. Mr. A. If. Lanihert said he was employed driving a lorry for Air. Ifeice. On November l he was driving along Bridge Stret in an easterly direction mid met a van at the intersection oi Goring and Bridge Streets. He wenhl not say that Cameron conld see him from 147 feet away. Witness said lie estimated that, he was driving at; Irani I,") to *2O miles an hour, He saw the van when it was quite close bob had no idea, of the speed of the van. He did not like to say it lint Im thought the excessive speed ol the van was the cause of the accident,. The van should also have given way. Witness swung around to try and avoid , a collision and "then applied Ids brakes. Tiis lorry came to rest in Goring Street and the truck was severely damaged. He did not appl> the brakes at first as ho thought, the collision would have been greater. The van was. still moving when the collision occurred. He did not blou hisy horn because he did not think it necessary. Mr. Last at. this stage said Im was appearing for Lambert. Cross-examined by Mr. Hodgson, defendant said the truc k would weigh about 2} tons unladen. He had been carting metal all morning from the (Continued ou Pago 4).

(Continued from Page 3). Otara river and had been going into the water. He did not think the brakes would be much worse for being in the water. He did not see Cameron until just before the collision—somewhere about six feet away, y A plea of guilty was entered ou behalf of defendant by Mr. East. Mr. Russell, war pensioner, said lie was driving behind Lambert’s lorry when the collision took place. Ho was driving at 30 m.p.h. and was not gaining or losing on Lambert. He saw the van some seconds before the collision took place. The bread van appeared to be practically stopped when the .collision took place. It was. raining at the time but visibility was good. From the distance the van did not appear to he going fast. The van was on the intersection first. Constable Ra.tl)ie said he topic measurements at the, scene of the celh-y sion. 'l.'he skid marks showed Cameron’s van’ skidded 33 feet before the collision and went on a further 50 after the collision. The lorry went on 99 feet before being pulled up. Cameron could have seen the lorry 127 feet away. Mr. Alan Cameron said ho was the driver for Mr. Guthrie, baker. He was driving down Goring Street and bad stopped at bouses. He was 33 feet away from the point of collision when he first saw Lambert and applied ids brakes. He was doing about 30 miles an hour at the time. The brakes were in good condition. After the collision he saw the brake marks. There were

no brake marks from the lorry. He asked Mrs. Hickey if she had heard the lorry’s horn and she said “No.” Mr. Walton; i think the truth of the .matter is that, neither was keeping a proper look-out. Each will be fined Jtl and costs. ,