ON THE ROAD TO MANGAHAO.

Shannon News, 12 February 1926, Page 3

ON THE ROAD TO MANGAHAO.

MOTOR DRIVERS "NO DECISION" BOUT. •Til finish you oil: by crushing you over the bank." These words, allegedly used by a ~ Adce car driver, one William Cochrane of Shannon, to William Richard of Mangaore, would convey that lAe two were not on the best of term. and the conveyance in this instance would be on the right road; they weren't. However, .being ventilated the whole dispute before Mr. J. L. Stout S.M in th . Palmcrston ■ rsoith Magistrate's Court yesterday, _ where each denied any animus against the other, the breath-catching road should be free from any added danger on that score. t Mr Oram, for Jay .laid a series of alternative informations embodying the statement quoted obove , and sought to have Cochrane (Mr. Ong. ley) bound over to keep the peace, as compainant declared he was in tear of bodily injury. . The date of the contretemps which had its sequel in Court was January Ji 1926 and the scene the post office hill at Mangahao. Defendant pleaded not guilty. • After a good deal of, legal argument us to the status of the information che ease having been previously adjourned to allow of these ' being emended the Magistrate allowed the aearing to proceed. Early In The Morning. Wm. Richard Jay, motor proprietor, said he had been running a service between Mangaore and Mangahao since the beginning of December. Defendant had. also been running, but .i-ora Shannon ,aml starting at about mid-day. Plaintiff inaugurated an .-ariy morning service, in connection ,vi'h the delivery of the Palmerston paper, and defendant elected then to run practically to the sae time-table Cochrane had shown resentment at witnesse's competition and had twice prior to the date under 'review, used threatening language to witness. On January 11, Cochrane was behind witness going up, to Mangahao and ahead of him on' the return journey. n-ie road was very steep, with two .-sharp- bends, ': At the first bend, there was room 'for four cars to pass abreast and witness had any amount of room to pass, but defendant would i'Ot allow "turn, cutting the corner anci Keeping ahead. The second bend was much sharper, and was usually described as the hairpin bend, at which defendant had to back to getround. Witness, however, with his smaller car, did not need to back. He pulled up the hill behind defendant, and in ordinary circumstances, fully expected he would have been given the right of way, but defendant cut in front of him, "wearing one of his silly grins." Defendant pulled up when they reached, the Post Office at the top of the hill, at Lhe narrowest part of the road, effectually'blocking hits route. Witness politely asked him to let through defendant's reply being abuse, to theeffect that "he could be dirty too." Witness had a hospital case, a child, in his car and on this being pointed out to defendant, the latter eventually gave way, at the same time, witness alleged, using the words that v. ere th e foundation of the complaint. Jay considered Cochrane was capable of "carrying ou litis threat ,the latter's car being the heavier, and .witness was in actual fear of bodily harm.

To Mr. Ongley, complainant said it was a practice of all using the route for the rear passenger vehicle to pass if the front one pulled up. If defendant was going at the pac e his counsel suggested,- he was not a safe man to be on such a road. He declined to give any eJstimato of de-

fendant's pace prior to approaching tho first corner. When he got to the Post Office, defendant completely obstructed the road. If defendant had wanted to .allow witness to pass, he need only have pulled up nine feet further back, where ther was ample loom. Witness denied making any reference to putting in the dirt, the remark coming from defendant, "You have been putting the dirt into me, Jay, I shall finish you off by crushing you over the bank the first chance I get." Words to this effect had been repeated twice. Witness repudiated the suggestion that his object in bringing the prosecution was to secure a conviction against defendant, in order to get his contract cancelled, lie wanted fair play on the road, and really did believe his life was in danger. v ' Over- The Mil. 1 Harold George Wallace, labourer, of Mangahao, a passenger in the complainant's car .deposed that at the summit of the Post Office hill, de. lendant placed his bus right across the road, thus blocking all traffic approaching from either side. Complainant pulled up, saying, "Hey mister don't come at that!" Cochrane replied: "Don't say, too much to -me. I've got a bigger bus than you and I shall push you over the bank." Cochrane appealed for confirmation of Jay's statement regarding the hospital case, which witness gave. Coeh. lane looked a bit angry. Witness had no feelings against the latter. He had done business with both men and intended to continue friendly relations. Witness did not think, from ids'point of view, that Cochrane was capable of carying out his threat, which owing to Ih e nature of the road, was potentially one oi murder. Such a threat .however, would certainly be easy to put into practice. Witnesse's impression of defendant'saction in pulling across the road at the Post Office was to prevent Jay's passage. 7<\ Calvi-Freeman. metaphysician, was placed in th 0 box, but his evidence was ruled out as irrelevant. Mervin Jais Astwood ,aged 14 years, said he was a passenger from Mango-bao-ni Jay's cur. Cochrane pulled up across the road, complainant being unable to pass. WitnesU heard the worcUs "I'll finish you off by crushing vou the .bank," and generally t.upporto dthe vesion' of the two previous witnesses, with the addition that. Jay's parting shot had been. "You'll hear more about, this."

Mr. Ongley submitted that it was important that the complainant, to succeed, must prove that there was danger of bodily -harm to him and that such a case had not been made out. The eal reason was that Jay considered he was being don e an injustice in not being given the right of waywhen he found there was room to pass. He was instructed that defendant's emarks wee in the nature oi a worning that Jay should not try to pass. P.W.D. Should Contoi It was submitted by Mr. Oram that there wtas a case of to answer.. '.I lie eßnch: "I think both should be bound over." Counsel contended that no, ili-fel-ing had been disclosed on tho v part of complainant to merit such a cuscourse against him. There was no reason why he and his wife and family should suffer anxiety because of the threat.

Mr. Ongley declared Cochrane had no animus against complainant. The Magistrate said the , Public Works Department should make special rules for such roads as the Mangahao, route. and if any drivers were "playing up," they should be ordered off the road and their contracts cancelled. Defendant in the box, deposed that h c took up the delivery of a Wellington paper some days after Jay started. He was to have commnced some days previously, but the arrangements were faulty and collapsed He began his run. on December 4. The first intimation witness had that complainant was behind him was at the first bend, where witness became "rather annoyed" on acount of complainant's attempting to pass him. At the Post Office, there was room to allow Jay to pass. Witness's reply to Jay was that it he came at those stunts (on the other corner) he would be getting pushed over the bank, but. no threat was conveyed iu the words. Witness did not'believe Jay- had a hospital case in his car until he got confirmation from the passenger Wallace. ■ Under cross-examination, Cochrane declared he had pulled across the road at the Post Office in order to turn.

The eßnch expressed its disbelief of this statement .repeating that the Public Works Dpartment should make special provisions against people playiny such tricks on the road. Evelyn Hooper, married woman, residing at Mangahao, deposed that site had heard Cochrane say "Don't put that over me ugain, or you'll find yourself over the bank," These words she remembered distinctly, though she had no recollection of any conversation before nv after that inci-

dent. , Florence May Matthews, married woman, of Mangahao, stated from the box that she had stopped defendant on the morning under, review, opposite the Post Office, and was stand, ing between the two cars. Cochrane hud said to Jay: "Don't try that on me or you'll find yourself over the Hill" and Jay replied, "You're quite all right, you'll bear more about this." Referee Gives a DrawIn summing uli, Mr. Stout said the ease was obviously the outcome of a dispute between two drivers, because one would not willingly give way .to the other, and no doubt there had been a certain amount of friction between these two men on that day. jay had tried to -get past Cochrane and the kilter bad later put his car in such a position that Jay could not pass. Altixough they had done thebe

things, however, h c could see no reason for the Court to interfere. I l.avu no doubt that Jay opened the ball at the top of the hill, and I think i can tt'ku it from the weight of evidence that Cochrane referred to Jay a vmuf at the lower bend," said the Magistrate. What the Court had to decide was whether Jay was reasonably in fear of bodily injury- He was i-ot satisfied Cochrano's remark constituted a threat, and defendant would hardly be in a position to carry it out, unless Jay attempted to pass him. It came to this, that Jay wanted to frighten Cochrane into giving him icom whenever he wanted to ge. ahead. As he was not convinced Jay was in any danger, the case would be dismissed, and each party would be responsible for its own costs. It seemed to him that such men, each with his work to do, should he. have reasonably tnd decently one to tne other. Both were to blame.