RIVERTON COURT

Southland Times, Issue 21101, 5 June 1930, Page 3

RIVERTON COURT

CHARGES AGAINST MOTORIST.

ALLEGATIONS NOT SUSTAINED

(From Our Correspondent.)

At the Riverton Court .on Monday, before Mr C. E. Levvey, S.M., James S. King was charged with being intoxicated while in charge of a motor car on the Tuatapere — Te Tua road, and with negligent driving. Mr E. Russell appeared for defendant, and Inspector J. P. McCarthy for the police. J. A. Mclntyre gave evidence that on May 23 in company with Mr J. Wylie, he was driving along the road. As they ap proached the hill another car was visible coming towards them. W'itness was tra veiling at about six or seven miles an hour on low gear. Where defendant’s car collided with the one driven by witness the metal road, was about 17ft wide. Whilst on the side of the road defendant’s car ran into witness's. Witness was cut about the hands. He opened the door of King’s car and asked King if he was injured. There was a strong smell of liquor about. King said he had received a crack on the stomach and felt dazed as a result. King blamed witness for causing the collision. To Mr Russell: It had been raining just before the accident, and was a dark night with no moon.' He had about two years’ experience with cars, and was travelling at about seven miles per hour when the collision occurred. , Defendant smelt of liquor but could not be called drunk; he appeared to be dazed or muddled.

To the Inspector: The lights were coming straight towards witness. King appeared to have had some drink. J. Wyllie, missionary, Orepuki, who was in the car with the previous witness, stated that defendant was about 30 yards away when he noticed the lights of another ear. His driver (Mclntyre) was well to the side of the road, and, in his opinion, the accident was due to King’s negligence. The car was badly damaged by the impact, the mudguard, radiator and spring being more or less damaged. King, who appeared to be dazed, did not leave his car. There was a smell of liquor when witness approached the door of the car. In his opinion no accident would have occurred had defendant taken ordinary precaution as the road was wide. Constable McCulloch stated that he interviewed defendant, who smelt of having had liquor. He admitted having had two drinks, but witness would not say that he had taken too much. There was ample room on the road for both cars to one another in safety.

Mr Russell said there was no evidence against his client of being in an intoxicated state while in charge of the car, and this was borne out by the lad Mclntyre and the missionary’s evidence, hence the charge must fail. As regards the other charge Mr Wyllie had admitted that the lad was driving because his (Wylie’s) sight was weak, and it was quite possible to suppose that the stronger lights of the other car had caused confusion. He maintained that the cause of the collision was due to negligence on the part of Mclntyre. James S. King, the defendant, deposed that" he had been driving cars for about 15 years, and had never before been in trouble. He left Orepuki after 9 p.m., the night being dark and misty, and there was no moon.- The lights of the other car were noticed when it was about 20 yards distant, and he was travelling in the middle of the road, at about 15 miles per hour. He thought he had passed the ot,her car just when the crash occurred. Witness told Mr Wyllie that he was “winded,” but denied being the worse for liquor. Wyllie and his companion then went in search of Constable McCulloch. To the Inspector: Witness knew the road well, as he had frequently driven over it. When he saw the other car approaching he kept to his right side of the road. W. J. Henderson, motor mechanic, Tuatapere, gave evidence as to the damage sustained by the car. In giving judgment, the Magistrate said it appeared to him that one or the other had been dazzled by the lights. He could not convict on the evidence before him, and both charges would be dismissed. Breach of By-Laws. Inspector Horsham proceeded against a number of persons charged with breaches of the borough by-laws, Mr J. A. C. Mackenzie appearing for complainant. J. Mulqueen, for driving a motor car at a dangerous speed in Riverton, was convicted and fined £2, with costs 15/-. Charles Hughes, who was similarly charged, was convicted and fined 20/- with costs 20/6, R. Shirley, for the same offence, was fined £2 with costs 20/6. Don Lorrimer was convicted and fined £3, with 20/6 costs for speeding. Kathleen V. Finnegan, who was charged with failing to have a. distinguishing mark on her car, was fined 10/- and 10/- costs. John A. Mclntyre, a youth, for driving without a license, was fined 10/- and costs. Mary J. Witsey, for allowing a cow do wander, w’as convicted and ordered to pay costs —10/-. Polluting a River. E. A. Trail, manager for Trail Bros, and Smythies, was charged with allowing sawdust and other refuse to flow into the Pourakino River. Mr Eustace Russell appeared on behalf of the Acclimatization Society, and Mr Tait (instructed by Mr E. B. Patrick) for the defence. Mr Russell stated that this was'a similar case to the one heard a short time back by the Magistrate, and the present one had been adjourned on account of the illness of the defendant. The facts were that Ranger Evans had paid a visit to the mill, and had found that a creek full of sawdust was coming down stream. Quantities of old sawdust were piled on the banks of the Pourakino river, and the water Was greatly discoloured. The firm, he said, could easily get rid of the refuse without allowing it to reach the river. George Evans, ranger for the society, stated that in February last he had inspected the stream near the mill. There was a steady flow of old sawdust working down the stream. The water was discoloured, being of an inky colour, while there was a disagreeable odour about it. He suggested to the manager of the mill hoW- an improvement could be effected as regards getting rid of the refuse, and he had replied that he'would sooner close down the mill (han do so, as the river was only used by a few fishermen. Witness paid a second visit to the locality, when conditions were the same as on the previous visit. E. Duncan, ranger, corroborated the evidence of the previous witness.

E. A. Trail said he was manager and one of the proprietors of the mill, which- was situated on the banks of the Pourakino River. - His firm had been operating there for some years. There were also two old mill sites nearby. The sawdust and refuse which was gaining admittance to the stream was coming from the old mill sites, not from the present firm’s. Clifford Bryce, farmer, Waipango, said he knew the stream which was known as the Mag, and emptied into the Pourakino. He had fished in the Pourakino for many years, and during the whole of the period he had never seen a dead fish.

To Mr Russell: He was not a permanent employee at the mill, but assisted the owners occasionally when they were extra busy or short of hands.

The Magistrate convicted and fined defendant £5, and ordered him to pay costs amounting to £3 13/-.