BORDERLINE CASE

Taranaki Central Press, Volume IV, Issue 374, 4 March 1937, Page 4

BORDERLINE CASE

Dismissal of Charges Against

DroveK

“This is rather a case on the borderline," said the magistrate, Mr. W. H. Woodward, S.M., in the Stratford Court yesterday in dismissing charges laid by the Borough Inspeapr (Mr. H. Dixon) against Samuel Demchy. drover, Stratford. Defendant t'js charged with driving twelve Ijorses on East road in a manner dangerous to the public and further*, that being the driver of the horses he was away from them so as to be unable t<J have full control.

Mr. N. H. Moss represented the Stratford Borough Council and Mr. S. Macaiister appeared” for defendant.

The defendant, in evidence given yesterday afternoon, said he was instructed to lake the horses from Messrs. Newton King, Ltd.’s bazaar In Miranda street. There were six horses and a foal. He took them along Portia street and traversed the recognised stock route. At ' the Swansea road corner he saw a motor car coming along from the direction I of Toko at from 25 milts to 80 miles lan hour. The driver, Ireland, dtd not ’ stop until he was right to the horses. !He blew his horn and one of the ; horses lashed. Ireland’s statement I that the horses galloped at the car ■ was not correct. The horse was standing still. The tendency was for I a frightened horse to run away from ! a thing at which it was frightened I and not at it. For five years he had been driving horses and it had been I the practice to drive unbroken horses. | Mr. Moss: What control have you I got over six unbroken horses? ! Defendant: We just let them go along quietly. j Under further cross-examination defendant said that horses would not I break away from a mob. i Peter James Skousgaard, horse j dealer, Douglas, and owner of the animals confirmed the evidence given by the defendant in regard to the number of horses. "I don’t think this is a casq in which I ought to convict," said the magistrate. "There was some damage done but I am unable to say whether it was due to the way Tn Mitch the horses were driven." He could not therefore, convict on the charge of dangerous driving. As regards the second charge, Mr. W!oddMand( ®a!id is was Reasonable to expect that horses would break away from a mob and that they would have to be pursued and brought back. The second charge would also be dismissed. i