MAGISTRATE'S COURT.

Taranaki Daily News, 21 February 1919, Page 7

MAGISTRATE'S COURT.

(Before Mr, A. Crooke, S.M.), ARMISTICE DAY ACCIDENT. MOTOR DRIVER BEFORE COURT. Arthur Jones was charged, on the information of the police, with, on November 8, in Devon Street, being the driver of a motor car, tliSt he did fail to keep as near as practicable to the footway on the left hand side of the road. He was also charged with exceeding the speed limit of 12 miles per hour Sub-Inspecter Hutton prosecuted, and Mr. A, H Johnstone represented defendant, who pleaded not guilty Tile sub-inspector, in opening the case, stated that its hearing had been delayed on account of one of the girls, who had been knocked down by defendant's car, being in the hospital and unable to give evidence earlier Mr. Johnstone objected to any reference to an accident, as defendant was not asked to answer any such charges, and asked that the evidence should deal strictly with the matters with which accused was charged. Evidence was then given by Walter Iverson, bootmaker, who stated the street was crowded with people, it being the morning of the false news of the signing of the armistice He saw a car being driven along Devon Street towards the Post Office. It had a number of men on board, and was going at an excessive speed. He was standing in front of Ward's shop on the north side of the street. He saw two girls, who brushed past him, attempt to cross the road, and get knocked down by a motor car The car was on its wrong side of the road, and was travelling at from 12 to 15 miles an hour. He did not know who was driving the car. In reply to Mr. Johnstone, he said people were crowding on to the roadway on both sides, and motors were rushing up and down at considerable speed. The big fire engine was also in the procession, and there was a general commotion of joyousness. He did not think any car was travelling at less than 12 miles an hour on that morning. In reply to an interruption by the Bench as to what bearing the latter question had on the case, Mr. Johnstone said it went to show that if the case against accused was proceeded with, them everybody else who was driving that morning should be prosecuted. He marvelled that anybody in the street escaped from accident, the way the cars were driven. It was a scandal that the defendant should be singled out and a charge brought against him. He submitted that it was evidently for the purpose of making evidence for a further action against him. lurnjnjgl to tbe sulb-inspector, Mr. Johnstone asked why action was not taken against other drivers. Sub-Inspector Hutton: Because I had no report about anyone else. Evidence was given by S. L. Symons and George Tippins, who alleged that the speed of the car was excessive. The former said defendant's car was on its right side—the latter placed it between the two sets of tram rails. Doris Branden and Elsie Lammerton, the two girls who were knocked down by the car, also gave evidence. They stated that, they went to cross Devon Street just in front of Ward's shop and were knocked down by a car that was on its wrong side. In reply to Mr. Johnstone, neither of them could say just exactly where they were when the car struck them. Mr. Johnstone held that there was no evidence that defendant had failed to keep as near to the footway as practicable. The crowding of people on to the road made it extremely dangerous to attempt to keep near the kerbing, and traffic was forced more to the centre of the road, where there was just about " 'ii for the two lines of vehicles, one up and the other down the street. The evidence as to speed actually proved nothing, as he claimed it was impossible for any ordinary person, without, laying a trap, to say whether a car was travelling 12 or 15 miles ail hour, and none of the witnesses said more than that the rate was up to 16 miles. The Magistrate said there was a case to answer, and evidence was called. Arthur Jones, defendant, chemist's assistant, Wellington, who in November last was employed by Teed and Co. New Plymouth, said he drove a car belonging to his father along Devon Street on the day in question There were eight or nine persons on the car. A big bell on the car was, being sounded all the tune. He drove up as far as Strandon, the fire-engine being in front of him On coming back, he kept as near to the left-hand side kerb as the crowds on the streets would allow Coming down the hill the emergency brake was kept half on. At the Imperial Hotel corner he slowed down as a vehicle or some people passed before him. When the accident happened his car was on the eft side of the street, his right wheels were between the left-hand set ot tram rails. He saw the two girls rush out from behind a car going in the opposite direction. People were rushing about all over the roadway that To Sub-Inspector Hutton: The car stopped a few paces after the accident happened. He could not say if there was a car close in front of him just when the accident took place. He could not see what was behind him, but believed other cars were following. He was quite certain he was not on his wrong side of the road. Chas. Ed. Honeyfield, farmer, South Koad, who was on the car at the time of the accident, said it was on the lefthand side of the tramline. There were people crowding out on to the road and the driver was keeping as near to his proper side as possible. To Sub-Inspector Hutton: He would not attempt to guage the speed of the car at the time of the accident. Similar evidence was also given bv Harold M. Harvey, clerk, H. Anderson, warehouseman, both of whom affirmed the ear was not on its wrong side. The Magistrate stated that it was a very difficult thing i'or people standing on tic roadside to .guage the speed at winch :i oar was travelling, and it was n fine distinction to fix the speed at between 12 and 'ls miles an hour. He considered on the evidence he must dismiss both informations.