MAGISTRATE’S COURT.

Taranaki Daily News, 17 June 1921, Page 2

MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING. BY-LAW CASES. The usual sitting of the Magistrate’s Court, New Plymouth, was ’held yesterday, Mr C. R. Orr Walker, S.M., presiding. A fine of £l, with costs 255, was imposed on Richard Giddy, who- was charg ; ed, ou the information of the county ranger (Mr. tB. Tippins) with allowing cattle to wander. There were two previous convictions for a similar offence against P. A. Openehaw, who was charged with allowing six cows to be at large in Smith Stre&t, Lepperton. Defendant was fined costs £1 os. Norman McKenna, who pleaded guilty to Tiding a bicycle; along the footpath in Young Street, was fined 10s, -costs: 7s. Dayer, an Indian, who rode out of a bicycle shop in Brougham Street, was detected going along the footpat/Ji' by Inspector King. He pleaded guilty,, pnd was fined 10s, costs 7s. PASSING STATIONARY TRAM. On the information of the borough in'speetor (Mr. R. Day), E. G. McDougall was summoned to appear on a charge of driving his motor car past a tram car on. the near side while the tram was stationary. X„

Defendant, who admitted passing thh tram, said that when approaching he thought he noticed the car moving oif, so he continued to drive on. When he got. up to the car he found it was stationary, but decided to drive on instead of backing out. He saw some people coming along Paynter’s Lane, and possibly the car had started and then stopped to wait for them. Inspector Da} 7 said he was a passenger on the ear on the night mentioned. He heard some people running to catch the tram, and: just as they were going to cross the road defendant drove through in his car. Witness believed that if he had not warned the people coming there would have been an accident. The tram may have stopped a little longer than usual, which would account for defendant’s miscalculation. McDougall was usually a careful driver. A fine of 10s, costs 7s, was imposed. ALLEGED DANGEROUS DRIVING. Arising out of a mishap to a cyclist on May 14, W. E. Hawke was charged with driving a motor ear in Devon Street at a speed dangerous to the public, and also that, when approaching a cyclist named Stevens, he failed to give warning of the approach of the car by sounding the horn. Defendant, who pleaded not guilty, was -represented by Mr. A. A. Bennett. The prosecution was conducted by Senior-Sergeant McCrorie. Evidence was given by H. W. Stevens, who said that he was riding a bicycle along Devon Street towards Fitzroy, and when passing a tram car, which was standing a£ the Hobson Street loop on the main line, he was run down by Hawke’s motor car. He heard no warning. and did not know of the car’s approach till it was right on him. He was carried along some yards by the car. and was bruised and sore for some days afterwards as the result of the collision. Witness was accompanied by his bro-ther-in-law, Spindler, who was also riding a bicycle. There was no room for Hawke’s car to pass between witness and the tramear. A. H. Fever, tram conductor, said he was on the Fitzroy car, and was just giving the signal to move off as the inward ear approached the loop, when he noticed Hawke coming from behind and strike the cyclist. Hawke would be going- at, about eight to ten miles an hour. D. A. McKay said he was working on a section near by when the accident happene<l. He estimated that Hawke’s car skidded a fair distance. There was a motor lorry standing on the road further down on -the town side, but this could not have had anything to do with the accident. Constable Hadler, and Mr. R. Day, borough inspector, also gave evidence. For the defence Mr. Bennett said that while approaching the cyclists, Hawke sounded -a warning, which was an exhaust whistle. There was a motor lorry standing on the left-hand side of the road near the entrance to the loop, and this to some extent obscured the view. Hawke passed round the lorry -at a slow pace, and then noticed the cyclists, when he immed.iat.ely sounded the whistle, lie passed the first man on a bicycle all right, and this cyclist, seeing the car, called out to his mate (Stevens), who, instead of continuing straight on, swung to the centre of the road, and was struck. Evidence was given by defendant on these lines. Application was made by Mr. Bennett for an adjournment of the ease in order to allow defendant to call further evidence. Counsel said Hawke had only been served with the summons on Saturday last, and therefore three weeks had elapsed since the occurrence. Hawke was endeavoring to trace a young man who witnessed the accident, and bore out defendant’s assertion at that time that the motoj ear was being driven slowly. His Worship adjourned the case to July 7.