INGLEWOOD.

Taranaki Daily News, 11 July 1922, Page 8

INGLEWOOD.

MAGISTRATE’S COURT. COLLISION IN PASSING. The monthly sitting of the Magistrate’s Court was held at Inglewood vesterday, before Mr. A. M. Mowlem, S.M. A case of interest to motorists and users of the public highway arose out of a series of charges brought against two motorists, who were concerned in an accident near Egmont Village on the night of t May 20 last. Hugh *C. ‘Fake pleaded not guilty to charges of negligently driving a car, and driving a. car without a tail light. Roy Hurlestone pleaded guilty to a charge of driving a motor truck without a tail light, and not guilty to a charge of failing to keep # as near as practicable to the correct side of the road. The charges were all dealt with together, Constable Longbottom appearing for the police and Mr. W. A. Sheat for the defence. Constable Longbottom said that two motor vehicles, one driven by Hurlestone and the other by Fake, were proceeding along the Junction Road in the same direction. It was alleged that Hurlestone’s truck had no tail light, and that Fake, in attempting to pass, forced Hurlestone’s truck off the road, causing certain damage. A. P. Marsh said he was riding on Hurlestone’s truck On seeing the car coming behind Hurlestone pulled well off the road, but Fake’s car struck the truck on the front wheel. When the collision occurred witness was sure that Hurlestone’s right hand wheel was on the left of the centre of the road. Roy Hurlestone gave corroborative evidence. He said that the car coming behind did not sound the horn and seemed to swerve across in front of the truck, striking it on the front wheel hub and causing damage amounting to over £5. Several other witnesses gave evidence, all agreeing that Hurlestone’s lorry was well off on the correct side of the road. H. C. Fake, giving evidence for the defence, said ho was the driver of the car which collided with the truck. On approaching the truck he was on his correct side of the road. He sounded the horn and passe'd the truck, feeling a slight bump at the back of the car as, he passed. He pulled up on the right hand side of the road, and went back, finding the lorry had climbed a bank. He was accused of knocking the truck up the bank. He did not know that his tail light was not burning until he had told Hurlestone that there was no tail light on the truck. Hurlestone then said: “There is no light on yours.” He had lighted all the lights before leaving New Plymouth, and they were in perfect order. After the discussion following the accident he lighted the tail light, which ha‘l been extinguished by the collision, and it was still burning when he got to Hawera.

Tn answer to Constable Longbottom witness said he considered that the collision was caused by the truck overtaking the car and striking it from behind after the car had passed. The Magistrate traversed the evidence at some length, and referred to the habit of some frequent users of the roads in refusing to allow room for others to pass. In any case the risk of the operation of passing was upon the person attempting to pass another. Tn view of the conflict of evidence he would deal with the probabilities. On the charge of negligent driving Fake was convicted and ordered to pay expenses amounting to £2 Os 6d, and on the charge of driving without a tail light he was convicted and discharged. The charge against Hurlestone of failing to keep to the correct side of the road was dismissed, while on the charge of driving without a tail light he was fined £l.

LICENSING CASE. Frank E. Capon, licensee of the Inglewood Hotel, pleaded not guilty to charges of keeping his licensed premises open for the sale of liquor when they were required to be closed, and with selling liquor after hours, on -Tune 14. Constable Longbottom said he visited the hotel after 6 p.m. He saw two men standing in the passage with Capon, who held a tray containing two glasses of whiskey and one of beer The liquor was drunk by the men and when taxed the licensee admitted, the constable alleged, that he Was doing wrong. In answer to Mr. Quilliam, witness said he had given the men in the bar plenty of opportunity to make an explanation. He saw no signs of money passed. Mr. Quilliam said the charges rose out of the impetuous conduct of Constable Longbottom. On his visit of inspection of the hotel after Capon had taken over the hotel he had seen the men taking a drink and had immediately assumed that the law had been broken. No opportunity was given by the constable for an explanation, and the men were flabbergasted by the appearance of a bluecoat. The Magistrate: It’s a queer man that’s afraid of a bluecoat in these days. Frank E. Capon said he took over the hotel on June 12. On the evening of June 14 he closed the bar at 6 p.m. He went to the front door and called in two friends to do certain business. He asked the two men to have a “spot,” but he received no payment for the drinksConstable Longbottom came in and said he would not “allow that kind of thing Ivjre.” Witness “got the wind up” and did not remember what he or the other men said. His Worship said Capon must be convicted on one or other charge. Before giving his decision, the Magistrate heard charges against the licensee s guests of being on licensed premises after hours. In view of the conviction of the licensee Mr. Quilliam said a plea of guilty would bo entered in both cases. His Worship said ho did not look upon it as a serious hr each on the part of anv of the defendants. Capon was fined £1 and costs 7s, and the other two defendants 10s with costs 7a. Citpon’e license was returned unendorsed. CIVIL CASES. Judgment for plaintiff by default was given in the following undefended cases •, —'P. G. Nops v. A. H. Goodwin, fl 14 (coats £6 9s); same v. 11. T. Shepherd £l5 2a Pxl (costs £2 16s); H. C. Luke v. W. J. Thomason £52 TGs Pd (costs £4 Via G<l) ; C. Stanfield v. W. J. Kendrick enr. Is 9d (costa £4 0s Gd);