AN ABSURD PROSECUTION.

Wairarapa Age, Volume XXXII, Issue 10136, 5 November 1910, Page 5

AN ABSURD PROSECUTION.

DOCTOR CHARGED WITH OBSTRUCTING TRAIN. CASE DISMISSED. Ja the Magistrate's Court at Mastortou yesterday, before Mr L. G. Reid, S.M., Dr. N. H. Prior Mas charged with a breach of Clause 2 of the Railway Act, in having caused an obstruction of the railway line between Masterton and Mauriceville. Sergeant Miller prosecuted, and Mr P. L. Hollings appeared for the defendant, who entered a plea of not guilty. Sergeant Miller explained the circumstances of the case. The defendant had been proceeding to Mauricevi.llc on a motor-cycle to attend an important case. On the, road his bicycle broke down, and lie hailed the train, which stopped and took him on to his destination. Mr Hollings stated that the facts as outlined by Sergeant Miller were substantially correct. The doctor had been called to Mauricevillo on an urgent case. - s motor cycle broke down on the Qpliki, he signalled the train at a crossing, and was assisted aboard by the guard, who charged him his full fare and a fine for getting on at a place other than a station. Mr Hollings maintained that there had been no obstruction. The driver could have refused to stop the train. As it was no more had happened than frequently happened at a railway station where a train has taken its departure and stops to pick up a late pasenger. He submitted that the prosecution, which had doubtless been brought by the Sergeant under instructions from the Department, was stretching tho meaning of the Act. The driver of the train, probably recognising that defendant was a doctor, had humanely stopped the train and taken him. on. In the circumstances, it was very fortunate that he did. His Worship said that, although a technical breach of the Act had been committed, it was not a case of deliberate obstruction within the meaning of the Act, whereby the lives of passengers would be endangered. The driver, of course, was justified in pulling up the train, as there might have been an obstruction on the line. Sergeant Miller said tho Department had instructed him not to press for a heavy penalty. Mr Hollings asked that, under the circumstances, the case be dismissed. His Worship said that, taking iuIto account all the circumstances, he would dismis the information.