MAGISTRATE’S COURT

Wairarapa Times-Age, 20 October 1938, Page 8

MAGISTRATE’S COURT

BUSINESS AT MASTERTON SITTING. SEVERAL MOTORING CHARGES HEARD. The fortnightly sitting of the Masterton Magistrate’s Court was held this morning, Mr H. P. Lawry, S.M.. being on the Bench. Clarence William Anderson appeared on a charge of driving a motor, vehicle on September 10 at Opaki Road, Masterton, in a negligent manner and alternately, with driving without due care and attention. Mr R. R. Burridge, who appeared for defendant, said he would enter a plea of guilty on one or the other charge and he suggested that the Magistrate should hear the circumstances and decide on which charge a conviction should be entered. Senior Sergeant Doggett said the defendant was driving a car belonging to Mr Clarkson, northward from Queen Street to Opaki Road, at about 6.30 p.m. on September 10. At the intersection of these roads he overtook a cyclist named Andrews and collided with the rear of his machine. Andrews was later admitted to hospital. There was a drizzle falling, though the place where the accident occurred was well lit. Both the driver and a passenger in the car showed slight signs of having had liquor but were not intoxicated. It was alleged by the defendant that the cyclist was on the wrong side of the road, but subsequent inquiries, said the Senior Sergeant, showed that the cyclist was within 7 feet of the left-hand kerb. Mr Burridge asked that a minimum fine should be imposed, in view of the fact that the weather was bad and that defendant was travelling at a reasonable' speed. Defendant had told him that the lights of the car did not reveal the cyclist until it was too late to avoid striking him. Observing that nothing of a reckless nature was involved in the case, the Magistrate imposed a fine of £2, with costs 10s, on the minor charge, that of driving without due care and attention. For having no warrant of fitness, Charles Warren Burling was fined £1 with costs 10s. On a further charge of driving a motor vehicle without lights in accordance with the regulations, he was fined 10s with costs 10s. For riding a bicycle at night without a light, Eric Ernest Gordon Purcell was fined 10s with costs 10s. Evan Critchley Brenkley, on a charge of having operated a trailer on the Te Ore Ore Road on September 29 without having obtained a heavy traffic licence, was fined £2 and costs 10s. Waihau Taylor, for having no warrant of fitness for the car he was driving, was fined £l, with costs 12s. A case in which John James Perfect was charged with failing to give way to a motor vehicle approaching from the right, at the intersection of High and Short streets on September 25, was defended. Mr C. C. Marsack appeared for defendant. The case arose out of a collision between a car driven by defendant and one driven by Mrs Long. The Magistrate ruled that there was insufficient evidence to show that the charge came under the regulations under which it was laid and he therefore dismissed the case. Oliver Sydney Shute, for whom Mr Burridge appeared and entered a plea of not guilty, was charged with driving a motor lorry in Queen Street on September 6 without due care and attention. The case arose out of a collision between a lorry driven by defendant and a motor cycle ridden by Eric Roland Wingate, at the intersection of Queen Street and Te Ore Ore Road. Mr Burridge contended that the case should be dismissed as the markings on the road at the time of the accident placed motorists using the highway in a position of insecurity. As the marks were then, particular care was necessary on the part of people coming down from Opaki Road. Defendant had kept on the - correct side of the domes until he was nearly opposite the bowser station, when he saw the cyclist coming straight at him in a ridiculous attempt to go round in front of him, whereupon he made a Sudden turn to the right in an effort to avoid the cyclist. The road, said Mr Burridge, had since been rendered perfectly safe by a rearrangement of the traffic lines. The Magistrate dismissed the case, particularly in view of the fact that the authorities had considered it necessary to rearrange the traffic indication lines.