MAGISTRATE’S COURT

Wairarapa Times-Age, 9 July 1942, Page 3

MAGISTRATE’S COURT

SITTING IN MASTERTON CAR CONVERSION. THREE SOLDIERS SENT TO GAOL. A sitting of the Masterton Magistrate’s Court was held today, before Mr H. P. Lawry, S.M.. Three soldiers were each charged with unlawfully converting a motor car valued at £5OO, the property of Joseph Jameson, with committing mischief by wilfully damaging the car to the extent of £35 16s, and with stealing a drum containing four gallons of petrol valued at £1 2s lOd, the property of the Defence Department. The accused pleaded guilty and elected to be dealt with summarily. Detective Sergeant W. Kane, who prosecuted, said the car was left in Russell Street and was found later at Opaki, where it had struck a pole.'The accused had endeavoured to put benzine into the hot engine, when it caught fire. Mr R. McKenzie, who appeared for accused, said the whole trouble seemed to have started by the men having had a certain amount of liquor. They fully intended to return the car. One man was due back at camp and it had been decided to take him to camp and return to town, as the other two were to go on duty at the gasworks. When the car was being turned it struck a pole. As the boys did not . wish to bring disgrace on their families he asked for the suppression of their names. Mr Lawry said if he had the power he would formally suppress their names. The men were not known in this district and for that reason he did not think it would be of any interest to people here to publish their names, though he would leave the matter to the discretion of the Press.

The Magistrate imposed a sentence for the car conversion charge, of six weeks’ imprisonment on two of the accused, who had a previous conviction for car conversion, and three weeks’ imprisonment on the third accused. On the other charges the three accused were ordered to come up for sentence if called upon, on condition that they made restitution of the sum of £l2 0s lOd each.

On charges of having beer in their possession in the vicinity of a dance hall in Masterton on June 20, Wardie Bouzaid, a soldier, and Thomas Edward Corlett were each fined £2 and costs. Mr J. Miacfarlane Laing, who appeared for defendants, said they did not take the liquor to the hall but had it thrust into their hands after they had left the hall. Each defendant was fined £2 and costs. SERVICE-CAR ACCIDENT. A service-car driver, Leslie Duncan, of Wellington, was charged with driving at a speed and manner which was dangerous to the public at Featherston on April 6 and also with failing to report an accident involving injury to Margaret Gwendoline White, a passenger in the service-car. The accident arose when the service-car was about to pass a bus, which, according to the evidence, in order to pass a stationary car, pulled out over the road and crowded the service-car off the road Mr N. Whiteman, who appeared for defendant, entered a plea of guilty to the second charge and not guilty to the first charge. A passenger in the car said the car travelled at a terrific speed on the straight. He estimated it to be 60 miles an hour. His wife also stated in evidence that the speed of the car was too fast.

The defence, said Mr Whiteman, was a complete denial of speed. Defendant was a driver of 31 years’ experience and was known as a capable driver and had driven over the worst roads in New Zealand. The car was not capable of travelling at the speed estimated by witness. The defendant stated that his speed was between 30 and 35 miles per hour. Only one passenger was injured and she was taken to Featherston Hospital where defendant called and was informed that she was suffering from shock only. Defendant reported the accident to Mr Jenkins and thought the latter would report the occurrence to the police if it were necessary, as he was informed that there had not been any personal injury to any person and the car was not involved in a collision with another vehicle. It was not until a week later that he had learnt that the passenger had suffered a broken pelvis. Defendant said the car . would not do more than 50 or 55 miles an hour. ; , Senior Sergeant G. A. Doggett said there was no speedometer on the car, for anyone to see the speed at which it was travelling. When the Magistrate pointed out that two charges were involved in the first charge, as laid, the Senior Sergeant withdrew that relating to the speed of the car. Mr Lawry dismissed the charge, as amended, relating to . the manner in which the car was driven and fined defendant £3 and costs for failing to report the accident. He pointed out that it was necessary to report an accident to the nearest police station, and that shock constituted an injury.

CIVIL CASES. Judgment for plaintiff by default was given in the following undefended civil cases: E. J. Martin and Co. versus D. Cutfield, claim £4 19s Id. costs £1 5s 6d; Bunny, Burridge and Douglas versus Frank Thomson, claim £3 3s, costs £1 3s 6d. In a judgment summons case John William Thornton versus Clarence Tyacke, claim £5 2s 6d, defendant was ordered to pay the amount forthwith, in default five days’ imprisonment.