Frederick Peter Pelvin was charged with negligently driving a motor car in Princes street so as to cause damage, estimated, at £8, to one of the city tramway poles. Sub-inspector Fouhy stated that the affair occurred on July 16 in Princes street south. Though the cost of repairs was stated in the charge at £8, he asked that it should now be reduced to £3 16s 6d. Evidence for the the prosecution was given by several witnesses. — Mr Hanlon, who defended, submitted that there was no evidence of any negligence on the part of the driver. The road was very greasy, and the car had is merely side-slipped and struck the pole— a thing that could not be avoided. — The case was dismissed. -Otago Daily Times, 15/8/1914.
A DUNEDIN DISASTER.
Pell-mell Pleasure Party.
Pesky Poles Perturb the Petticoats.
(From "Truth's" Dunedin Rep.)
Just at about 10 p.m. (pub-closing time, by the way), on July 16 last, a motor-car, containing three well-known ladies, accompanied by two gents, bore down Dunedin's well lit main street, and somehow or other the bally motor got entangled in a tram pole, resulting in a sharp ejection of one of the ladies, and later on a peremptory demand for their appearance in Court with the two blokes concerned in the accident.
Last Friday, before an interested Court and also before Magistrate Bartholomew, S.M., the bevy of beauties duly appeared with the gentlemen. The ladies summoned to attend were: Miss Mackintosh, Miss McNulty and a pretty humorous little thing termed Miss Esty Steele. Mr. Fred Pelvin was the defendant in the case and was represented by Lawyer Hanlon.
On July 16, Fred, with his chum, his motor and its pretty burdens, did, according to the police charge, negligently bump against a tram pole, thereby damaging the blessed thing. The pole was knocked over and a petticoat bumped out of the car. The value of the pole, of course, was £8. Mr. Pelvin pleaded not guilty. The complainant in the case was Cop. Howard, ex-tram-man, and now a South Dunedin cove.
The first witness for the prosecution was the well-known Miss McNulty. Peeping out sideways from a remarkably white mushroom hat, this charming lady smacked her lips very audibly at genial Inspector Fouhy and informed the Inspector that the trip the accident upset was the second little motor ride that night. She had been out previously to Anderson's Bay with the same party. They were all going out again in another direction when the bally tram pole upset their applecart. Mr. Pelvin was driving carefully, but owing to the slippery condition of the street, a skid sent the car unceremoniously against a sleepy tram pole. She let go a little shriek, and pretty, dainty Miss Steele, who was helping the driver, executed a very rapid and clever somersault on to the pavement. Witness, however, did not see any pole knocked down, but there was a nice little bit knocked off it.
Inspector Fouhy: Were you told anything when the affair occurred? — The gents told us girls to bolt, as we were not wanted in the trouble.
The next witness called was Miss Mackintosh, but she was nowhere to be found.
Miss Esty Steele was brought to the front. Brimming with smiles and knowing winks, and garbed in the tightest of hobbles, pretty Esty smiled her way into the witness-box, and from her reposed pedestal she generously scattered smiles, from the Bench to the railings. The sombreness of the Bench never relaxed, but Esty's humorous smiles and contortions broadened Inspector Fouhy's frontispiece considerably and accounted for strenuous guffaws and "Millie Dorris" expressions. Miss Steele did look innocence personified. Said she: "Yes, I live in Cutten-street, St Kilda. On July 16 I was out for a little drive with the party named. We met a little accident, having run into a tram pole. I was quickly thrown out on to the road, and dazed, of course! The car skidded. You know the road was fearfully slippery and all that — and Esty heartily laughed.
The Inspector: Would you call your little trip a pleasure-drive? — It was that! (and Esty laughed again.)
But you had another little pleasure trip? previously? — You're right. That was - was - to - Anderson's Bay.- (The interruptions were peals of laughter from Esty.)
When you were thrown, out, what happened? — You see I was surprised first. But then I jumped up and cleared.
Who told you to clear? — The two gents in the car! (Laughter from Esty and the Court)
After listening to the evidence, of William R. Ottrey, motor driver, Fred Pelvin's chum, and Fred Ansel, Corporation Inspector, re damage to the silly pole, his Worship informed Lawyer Hanlon that he thoroughly agreed with him. There was no evidence as to any negligence at all. It was simply an accident, which the prosecution did not sustain as avoidable.
The case was dismissed, and in perfume and smiles the ladies bowed themselves out of the Court. "Truth" trusts that the curious Corporation will affix a notice at all corners for the security of pleasure drivers as follows: "Mind the Poles." -NZ Truth, 22/8/1914.
A NOCTURNAL JOY RIDE
PRINCIPAL BEFORE THE COURT. '
DAMAGES FOR TRESPASS.
On or about October 17 four young men named William Ottrey, Mayhew Gilmour, James McDonald, and James Cruse, and two young women were concerned in a motor ride to St. Clair, but unlike most people they did not choose a warm sunny afternoon for their outing, preferring to enjoy themselves sometime about 11 o’clock at night. These pleasure seekers apparently for a time enjoyed the sea air, and then the chief of the party, James Cruse, took them to an empty furnished dwelling owned by Mr John Burke Salmon, in which he had formerly been a lodger, and with a key in his possession opened up the premises, and bade his guests enter. The premises were alleged to have been damaged, and this led to an action for damages against Cruse; who did not appear, before Mr H. Y. Widdowson, S.M., in the Magistrate’s Court on the 2nd inst.
Mr W. L. Moore, in outlining the facts, said that the furniture had been damaged by a lighted candle being allowed to burn into a duchess chest, while the wallpaper had been damaged by the feet of the defendant and his guests apparently rubbing against it, and a pair of curtains had been soiled and damaged through having been used as a towel. The claim was thus for £l0 for damages to the furniture and fittings, and counsel submitted that in addition his client was entitled to other damages of a substantial nature, because in consequence of the publicity given to this “outing” the selling value of the house had considerably Mr Moore said these facts had been admitted by the other men, one of whom would give evidence to show that Cruse was responsible for the work.
William Ottrey, a motor driver, stated that on October 17 he was engaged by Cruse to drive a party to St. Clair. The other occupants of the car were Cruse, McDonald, Gilmour, and two girls. This was about 11 o’clock. They went to St. Clair first, and afterwards Cruse took them to this house. Witness did not know at the time who owned the house, or that anything was wrong. Cruse opened the door with a key, and they all went in and remained until half-past 5 or 6 o’clock next morning. They were all together.
The Magistrate: What were you doing. Did you have any beer? — Yes, a couple of bottles.
You had two bottles of beer, were smoking cigarettes, and had two girls with you? — Yes.
And we will draw our own conclusions. You certainly were not singing hymns. Did you know of any damage being done? — No.
The Magistrate asked Mr. Moore if he thought he would get anything out of Cruse.
Mr Moore replied that when Cruse was served with the summons he said he had a counter claim against the plaintiff’s claim.
The Magistrate; What on earth would be the counter claim? I propose to give judgment for £20 with costs (£3 5s). -Otago Witness, 10/2/1915.
John Robert Ottrey joined the Army shortly after the trial. He was wounded in his right had in March, 1918, and, just after the war ended, he found himself in the VD section of a British hospital. His Army record states that he was born in Victoria, Australia, so he might be the John Robert Ottrey who was buried at Bendigo in 1956.
James Cruse also joined the Army that year. In July, 1919, he was appointed as organiser for the Canterbury Returned Servicemans' Association.
Mr James Cruse, of Dunedin, who has been appointed organiser for the Canterbury District of the Returned Soldiers' Association, left Dunedin for Christchurch yesterday morning. Mr Cruse, who was formerly engaged in the motor trade in Dunedin, served with the Expeditionary Force with the rank of sergeant-major. -Press, 2/8/1919.
James Cruse retained his military connections and served in the next war. Of the other parties in the above story, Mayhew Gilmour and James McDonald seem to have vanished without trace. John Burke Salmon, though, was in court in 1918 for a rather different matter.
Affiliation. — On the application of Teresa Gorham, for whom Mr Irwin appeared, John Burke Salmon was adjudged to be the father of the child born to the applicant's daughter, Frances Gorham, and ordered to pay 10s a week, £50 for past maintenance, and £2 2s solicitor's fee. -Evening Star, 16/3/1918.
Fred Pelvin died at 48 the following November.
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