MAGISTRATE’S COURT

Press, Volume LXXIV, Issue 22504, 12 September 1938, Page 14

MAGISTRATE’S COURT

SATURDAY (Before Mr F. F. Reid, S.M.) INTOXICATED MOTORIST Robert Tophan Douglas Hall, a builder, aged 43, charged with being intoxicated in charge of a motor-car on Riccarton road on Friday, September 9, was fined £2O and costs. His licence was cancelled, and he was prohibited from securing another licence for 12 months. Hall, who pleaded not guilty, was represented by Mr C. S. Thomas. Outlining the police case. Sub-Inspector W. E. Packer said that Hall was seen driving towards Sockburn at 4.25 p.m. on Friday by a traffic inspector, who, on seeing the accused passing all other traffic, including traffic on intersections, gave chase. The inspector had to use his siren, and then held his hand up for the accused to stop. The accused, Sub-Inspector Packer said, merely gave a stupid expression and drove on, at a reduced speed. The inspector had to drive in front of the car to stop Hall, at some risk to himself. The accused attempted to get away again, but the inspector secured the switch-key. Then a police van stopped, and two constables assisted the inspector. Hall was arrested. Traffic Inspector J. H. Clarke said that Hall’s main concern when spoken to was that he was in a hurry to get out to Wigram to pay his men before they knocked off at 4.30 p.m. His breath smelt strongly of liquor, but Hall stated then that he had had none at all. Two police constables and the watchhouse-keeper gave evidence. The first constable said that Hall appeared to be under the influence of liquor, and when he took Hall into the station he was shouting all the time. He was not fit to drive the motorcar. The second constable said that in his opinion Hall was not lit to drive a car. The watchhouse constable said that Hall was definitely intoxicated and unfit to drive. The certificate of Dr. F. L. Scott, the police doctor, was put in. expressing the view that Hall was not in a fit condition to drive. Mr Thomas said that Hall was building houses at Wigram aerodrome. He came in to get the wages the men and had a drink, at a hotel before leaving. He frankly admitted that he had “stepped on it” to get to the aerodrome in time to pay the men. Hall had an impediment in his speech, apd the very fact that he had been stopped when trying to get the wages there on time would have an upsetting effect. He was an excitable type, and the effect of the incident would be worse with him than with an ordinary man. “There is always just a chance that in evidence of this sort it becomes the evidence of a team against a man, getting worse as it goes along,” Mr Thomas said. The traffic inspector had made no suggestion that the accused was intoxicated or unfit to drive. The first constable said Hall seemed to be under the influence. Mr Thomas submitted that it must be proved that the man was definitely intoxicated. In evidence, Hall said he had had two shandies. He did tell the inspector he had had none, but he admitted that was untrue. He did not consider he was under the influence of liquor./ Dr. A. M. Hartnell, called by Mr Thomas, said that the appearance of Hall when he examined him about 5.25 was absolutely normal, except that he was nervous about his men not getting their pay. The Magistrate held that the evidence of Traffic Inspector Clarke, three constables, and a doctor left no doubt about Hall’s state. REMAND GRANTED

Charged with damaging windows and doors of a house owned by William Henry Wooldridge to the extent of £2O, thereby committing mischief, Robert James Byrne, a share-milker, aged 50, was remanded until September 15. Bail in self of £IOO and one surety of £IOO was allowed. The police alleged that Byrne broke panes of glass, windows, wrenched water-pipes off, then broke the headlights out of a motor-car with an axe, took the lighting wire from the car and a spare wheel, and put the wheel through a window. He had been travelling about the city for the previous 24 hours in a taxi. When he arrived at the house he stripped himself of his clothes, down to a shirt and his trousers, and set about doing the damage. Until he could be brought back to his proper senses, the police suggested, there ought to be a remand.

CONVERTED MOTOR-CAR Charged with converting a motorcar, valued at £IOO, the property of Archibalds, Ltd., Harry Te Rehu, a labourer, aged 35, was convicted and ordered to come up for sentence if called on within 18 months. On charges of driving without a licence and driving without - reasonable consideration for other users of the road, he was convicted and discharged. , The police stated that a I man had hired the car and picked up Te Rehu, who was taken to the man’s rooms. It was from there that Te Rehu had taken the car, and driven it in all for more than 100 miles. Damage was done to the extent of £3 12s 6d.