SUPREME COURT

Dominion, Volume 10, Issue 3146, 26 July 1917, Page 9

SUPREME COURT

APPEAL CASE

AGAINST DECISION OF A J.P.

In the Supreme Court yesterday tho Chief Justice (Sir llobcrt ritout) hoard an appeal against Mia decision given by a Justice of tbe Peace at the Lower Hutt, who convicted Oharlcs Wadley of beiusr drunk whilo iu charge of a motor-car. The grounds of anneal were: (1) That there was no evidence given at, the hearing of the information to sunoort the conviction: (2) that the verdict of tho Justice was against, the weight of evidence. Mr. J. J. il'Qrath annearcd for the appellant Wadley. a taxi-driver, of Wellington, and Mr. P. K. K. Macassey, of the drown ljaw Office, represented tho respondent, Coußtable It. Holmes, Lower Hutt. In stating the facts for the Crown Mr. Hacassey said that on May 20 a farmer named Clement Whitfield, of Kpuni Hamlet, wbb driving homo in a spring cart. With his wife and two children from £handallah, and when aoproaohing the Hutt Hallway Station at tho point known as Wilford's, he observed a motor-car. which it was subsequently discovered was driven by Wadley, coming from tho direction of tho Hutt, suddenly swerve across tho road. It smashed into the cart and knocked Mr. and Mrs. Whitfield and children out. It was alleged that Wadley was drunk at tho time.

Clement. Whitßeld, in giving evidence, stated that, while driving homo ho saw at the Hutt Railway Station a motor-car approaching about two chains away. Tho car was on the wrong side of the road, and rau into witness's trap, knocked it over, and he and his wife and children were thrown ont : on to the ; road. Mrs. Whitfield wbb knocked on the head and was unablo to talk rationally for some time after the accident. There were lights on his trap.

Eyan Holmes, constable stationed at tho Lower Hutt, gave a description of the position the unturned cart was in after the accident.

Frederick Oakeby, motor mechanic, staler that ho passed the motor garage near the railway station and saw a man attending to tho lights of a motor-car. On the Main Hutt lload.Jater, he saw a cart lying on tho road on its side, and on tho footpath were a woman and child who were being attended to by another woman. Wadley appeared to be under tho influence of liquor, as was also a passenger in the taxi, and Wadley said he was goina slowly—only about 20 miles an hour; and that tbe driver of the cart had no lights. To make sure, witness examined a lamp and found the wick- warm and the tallow quite soft.

Barbara. Rodeers deposed that, she was sheltering from tho rain in Hayes and M'Kcagc's garnse. Outside the garage Wadley was attendins to the lights of a motorcar. A man who Eot out of tho car and came into the caraee was very drunk. Wadley, sho alleccd, was staggering. The car left the naraßO, and later witness came across the car a few hundred sards aVay. It was turned partially faciupr towards Wellington, a cart was lying on its side on tho road, and on seeing a woman on the footnath sho immediately went to help her. Wadley came up and said: "How are you now, mother?" and witness saidt "Go away: don't you see the woman is ill?" Harold Pilkiugton denosed that he saw tlio accident. When about five yards away from the cart the motor-car appeared to swerve, and collided with the cart. He ran to tho scene and did what he could to help. Wndley, witness declared, was drunk.

Evidence was also given hy. Myrtle Nan kiville, James Harkness, and John E. Baker.

Mr. J. J. Jl'Grath, on behalf of Wadley. contended that the Crown had not nroved drunkenness as defined in tho Police Offences Act. Evidence was called on behalf of Wadley. after the hearing of which His Honour reserved his decision.