FORTNIGHT SERVED

Gisborne Herald, Volume LXVI, Issue 20046, 19 September 1939, Page 13

FORTNIGHT SERVED

SPENCER DISCHARGED FRESH. SUBM ISSIONS HEARO INTOXICATION CHARGE Fresh submissions which resulted in his discharge from custody were presented on behalf of Wallace Haig Spencer, aged 23, a photographer, when, he appeared before Mr. J. H. J.uxford, S.M., in the Police Court yesterday. Spencer had been sentenced previously lo one month's imprisonment on a charge of having been found intoxicated in charge of a motor vehicle, and an appeal on the grounds that fresh submissions were to be made was lodged.

This appeal was heard by Mr. Luxford this morning, the defendant, who pleaded guilty, being represented by Mr. L. T. Burnard. Senior-Sergeant J F. 11. Maenamara appeared on behalf of the police.

Mr. Burnard said that the defendant was engaged in business with his brother. The defendant was a hardworking young man and not in the habit of taking liquor. Evidence would be called to the effect that the defendant had declined an offer to take further drink before leaving to drive his car away, thus showing that he had a sense of his responsibility.

“Good Type of Youth”

Arthur Percy Webb, a -builder and contractor, said that on the day of the offence he was at the Cosmopolitan Club and had seen the defendant and his brother in the billiard room. He had invited the brothers to have a drink, but the defendant had declined, saying that he had to drive a car. In witness’ opinion, the defendant was a very good type of youth.

Cross-examined, the witness said that he had come out of the club with the defendant and his brother, but did not see them enter the car.

Cyril Batson, president of the Cosmopolitan Club, said that lie had found Spencer a well-behaved youth. When he had seen tiie defendant and his twin brother in the club on the day of the offence, both had been sober. To the senior-sergeant, the witness said he could not definitely fix August 2(i as the date on which he had seen the defendant in the club, but he knew it to be tiie day on which Spencer was arrested.

“Now that I am in possession of further facts of which I was not previously aware, I propose to liberate you,’’ commented His Worship. Mr. Luxford pointed out that the accused also had been proved to have driven a motor vehicle in a dangerous manner, this in itself being a serious offence. The defendant had served two weeks' imprisonment and would be freed at the rising of tile court. The driving license of tiie accused would remain under the previous suspension.