DOCTORS DISAGREE

Hawke's Bay Herald-Tribune, Volume 81, Issue 63, 7 December 1937, Page 4

DOCTORS DISAGREE

Conflicting Evidence in Intoxication Case

M0T0RIST CHARGED

Confliating medical evidence was called in the Hastings Magistrate's Court this morning when James Stephen Dunn, a labourer, of Hastings was charged before Mr J. Miller, S.M., with being intoxicated in charge of a motorbicycle at Pakipaki. Although the police surgeon called in at the time is of the opinion that the defendant was intoxicated, the evidence which will be called this afternoon for the defence is to the egect that Dunn was suffering from contusion of the brain or concussion following a f all from the bieyele in the accident which led to his arvest. Dr. B. S. Kitchen deposed that he examined Dunn at the police station. He had been informed that he had been in an accident, and apart from two cuts, there was no visible sign of injury to the head. Dunn gave full details in describing the accident, and that, in witness' opinion ruled out concussion. There were no signs of shoclc, and the examiration .by a process if elimination, was ni favour of intoxication. Defendant had a strong, rapid pulse, his rebexes were diminished; he had a fine tremor of the tongue; and there was a strong smell of alcohol. Witness decided that Dunn was unfit to drive a car because of intoxication. He could find no evdience that he was suffering from concussion, and if he had been admitted to hospital with concussion, it would be due to a later incident, In a case of concussion stated the witness the pulse was weak and slow — opposite to the symptoms fbund in Dunn's case. Cross-examined by Mr. W. Selwyn Averill, who appeared for Dunn, witness admitted that sometimes head injuries produced results akin to intoxication. The evidence in regard to the swollen lip was not indicative of a severe blow. A contusion would be more in favour of the clinical progress of the case, as it would come on gradually. The doctors who watched the case closely for the 11 days defendant was in hospital would be in a position to judge, but from witness 's observations there was a doubt that he was suffering from contusion. He appeared to be recovering remarKably quickly. Be-examined by Senior-Sergeant. Sivyer, witness said that accused appeared viry comfortable. He was in a semi-prone condition and making a cigarette. According to the evidence of Constable Gibb, who saw Dunn at' Pakipaki defendant was very nnsteady on his feet, his speech was thiekened, and his eyes blurred. Witness came to the conclusion that he was intoxicated. x The defendant said, in evidence, that he had two whiskies at Weber at 9 o'clock in the morning, stopped for lunch at Norsewood, and had two drinks of whisky at Te Aute. Those were the only drinks he had had during the day. The accident occurred when his motor bicycle was forced out by an approaching car. He did not think he had any accident or injury between the time of leaving the police station and of going to the doctor at 8 o.'clock. the same evening.