SOBRIETY TEST

Hokitika Guardian, 31 October 1933, Page 4

SOBRIETY TEST

NAVAL RATING DISCHARGED MAKING A NOISE NO OFFENCE (Per Press Association —Copyright), AUCKLAND, October 30. “People who make a no is© in the street cannot be arrested simply for that. They are not disorderly while drunk unless they are drunk,” said Mr Wyvern Wilson, S.M., in the Police Court when he acquitted ft bluejacket Stanley Listefi, aged twenty-seven years, on a charge of beilig disorderly while drunk. Both Sergeant Brady and Constable Moore stated in evidence that at 12,10 o’clock they saw the accused and another sailor walking arm in arm with a woman in Wellesly Street. Lister was drunk and was singing out in a loud voice. He was very drunk and was making a nuisance of himself,” added the sergeant. “I asked for a doctor and I was examined by one at the police station,” said Lister to the Magistrate. “I was not drunk, and the doctor gave a certificate to say I was sober.” “Is that so?” asked the Magistrate. The police then handed a certificate made out by Dr Hewsley, the police surgeon, to the Magistrate. The Magistrate, after perusing the statement, remarked that the doctor had examined Lister half an hour after he had been arrested. The doctor said that the accused stood 'up to all th» tests for drunkenness and that he could not say he was drunk “In view o’ this certificate, I cannot convict this man,” said the Magistrate “The charge against him is dismissed He may have been making a noise, but that is no offence.” Lister said he had paid £1 Is for the doctor’s services, and asked if he might have the certificate. The Magistrate said the police would hand the certificate to tho naval authorities.