ALLEGED INTOXICATION

Manawatu Herald, Volume XLVIII, Issue 3591, 27 January 1927, Page 2

ALLEGED INTOXICATION

WinT.E IN CHARGE OF A MOTOR CAR. CASE DISMISSED. At the Feihling S.M.- Court yesterday, before Mr. J. L. Stout, S.M. the police proceeded against Stanley Austin, of Foxton, on a charge that, on'December 3 last- near AwaImri he was intoxicated while in charge of a motor :c*:ar. Air Cooper, representing the ac r cused, entered a plea of not guilty. Sergeant Cahill set out that on Iho date mentioned Austin was proceeding to his home at Foxton and when some 2-t miles from. Feilding on the Awahuri road crashed through a post ami rail fence, falling some 15 feet, down the embankment. Witnesses would testify as to (lie accused’s condition at that time.

William Oppat, builder of Sauson, said he arrived on the scene shortly after the incident occurred. Curious wheel marks on the roadway led him to glance over the hank where he saw a car tilted on an angle about 15 feet below the level of the road. Some person Avas sitting in the driver’s seat attempting to start the vehicle. When a person did this, especially in view of the fact that the car was entangled in the Avire fence beloAV, he would say he Avas intoxicated. , Wfilliam I’earse, metal carting contractor, gave evidence that he Avas Avorking a few yards from the scene of the accident, which would be around the bend on the cutting. He first heard a crash, and on investigation found Austin scrambling up the bank. Witness smelt drink on Austin, whose speech was thick and stammering. Mi 1 Cooper expressed the opinion that His Worship Avould need clearer evidence of intoxication before entering a conviction. He led with several Avitnessess.

Earle Bryant, billiard saloon proprietor, Eoxton, said lie was in Austin’s company practically all day, and accounted for only five drinks consumed during the day. Charles Simmons, motor engineer, said that he Avas speaking- to Austin near the Eeilding Post Office at about 4.30 pan., Avhen he was then quite sober and talking rationally. In dismissing the information, the Magistrate said that in a case of this nature, Avliich in its seriousness rendered a person liable to conviction, a maximum fine of £IOO and the cancellation of his license, the Court demanded evidence sufficiently clear on Avliich to come to a decision. In this case the evidence was not sufficiently strong, only lavo witnesses testifying to some doubtful outAvard signs of intoxication. In the defence, it was unfortunate that the persons helping Austin out of his difficulty had not •been called as Avitnesses. There was no doubt that Austin had had some liquor, but the fact that he attended to his car and got home to Eoxton without further trouble shoAved that there Avas little the matter with him.—Eeilding Star.