Hot and Cold

NZ Truth, Issue 1178, 28 June 1928, Page 6

Hot and Cold

TT would seem that with the scientific millennium m sight, the determination of the question: "When is a man drunk?" threatens to come no nearer solution. Magistrate Bundle, of Dunedin, recently gave two scarcely reconcilable decisions regarding charges of being intoxicated whilst m charge of motor vehicles. Whilst his worship, no doubt, had his reasons and his own particular, views m each case, it might have been better if he had given some cue to the public for what justifiably appears, on the face of things, a priceless piece of magisterial inconsistency. Dr. Crawshaw was acquitted on a charge of being intoxicated whilst m charge of a motor-car that very much took the wrong turning when it ended against a post. Although there were witnesses who swore definitely that the doctor was intoxicated, medical opinion disputed this theory — and on the medical view the doctor was given a clean sheet. The other case occurred at Oamaru, when a man named Mullin, returning from* Timaru, lost control of his car sufficiently to find himself among a group of band-playing Salvationists. On this occasion, medical testimony was forthcoming to show that Mulliii was not intoxicated. ' ' ' Two other witnesses (one an ex-Salvationist), considered that defendant was not intoxicated. Yet, the magistrate not only imposed a fine of £15, but cancelled Miillin's driving license for two years. Of course, the layman cannot probe top far into a specialist's department, but on the facts as sworn and circulated there is undoubtedly room for an uneasy feeling that there is too much inconsistency about these decisions to quell public apprehension.