THAT CHAL-LINE WOBBLED IN PLACES!

NZ Truth, Issue 1179, 5 July 1928, Page 3

THAT CHAL-LINE WOBBLED IN PLACES!

Though^Goodman Had The Dithers, His Car Knew The < Way Home— To The. Police Station

ONE DOCTOR SAID HE WAS NOT UP TO 44 HlLAmT¥^^

(From "N.Z. Truth's" Gisborne Representative). . ' , BEHOLD, THE LATEST RECRUIT to that notorious, but fickle, band of worshippers who are not content to bend their knees— or elbows— before one shrine; men who are lavish m their tributes to the goddess of Bacchus and^ leave her m varying mood, joyous or sorrowful, transferring their attention— or what is left of it— to the goddess of the road, whoe'er she may be, and seeking to steer their homeward way m that modern vehicle which positively insists upon undivided aolicitude-i-the motor-car!

?nPWAS Frederick Herbert. Good-! 1 man! Yes, . the one and only Fred; a, man whose, name appears on many noble edifices to indicate that he is the builder; on many race-books to indicate that he is the owner of one or other of those horses which 'alter-: | natively are cursed and blessed; on j the list of officers of every, second ! sports club m the Poverty Bay district; and now, indelibly, upon the records of the court as a man convicted. In! some respects, Fred, was unlucky. ' . It wasn't as though he had been on a real "sozzle," such as he was said to have indulged m on- a previous occasion. No, he had only two "spots." That was sworn to. . He was unlucky, too, m that he forgot to tell the police it was an injury to his breastbone that caused him to appear dazed. Even more unfortunate was it that his powerful automobuggy showed such a lack of 'decency as to seek, as the objective of its- 3.30 a.m. wrath, the nearest possible telegraph-post to the police station. But perhaps the greatest stroke of misfortune was the failure of the police to provide his cell-door with a knocker; wherefore Fred waa forced to use the only piece of furniture with which cells are provided m his endeayors to attract attention. • Of course, there were a number of other factors m regard to which it might\ be suggested that it was not Fred's lucky night. For instance, when he was advised to summon a doctor and he said: "Bring the whole lot of them," how was he to know that the first . to arrive on the scene would say: "You're drunk, old man; you're drunk"? Or that the -second, who turned u.p some time later and gave evidence for

The Doctor s View

the defence, would fail to convince the magistrate, despite, the emphasis and medical technique which characterized his evidence? But let the witnesses to the early morning episode tell the story m detail. It all happened on June 7, so even the luck of seven cannot extend to Fred. When he first appeared m court, a remand was granted and his name suppressed;' not that it makes much difference m Gisborne, for everyone knew that it was Fred who was billed, for a star turn at some future date. They knew, too, that Fred was going to fight to the last ditch and that Lawyer Alan Moody was being brought all the . way from Auckland to show the legal fraternity of Gisborne how these cases should be conducted. Equally well did they know that the police evidence was going to be challenged and that a hard fight would be made. ' ' And, let it also be added, nearly everyone kne'vV' that it was of no avail —that Fred was well and truly m the soup. But. even then, he has nothing at all to complain abouL Fred was allowed to drive away from court m his car — all he had tb do was part up £30 for an offence which has sent more than one good man for a stretch m gaol, to emerge sans license and sans hope. , Goodman was taken to the police station at 3.30 a.m., and within an hour Dr. Dougias Muir was on the scene. He found his early morning client suffering from the effects of alcohol, he told Magistrate Levvey, when the case went to hearing. His condition would certainly make his judgment, faulty, although he might foe able to drl-ye a mbtor-c&r. To Lawyer- Moody, the medico said that Goodman had not mentioned any injury to his chest. 7 ,

His pulse was perfectly normal, but the pupils of. his eyes were dilated. The good bid chalk test was applied and Fred got on fairly Well, except m places where the line wouldn't stop still for him. Other tests were applied and he came through these all right — as well as the average citizen would at 4 a.m., anyhow. Constable McKenzie was the first on the. scene to welcome Goodman at the station — or outside it. His. wandering thoughts were brought up with a round turn by a

"terrific crash." Over the road was Fred's motorbar, piled up against a telegraph post, with I^red still at the wheel, but

exercising little influence over it. Fred even forgot to say "Good morning" to the constable. Instead, he remarked: "You . You've got me this time!" In explanation — or for want of one —he said he must have been dreaming. He never drove the car on to the path; It drove him . . . and he knew nothing about it till he got there. 7 When he was invited inside, Fred wasn't at all keen to accept, it being so late, but the constable simply insisted on extending his hospitality. * : His proffered assistance was met with a command to "take your — —

Would Not Answer

hands off me; I don't want to be well manhandled." Once inside, however, Fred became more philosophical. "I'm gone this time," he remarked. "You caught me red-handed." When the sergeant arrived; he suggested augmenting the company by the addition of a doctor. Fred was quite willing; ' ( "Bring the whole — lot of them,' he remarked. "I'll pay for all the doctors m Gisborne." . A few minutes before 5 o'clock, Fred was shown his room for. the night — or what little remained. of it— and by way

of farewell ne assured . his hosts that his boy would be. down m the morning "to cut all their - — throats."

The fcohsta-ble told Lawyer Moody that Goodman was so drunk that he would have been arrested whether he was driving a car or not. He was violent, offensive, objectionable, abusive and insulting. Lawyer Moody: On *a previous occasion, when you brought Goodman to the station on a similar charge, Sergeant Dempsey let him go, didn't he?— I refuse to answer that question. To the senior-sergeant, however, the constable explained tha,t on the previous occasion he had found a .building open. .-■ •*..'■ On.; going inside, he discovered Goodman and another person busy

together with a bottle,, "having a quiet sozzle." Latei-, when Goodman was driving home at 2 a.m., he arrested him- but he was later released. ! Sergeant Mclntyre said that Fred i showed the usual symptoms of intoxication — rambling m his speech and i .walking with '•difficulty. He would not have locked him up, however, if he had riot been m charge of a car. The magistrate: 'Would you have driven with him?— Certainly not; he was h6t m a fit state to drive. Lawyer Moody: You disagree with Dr. Muir on that point, then?— lt would not have been safe for him to drive a car. Constable Browii was even less charitable. Goodman, he reckoned, was saturated .with liquor, had been on a drinking bout for some time arid was a fit subject for medical treatment. His conduct after arrest was that bf "a cantankerous, drunken man." Constables- Morris and Birch added their weight to the testimony, mentioning also that Goodman's cell solo had been a crescendo rather, than a bianissimo. That, of course, is only one side. Dr. James Clive Collins, that ' well'known practitioner Who laughed to scorn all the police evidence, gave the court a gratuitous, but legally futile, lecture on the technical aspects of intoxication.' What the average man would cover with one term, "stunned," "but," "tanked" or "blotto," the medico divided into three stages— hilarity, in-' toxication and inebriation; otherwise, quarrelsome, wobbling and "outski." Goodman hadn't even reached the first stage. His pupils were not dilated and he only smelt slightly of liquor. He Wobbled not; neither was he hilarious.

Running A Risk

He was put through- all the teats and came out splendidly. f The whole cause of Fred's trouble, the doctor explained, weLs caused through a fractured breastbone, clearly evidenced by an X-ray photograph, while his ribs were pushed m. ,When a man sustained injuries such as these, it would be difficult to say when intoxication began and ceased or when Shdclt started and j ended. ■■„'.*•.* ' Goodman had remained m hospital for three days after the accident and for three further days was m bed. The only other evidence concerned Fred's movements. He left the- Cosmopolitan, Club about 10.3 0 and .went to a m'en's bach. , . Two "spots" were absorbed and for , supper they had coffee, flavored with whisky. . * Then they talked till about thr-ee o'clock and Fred left for home— <T.uite sober. " ~ Upon being informed that the court was satisfied that Goodman had not been m a fit state to drive a car; Lawyer Moody had a word or two. to say oh the question of penalty. After referring to the (Jianlage to the car and the . indignity to a man like Fred of being locked up m a cell, alsb pointing out that the offence had not been committed m the busy hours, Counsel urged that the case should .b_ met with a fine. . . ' . Particularly, he appealed fbr Fred's license to be severely left alone, as his car was essential to his business as a contractor with several jobs m the country. The magistrate remarked that it was an aggravated case, adding that Goodman was funning a grave' risk by usirig his car. . However, he would not say anything about the license, and, to indicate his view of the charge, wovild iihtfose a fine of £30. Fred has to stand another black mark for damaging property of the New Zealand Government and to pay 15/- for its replacement.