LAWYER'S SOBRIETY ATTACKED

NZ Truth, Issue 1263, 13 February 1930, Page 9

LAWYER'S SOBRIETY ATTACKED

Allegations of Three Witnesses In Collision Case Rejected by Magistrate

YOUNG SOLICITOR'S NAME UNSULLIED (From "N.Z. Truth's" -Special. Christcnurch. Representative.) An allegation of insobriety against Charles Firth Woodhead, one of the younger members of the Christchurch Bar, who was recently involved m a motor collision, met a prompt rebuff from the magistrate, Mr. E: D.Mosley, when counsel for the defendant, , Arnold Winter Soanes, endeavored to establish that '"VJfoodhead, who.' was a police witness, was mainly responsible for the collision through \ being under the influence of liquor.

WHILE Woodhead was ■ giving cvi- i dence m the witness 'box. there were passages at arms between him and Mr. Roy Twyneham, for the defendant; which at times threatened to stoop to personalities. Only a firm stand by the magistrate prevented • the "venting of personal spleen,'' as Woodhead described it. ■' -•■■ ■;•/■„ ..■■■'..■ ■ . ■ )■;■■ The allegations of insobriety, though supported by the evidence of three independent witnesses who were on the scene of the collision soon after it occurred, were not accepted by the magistrate, who relied oh the evidence of two police officers who interviewed Woodhead within ten minutes of the accident taking place. . -.' , •The action, was brought by the police against Arnold Winter Soanea, grocery manager for the Supply Stores, Sydenham, who was charged with failing to give way to a vehicle on the right. Woodhead, a solicitor, was the first witness called by the police. He stated that at 10.55 p.m. on December 19 he was driving west along Hereford Street, at ab»ut fifteen miles an hour. When approaching ' Montreal Street intersection he saw. another car travelling north a.long Montreal Street, welh on its right side. It appeared to be travelling at a reasonable speed. Woodhead said he intended to continue straight over the intersection, tout as the oncoming car on his left made no effort to give him right of way, he swung sharply to the right. At the same moment the other car seemed to accelerate, and a collision occurred. VALUE OF THE CAR Soanes's car was tipped over on its side, and slid about- four feet. Both cars were extensively, damaged. When Woodhead and his passenger, Miss Mollie Stringer, got out they could not find any sign of the driver of the other vehicle, and it was not •until ten minutes later that Soanes, who was standing at the front of a crowd which had gathered, spoke up and said he was the driver. . To Mi*. Twyneham, Woodhead stated that the car, was a 1926 model, which he had hired from Crozier's garage, and he had been driving it for about two weeks. Counsel: What do you estimate the damage at? — About £50 or £60. Isn' t the . car completely wrecked ? — No. ■ Not by any means. Haven't Crozier's made a claim on Soanes" for, the full value of the car, about £165? — I believe they have. - Well, doesn't that indicate that they think the car is completely wrecked? — I think v the damage could be repaired for about £ 60. Did you and your passenger stayat the scene of the accident? — Yes, except for the time she went •■: away to get a drink of water. The •-. rest of the time we were . both there until I went for the police. You say you could not find Soanes after the impact? — Yes, we looked around the car and m it, v and couldn't see anything .of him. Didn't you see him lying on the ground? — No. ■ Well, I have a witness named Inkster who was there first, and he says he saw Soanes, but couldn't see either you or Miss Stringer, for some time. What do you say to' that?— The only time I left the cars was to get a constable. . Had you had any others m the car that night?— Yes, a man and a girl "yhom we had already dropped, and I *as .taking Miss Stringer home to Fendaltori. You had been to Kaiapoi? — Yes. What time, did you leave to return to Christchurch? — About 9.30 or 9.45. What were you doing between then and the time of the collision?— We came straight to town. '. What were you doing at Kaiapoi? — I was peeing Mr. Hlcklnbottom on business. ; ■:, ■.■;• „;■■' " .'■ ! Senior-sergeant Shanahan: What is the object of this line of cross-exam- i ination? ••;• , : a Woodhead: Just trying to vent some personal spleen. All right, go ahead. Mr. Mosley.-'What .are you probing at, Mr. Twyneham? "That Woodhead had .too much to drink that night," replied counsel. MAGISTRATE'S COMMENT The .magistrate: Well, , ask him straight out. ■■-■■"• Counsel: Had you had any drink that night?— Yes, I had one 'cherry brandy liqueur . after completing mybusiness. ■ . . • The magistrate: I have known Mr. Woodhead for a number of years, and I would be' very aur- : prised to know that he took drink at all. Mr. Twyneham: You will be surprised then, sir, as I have witnesses who say he was under the influence of liquor that night. Woodhead added that he had two or three drinks that night after the collision, but it was not a"iboozeroo." Counsel: Do you know a young man named Joseph? ' He will say that you were under the influence of liquor! — Well, he is up against it when he hears the police evidence. • v You know Miss Penman? — Only by name and repute. . .•/'■• And Inkster will say the same?— lt all depends whether he is a great' friend of Miss Penman's or yours. She has a loose character. The. magistrate (sternly) : I will not allow counsel or witnesses to vent their spleen. Please let us have no more of it. Mr. Twyneham: I am merely giving the witness a chance of denying what my witnesses will say. The magistrate: We cannot have the passing of discourteous remarks one to the other. . . , ' Mr. Twyneharhij I have no intention of doing so, sir. Woodhead (dubiously): I'm glad of that. Replying further under cross-exam-ination, Woodhead stated that Soanes was very 'uncommunicative after the smash. Soanes considered he was on the intersection first. Woodhead said he took Miss Stringer home to Fendalton, and then returned to the police station at midnight, but he did not make a statement until the next day. . - Corroborative evidence was given by Miss Mollie Stringer,, who •aid that Woodhead was on the , Intersection 'first, and. Soanes's :

,car seemed to swerve m front of them, Woodhead turning sharply to the right to, avoid a collision. ; Consta/ble Hayward, who heard the collision from the police station a hundred yards away, said he could not find Soanes for^ a while after the acVcident. The constable was quite satisfied that Woodhead was sober. Evidence was also given by Miss Catherine • McCormick, a police matron, who observed Woodhead's car travelling very slowly past the police station just before the collision, and by Senior-sergeant Shanahan, who lives handy to the intersection. Woodhead; he said, appeared perfectly sober, and. did not strike the

sergeant as being excited. His main concern was for the missing driver of the other car, who at that time could not be found. In opening his case for the defence, Mr. Twyneham intimated to the court that there seemed to be a distinct conflict m evidence on Woodhead's sobriety. Two men named Joseph and Inkster, and a Miss Penman, none of whom knew either of the parties, all declared that Woodhead smelt strongly of liquor. In giving evidence, Soanes'maintained that he was on the' intersection first and that if Woodhead had kept straight on instead of swerving to the right there would not have 'been a collision.

Soanes said he must have bump- '; ed his head when his car turned over, for the first thing he knew was the man Inkster speaking to him. Soanes thought that Woodhead had been drinking, as he was talking wildly. , The Senipr-sergeant: Were you alone m the car that night? — Yes. Are you quite sure you didn't drop somebody at that corner? — Yes. It is strange that you could not be found for some time? — That's what . I can't understand. I couldn't see Woodhead. Inkster was. the first man I saw after the accident. Are you quite positive you were there, and that you didn't go away somewhere? — Absolutely. The Senior-sergeant: Well, it is surprising 1 that the police couid not find you" for a while. Arthur Ernest Joseph, a well-known Canterbury athlete, who was one of the first to reach the scene of the accident, said he was clo^e to Woodhead and certainly smelt liquor m his breath. He was also speaking- wildly. | The Senior-sergeant: Gould you say if that- was his ordinary nianner of speech? — -No. Are you sure you ■' are not interested m Woodhead,. either directly or indirectly? — Quite sure. William Howard Inkster, a salesman, residing at St. Elmo, who was another early arrival, said he only saw Soanes and could not see anything of the driver of. the other car. It appeared to Inkster by the way Woodhead was going on that he had had drink. / .: Miss Olga Mary Penman stated that she . had smelt liquor in' Woodhead's breath. : Mr. Twyneham: Do you know Woodhead?— Only iby repute, the same as he knows me. Do you think he was sober ?< — No. The Senior-sergeant: > What knowledge or experience have you of drunken men?— l have seen them before, and have treated them. The magistrate: What were you? — I was nursing. Qualified?— No. The, magistrate: Oh, I have been nursing, too. . "An incident has been introduced into the case which is certainly regrettable, 'but fortunately we have- the evidence of two experienced police officers, which, settles the sobriety of Mr. Woodhead completely to my mind," commented the magistrate. "I disregard trie evidence of these young people who say he was under ,the influence of liquor." Adding that Soanes should have given way to the vehicle on his rig-ht, he entered a conviction and fined Soanes £3 and costs.