COURT NEWS

Opotiki News, Volume II, Issue 155, 8 March 1939, Page 2

COURT NEWS

MAGISTRATE’S SITTING FOUND DRUNK ON ROADWAY" There was a big attendance of the public at yesterday’s sitting of the Opotiki; Magistrate’s Court. Mr. E. L. Walton, S.M., occupied the bench. Police proceedings were conducted by Constable W. A. Rathie. Harold Howard! Walker, was charged that on 4th. March during the currency .of a prohibition order he did procure liquor. Constable Rathie stated that, in .company with Constable Cooper, he saw accused lying on the roadway. He had ,been drinking/ methylated spirits. Mr. Walton said that in view of the fact that accused had been in prison he would he convicted and! discharged. JEALOUSY OVER GIRL Two young men, Bruce Hunt and William‘ Laird were charged by'the police with behaving in a disorderly manner in a public place. Constable Rathie stated that the occasion was a ’dance at the. Woodlands Hall. The two constables were on diuty outside the hall and) the two defendants were shouting and shaping up as if to start a light. They actually did make passes at one another. Later they got in a. car down the road ond informed the police they were going to fight it out about a girl. Nothing previously was known about the young men. Huntsaid he had nothing to- say; but Laird said they had had words over a girl. There was a bit of jealousy. Hunt hit him on the wi;ist and broke his wristlet watcli. / Both were convicted; and fined £l.

LICE INFECTED SHEEP THREE BROTHERS CHARGED Mervy S. Tipping, O. V. Tipping and I. F. Tipping were; proceeded against by the inspector of stock, Mr G. Kent, on charges of exposing beeinfected sheep for sale at the Wliakatane fsalevards. The- inspector . said lie had examined some of the sheep and found a, number with lice. The ■sheep had subsequently been dipped as requested. Each defendant was fined £1 and costs. > ■... MINOR TRAFFIC OFFENCES . . ,:vr'.T V' The borough!; traffic inspect of',' At ifA J.' H*. Moroll prbteeded against- "avnumber of motori&tjjCand cyclists'-for 1 various offences. John. Curtis Hill and Terence C. J. - Neil with driving motor-ears ; iitlw-the borough without tail lights. -..-Each- was fined 5s and costs 18s. ‘ -'W J \ For riding a bieye without-having a light attached, Joh;myi7i'foffiqn was fined os and! costs I2s. For-riding a bicycle without a light Boliinson was fined os and. cc'sts ills, and for a similar offence, John Biddle was fined os and costs 17s. i t-y\ \ INTOXICATED IN CHARGE OF ,j CAR ' - - A FARMED FINED £ls A farmer, Victor Ernest Wilson, was charged with being found in a state of intoxication while in charge of a motor car in St. John Street on 20th. February. Defendant who was represented by Mr. X. V. Hodgson, pleaded not guilty. In outlining the case, Constable Rathie said on the 20th. February Inspector Morell saw defendant come out of. the backyard of the Royal Hotel. Ijhe inspector noted that defendant wa.s under the influence of liquor. About a quarter of an hour later the inspector .saw defendant in a truck in St. John 'Street, and after drawing attention to his condition drove him to the police' station. Dr. Brass gave a certificate that defendant- was not intoxicated but was not in a- fit state to drive. Defendant was' not satisfied with this examination and! at his request the police got Dr. Mail who also gave a certificate that defendant was in a slight state of intoxication.

In evidence Inspector Morell said lie saw the- defendant in the back yard of the Royal Hotel talking to some Maoris. He came out on the path and was very unsteady on his feet. About a quarter of an hour later he saw him in his truck. He stopped defendant and told him he was not'in a tit state to drive a motor vehicle. Defendantwas unsteady on his- feet and; his speech was thick. He (the inspector)

then drove defendant' to the police station.

To Mr. Hodgson-, the inspector said _ he saw defendant driving along Rich.-' ard Street towards St. John' Street. He (witness) did not notice the heat, in "the police station when defendant was there. '

Constable W. Cooper said that at 8.5’ p.m. the accused was brought fo the police station by Inspector Morel L Accused l said he had had a few drinks. Accused asked if he could call another doctor after lie had been examined by Dr. Brass. This, wa.s done. The accused was thick in his speech and unsteady on his feet and witness considered he was in a state of intoxication. Defendant said he had been drunker often in charge of a-motor-car' but had!, never been arrested. To Mr. Hodgson witness V said he wa.s not affected by. the lieqt in the police station. Defendant would not say liow many drinks he had and winked. Witness disagreed with Dr. Brass’ opinion that defendant was not drunk Tie (witness) considered he was drunk. Dr. Brass’ test was not a severe one and in witness’ opinion defendant did not do them very well. Constable W. A. Rathie in evidence, .said that at 2.45 p.m. on the 20th. February he saw the accused come out of the back gate .of the Royal Hotel. He had a- pronounced stagger as be walked along. He was not so far drunk as to be arrested as a pedestrian but lie 1 was not fit to drive a car. When the car brought aim to. the station he was not so. intoxicated. Accused endeavoured to sign liis name. To Mr. Hodgson witness admitted ■fliatr .»£\ccused had signed his name better vtith Dr. Mail’s fountain penWitness said he disagreed with Dr. Brass’ certificate. Defendant seemed to be calm and not upset. Witness did not know if defendant normally was slurred in liis speech. The police office did not have slippery, lino, on the floor.

Dr. A. J. Brass in evidence said that he examined defendant but he did not consider him completely intoxicated but he was under the influence of liquor and not in a fit state to drive a motor vehicle. Certain tests showed the effects of alcohol on the system. Examined by M*r. Hodgson witness, admitted that excitement would accentuate the effects of liquor for at short time.

This ended the case for t-lie prosecution and Mr. Hodgson then called defendant to give evidence. Defendant'said lie left his small truck at Mr. ‘"Kidd’s. Later he went into the Royal (Hotel witli_Mr. Kidd, after lunch. He -left the hotel at about 2.30 p.m. He '{titl'd four or five pony beers. He went to the back of the hotel and spoke to some Maoris about the pig sale. This was on the footpath. He. had brought in some pigs for one of the Maori.s and they discussed the matter. He then crossed the read to go to Mr. Kidd’s garage. On thp way he met a Maori and Mr. Wright and then spoke to Mr. Jim He got his lorry and reversed out of thp garage and went down St-. John Street. The inspector had stated he had got witness out of his truck but. this was not- correct. He asked the inspector why he had picked on him. /Hfc moved over cm the seat and the. injector drove him to the station. He police he had had four or Dr. Brass was called. The police room was very hot and witnessryrho was not used to being felt the heat very mucli. upset as it was the first time had’, been in trouble with the police^"-■ He had considerable trouble with the-police pen which he thought, had sojiiiething on the end of the nib. He-! go’E-ion: all right with Dr. Mail’s pen., ; !^f ; He>' was not in the habit of

drinkiujg yyhen lie came into town and ncbod-#|^t|p D otiEi had ever seen him. drunlsA.V Toßatine defendant said lie did jiw 'remember drinking at other hotels oilithe .day in question. Ho also did/not.remember saying he had been drjmker' many times before and. had lieder? Jj.eqn arrested. Mr. Wright said lie met defendant on the footpath about a chain from-'Kidd’s garage. In witness’ opinion defendant was perfectly sober* He.claimed he had had many years of observation of people and ho knew when ;ay man >vas intoxicated. Mr. Jim r ßi&ss, foreman mechanic, said! he saw defendant when he called back to get thettruck. He spoke to defendant atyabdut 3 o’clock. Defendant backed out of the garage and he did not /.Inotihe anything wrong with defendant. l, r To Constable IR&tliie, witness denied that he noticed ; defendant was intoxicated and him not. to drive the truck. t | • Dr. H. said that

when lie; went tu the police station he found that defendant was very agitated and judged that- he had' had liquor, fiis blood pressure was fairly high when compared with a normal rate—3o to 40 points above what was considered normal for a man of his age. fie took tests some days later and defendant’s blood, pressure was still well above .-normal. -Defendant seemed upset at being in thefpclice station, it wa.s a warm .after noon. Tbe chief nnpressibk lie got was that defendant was a good deal agitated about-tne position he was in. It was hard to distinguish a man’s conditionfrom' Various causes. t Cross-examined by the police, witto read Ids. certificate. Thi|t stated 1 that defendant was slightly intoxicated and his condition was 4 likely to affect him' -when driving a car. This judgment at the time rest- • a good deal on defendant’s blcod pressure. Defendant had trouble with office pen from which the ink was ... ' not flowing properly. 3Ja\ Walton said it was a question of whether defendant had had sufficient liquor to make him unfit to drive a motor vehicle. Two experienced constables said he was not in a fit state to drive a car and the inspector had been of the same view. One doctor said the defendant was under the. influence of liquor and net in a fit condition to drive, while the other elector said defendant had had sufficient liquor to have an effect on iris judgment. Tlie bench convicted defendant and fined* him £ls with costs, and his license was cancelled and he was prohibited from obtaining another for 12 - months.

In asking that defendant’s licen.se be not cancelled, Mia Hodgson said lie was peculiarly situated. He lived a o long way from Opotiki and it was necessary for him to come into sales. Ho had no one- else who could drive the vehicle for him. In refusing to accede to tiie request, Mr. Walton issued a general warning as to was Irkolv to happen in future in ■ similar eases.