ALLEGED INTOXICATION.

Shannon News, 1 February 1927, Page 3

ALLEGED INTOXICATION.

WHILE IN CHARGE .OF A MOTOR CAR. CASE DISMISSED. At the Feilding S.M. Court on Wednesday, before Mr J. L. Stout, S.M., the police proceeded against Stanley Austin, of Foxtail, on a charge that on December 3rd last, near Awahuri, he was intoxicated while in charge of a motor car. Mr Cooper, representing the accused, entered a plea .of not guilty. Sergeant Cahill set out that on the date mentioned Austin was proceeding to his home at Foxton and when some 2j miles from Feilding on the Awahuri road, crashed through a post and rail fence, falling some 15 feet down the embankment. Witnesses would testify as to the accused’s condition at that time. William Oppat, builder of Sanson, said he arrived on the scene shortly after the incident occurred. Curious ■wheel marks on the road-way led him to glance over the bank where he saw a car tilted on an angle about 15 feetbelow the level of the road. Some person-, was 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 wire fence below, he would say he was intoxicated.

William Pearse, metal carting contractor, gave evidence that he was working 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 stammeriug. Mr Cooper expressed the opinion that His Worship would need clearer evidence of intoxication before entering a conviction. He led with several witnesses.

Earle Bryant, billiard saloon proprietor, Foxton, said lie was in Austin’s company practically all day, and accounted for only live drinks consumed during the day. Charles Simmons, motor engineer, said that he was speaking to Austin near the Feilding Post Office at about 4.30 p.m., when he was then quite sober aud talking rationally. In dismissing the t information, the Magistrate said that in a case of this nature, which 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 which to come to a decision. In this„case the evidence was not sufficiently strong, only two witnesses testifying to some doubtful outward signs of intoxication. In the defence, it was unfortunate -that the persons helping Austin out of his difficulty had not been called as witnesses. There was no doubt that Austin had had some liquor, but the fact that he attended to his ear and got home to Foxton without further trouble showed that there was little the matter with him.—Feilding Star.