FARMER FOUND DRUNK IN CHARGE OF CAR.

Shannon News, 9 July 1929, Page 2

FARMER FOUND DRUNK IN CHARGE OF CAR.

FAILS TO CONVINCE S.M. WAS DOCTORING- ENGINE. V \G ISTEATE SAYS CASES BECOMING TOO COMMON. Herbert I'M ward Williams, a farmer of Tokomaru, was unsuccessful in the Palmerston North M agistrate’s court on Saturday morning in convincing Mr ,J. L. Stout, S.M., that on Friday las*he was not intoxicated while in charge of a car in Cuba Street, Palmerston North.

He was also charged, that subsequent to his arrest on the first charge, he damaged a cell utensil beyond repair. Mr J. Grant, who appeared for Williams, entered a plea of not guilty on the first count and guilty on the second.

Sergeant Joyce, who conducted the police case, in outlining his evidence, stated that 'Williams’ arrest had been brought about by his leaving liis car -parked on the corner of Cuba and Taonui streets Two constables had noticed that the machine was facing in the wrong direction, and on investigating had found Williams sprawled across the front seat of the machine with cue hand on the steering wheel and one on the self starter. When questioned by the constables, lie had become very abusive, and as a result of his -behaviour and evidences of intoxication, he had been arrested. When placed in the cell he had created a further disturbance by hammering Ihe door with a cell utensil which lie had damaged beyond repair.

Constables Busch and Evans described the arrest of Williams whom they had found in the position described by the sergeant. Both were emphatic that defendant had been not only intoxicated but abusive.

Constable Busch, replying to Mr Grant, stated that he had not heard Williams ask for either a doctor or a solicitor.

WANTED TO FIGHT. . Constable Evans ntUted' that .Williams had wanted to fight him in the street and had also endeavoured to promote a wrestling contest. in reply to Mr Grant, the constable stated that defendant’s car had started without trouble Avhen they had driv on it to the station. He had not heard Williams ask for cither a doctor or a solicitor. Defendant had been searched at the watchhouso and informed of the charge that would be brought against him.

Constables Matthews who was watchhouse keeper, on the evening of Williams’s arrest, corroborated the previous evidence with regard to defendant’s intoxication and the fact that he had been informed of the charge against him. After defendant had been locked up lie had commenced banging the door of the cell. On the police investigating and informing him that he would be charged with damaging the utensil he had replied, “I don’t care — I’ll have that door down.” When he had been visited in the cells by the night,watch-house keeper and the senior detective at 9 p.m. he had not asked for a doctor or a solicitor.

DOCTOBING HIS CAR. Mr Graiit stated that defendant- was an old resident of the Manawatu district and used a car practically every day. On Friday, he had attended the Feilding sale and before returning to Palmerston North, had had one whisky at an hotel. His car had 'been giving him trouble through the petrol feed, and on arrival in Palmerston North defendant had gone to the Cosmopolitan Club, where he had expected to find a man who would remedy the defect. He had been unable to find this man, however, and before leaving the club had had one medium beer. This, with the whisky, was the only drink he had had Ml day. On returning to’'his car, Williams had endeavoured to locate the engine 'trouble himself, and while he was engaged in this operation, the constables had come along. Naturally, he had resented the police interference and had been veiy annoyed at being taken to the watch-house when he had considered himself perfectly sober. He had asked for a doctor in order that he might be examined for of intoxication, but his request had not been attended to. lie had banged on the door of the watch-house in order to attract attention to the fact- that he wanted a doctor and a solicitor. It was suggested that this was not the action of a drunk man, but that of a man who considered himself unjustly imprisoned.

Mr Grant then called his client whose evidence followed the lines outlined by counsel. Williams had not been informed of the charge that would be- brought against him. In reply to Sergeant Joyce, Williams stated that lie had always parked his car in the' direction, in which it had been found by the police. He had just located his engine trouble and rectified it when the constables had come oa the scene. This would account for the police being able to start the car. He ■denied that the police had had to drag him out of the car—lie had got 'out himself.

In reply to Mr Grant, witness stated that he had asked the police for a solicitor and a doctor, but had been told that nothing could be clone till morning. He had not known the charge against him.

A TEMPERATE MAN. Archibald Cecil Harrison, manager of the Cosmopolitan club, in evidence stated that he had known defendant. for three years and had always considered him a most temperate man. Witness was posiiive that defendant had had only one drink in the club on Friday evening, and in witness’s opinion Williams had been quite sober when he had left the building. Sergeant Joyce suggested to the wit ness that Williams might have maintained an appearance of sobriety when

leaning against the bar, and yet might have been intoxicated. Witness considered that he Would have been awai.e of this had Williams been drunk. This concluded the evidence.

CASES TOO COMMON. “It looks to me that if Williams was as sober as he said he was, he would have given an explanation to the police when accosted,” said the magistrate. “He allowed himself to be searched and placed in the cells, but did not think about asking for a solicitor and a doctor until half an hour afterwards. I. think that, under the circumstances, his conduct rather bears out the police assertion that he was intoxicated. “These cases are becoming rather too frequent in Palmerston North and are becoming common all over New Zealand. I will convict defendant and fine Mm £2O. His license will also be cancelled.

Mr Grant: With reference to the license, your Worship— The Magistrate: I intend to cancel his license for the remainder of the term. There has got to be some punishment for these people—it is either that or imprisonment. Williams was also convicted on the charge of breaking the cell utensil and was ordered to pay for the damage.