LYING OR DRUNK?

Sun (Auckland), Volume II, Issue 595, 22 February 1929, Page 1

LYING OR DRUNK?

S.M. DISBELIEVES TAXIDRIVER’S STORY INTOXICATED IN CAR I “I am left to assume that this man is committing wilful perjury or was so much under the influence of liquor that he can remember nothing of the occurrence.” So All*. W. R. AlcKean, S.M., summed up tlie evidence when Andrew Ferguson was charged at the Police Court this morning with being intoxicated in charge of a motor-car. Air. F. VV. Schramm appeared for Ferguson and entered a plea of not guilty. Constable Frain said that he had | accosted Ferguson at the corner of j Karangahape Road and Newton Road while the man was sitting intoxicated at the wheel of his taxi. Witness tried to get Ferguson out of the car, but a friend had come to the man’s rescue and the effort had to be abandoned. “I later visited Ferguson at his home,” continued the constable, “and found him still under the influence of liquor. He then admitted to me that he had had a drink just before I accosted him.” “I would not care to risk my neck with him, and I have been driving for 12 years,” declared Georgy Rhodes, when asked what he thought of Ferguson’s condition when the constable spoke to him. Ferguson’s story was that he had entered an hotel, but not for a drink, and he had refused to touch any liquor. It was eight or nine ’days since he had last had a drink. “I was sitting in my car when the constable came up to me and said that I smelt of drink.” continued Ferguson. “He said I had better come along to the station and started to pull me about. I asked him what was the grand idea, and after a while he gave up the attempt to get me out of the car and went away. When he came to see me at the house 1 had had a bottle of stout, and the empty bottle was on the mantelpiece.” In answer to Air. Schramm. Ferguson denied that he had had any drink that afternoon. He was very careful, as he had been told that if a taxi-driver smelled of liquor while he was driving he would be arrested. Air. AlcKean said he had no doubt of what had occurred. Defendant’s mind was probably clouded through drink, and he would be convicted. Counsel reminded the Magistrate that Ferguson had been before the Court on a similar charge a few weeks ago, when his licence had been *ndorsed and he was fined £25. The offence he was now convicted of was on an eariler date than the one for which he had already been punished, so Air. Schramm asked that no fine be imposed. “The City Council has already refused to grant Ferguson a licence, though I cannot tell by what right it does so after your worship had ordered an endorsement only,” he said.

Air. AlcKean: I think the council was right. I was too lenient last time. This time the licence is cancelled, but I shall impose no fine.