TWO APPEALS

Waikato Times, Volume 122, Issue 20502, 19 May 1938, Page 10

TWO APPEALS

INTOXICATION CONVICTION MOTORING ACCIDENT SEQUEL CASES HEARD TOGETHER Appeals against their conviction at Hamilton on charges of being intoxicated in charge of a motor-truck at Gordonton on March 12 were made in the Supreme Court, Hamilton, today by Maurice Cronin, motor trimmer, of Hamilton (Mr E. F. ClaytonGreene) and Cornelius McDevitt, labourer, of Hamilton (Mr A. L. Tompkins). The Chief Justice, Sir Michael Myers, was on the bench. Respondent in both actions was Constable J. T. Mills, of Hamilton, who was represented by Mr 11. T. Gillies, and Mr J. R* Fitz-Gerald. Formal admissions, that McDevitt was the owner of vehicle, that lie was sitting beside the driver, that Cronin was driving and that Cronin at the time was not the holder of a driver's license were made by counsel for appellants at the request of Mr Gillies prior to the opening of respondent’s case. Other Driver’s Evidence Henry Bernard Knyvett, herd tester, of Hamilton, gavq evidence of .'the accident on the evening of March 12. On his way by car from Puketaha to Gordonton a truck had run into him. There had been three men in the truck, and they had appeared intoxicated. Appellant Cronin and a man Ramsay were standing near the truck when witness came up and McDevitt was in the truck. The latter seemed very intoxicated. At that time, witness understood McDevitt was the driver of the car. A request was made at this stage by Mr Tompkins that the matter of identity of the driver might not be pursued. It had been now admitted that the driver was Cronin, though as a result of charge's preferred in the Lower Court all three occupants of the truck had been fined for obstructing the police in that they had misled the police as to the identity of the driver. The request was agreed to by Mr Gillies and granted by His Honour. To Mr Tompkins, witness said his car had no facilities for “dimming” lights. The night was dark and the road corrugated, though not very badly. It was true that McDevitt used a steel tape to take measurements after the collision. Witness refused to join him. Re-examined, witness said he considered McDevitt to have been the most intoxicated of the three and Ramsay the least. Two Issues Only At this stage His Honour pointed out that there were but two issues: (1) Who was in charge of the vehicle, McDevitt or Cronin or both? and (2) was the person or were the persons in charge in a condition of intoxication ? David Burt Cleland and Sefton Harold Cleland, brothers, and farmers, of Gordonton, gave evidence of what they saw on arriving on the scene shortly after the accident. The former said McDevitt seemed intoxicated. McDevitt had tried to prevent witness moving off in his car to ring the police and witness had to pull off the road. Both brothers stated McDevitt was unsteady on his feet* Respondent, Constable Mills, described going by taxi to the scene of the accident. Respondent met McDevitt at a farmhouse and asked him if lie were the driver, and how the accident occurred. McDevitt smelled strongly of liquor, he was unsteady on his feet and his speech was more indistinct than usual. Respondent had known McDevitt for about seven Incident at Watch-house On arrival at the Hamilton watchhouse, the police ’phoned for Dr. A. G. Waddell. McDevitt objected and asked for Dr. E. T. Rogers, and shortly after dozed over the watch-house counter. On awakening McDevitt said to respondent “As for you, I’ll make you the biggest fool in New Zealand before I’m finished with this.” Witness also remembered McDevitt say witness had “no show of proving” that he (McDevitt) was driving the truck. At that time the actual driver was not xrown by the po’h'e Respondent 1 card a yi** : ent argument between McDevitt and Constable Huntly on the subject of bail. Dr. Waddell examined McDevitt about two hours after the accident* Cross-examined by Mr Tompkins, respondent said McDevitt did not speak coming back in the taxi. Witness considered him badly intoxicated. * Proceeding)