DRIVER IN COURT

Waikato Times, Volume 122, Issue 20505, 23 May 1938, Page 8

DRIVER IN COURT

INTOXICATION ALLEGED ACCIDENT AT TE RAPA Intoxication in charge of a motor vehicle and negligent driving on the Hamilton-Ngaruawahia highway on March 15 were alleged against Ernest Stuart, a barman, of Ohakune, in the Magistrate’s Court, Hamilton, to-day, before Mr S. L. Paterson, S.M. Accused, represented by Mr N. S. Johnston, pleaded not guilty. Sergeant T. Kelly prosecuted for the police. Frances Robert Catley, said when he was approaching the Te Rapa school a car proceeding towards him swerved right across the road. Catle'y then swerved to the other side of the ro'ad, but accused’s car hit a culvert and shot back across the road, capsazing witness’s vehicle. Both witness and accused were taken to the Waikato Hospital. Harry Bennett said he was travelling close behind Catley and he saw accused’s car approaching on his incorrect side. Mr Catley could not have avoided a collision. After the impact accused was lying over the door of his car, his head hanging down. Doctor’s Opinion Dr. W. 11. Davis, of the Waikato Hospital, said he examined accused in hospital. He was noisy, incoherent of speech and he would not co-operate in examination. There was no suggestion of concussion and his condition was probably due to alcohol of which he smelt strongly. Accused’s memory was not good and he said he felt sleepy. He' was not in his normal state of mind due, in witness's opinion, to alcohol. On the night of his admission accused endeavoured to leave the hospital. Under cross-examination, witness said he did not consider that accused's condition was attributable to a blow on the head. He agreed accused was unconscious after the accident, but this was probably due to alcohol. In a statement to the police accused admitted having a small amount of liquor on the' day of the accident. He blamed the steering gear for the accident. Steering Gear Loose Accused said in evidence that his steering had been loose' for some time. He asked a garage to overhaul the vehicle and he was issued with a new warrant of fitness in February. Early in March the “ shimmy ” again occurred. It was repaired biit the fault re-occurred just prior to the accident, and caused accused to veer to the right. Cross-examined accused said he did not stop when his wheel went defective because he thought he might swing back to his correct side. The magistrate said that was not an act of a sober man. Accused admitted he was probably negligent in not stopping the car. Arthur Henry Piper, motor wrecker, of Hamilton, said the steering gear of accused’s car was not functioning. Wear cm the tyres suggested that one wheel was out of control at the time of the impact. Proceeding.)

MAORI OFFENDER FINED (By Telegraph.—Press Association) WANGANUI, Monday Henry More Hetu was fined £2O and his license was cancelled for 12 months at Wanganui to-day for being intoxicated in charge of a car. TELL-TALE BPEED GISBORNE DRIVER FINED £25 (By Telegraph.—rre«* Association' GISBORNE, Monday Charles Stuart Binnie (24), a labourer, was fined £25 and costs by Mr E. L. Walton, S.M., this morning on a charge of being intoxicated while in charge of a motor truck in Gisborne on Saturday eve'ning. Defendant pleaded guilty. The excessive speed and noise made by the vehicle attracted the attention of the traffic inspector. Defendant’s license was cancelled for a year. GAOL FOR CONTRACTOR (By TelegraDh.—Press Association) GREYMOUTH, Monday. John Walter Baxter, a contractor, was convicted for being intoxicated in charge of a motor lorry and sentenced to 14 days’ hard labour by Mr R. Ferner, S.M.