£l5 FINE IMPOSED

Waikato Times, Volume 125, Issue 20910, 15 September 1939, Page 8

£ls FINE IMPOSED

INTOXICATED DRIVER CHARGE AGAINST STOCK AGENT CONCUSSION DBF\ENCE DISMISSED 4 Trom the evidence before me, there seems to be no doubt that this man was intoxicated and that he was not fit to drive a car,” said Mr S. L. Paterson, S.M., in the Magistrate's Oourt yesterday when convicting Neville ‘Charles Wallace, aged 31, a stock agent, who was charged with being intoxicated while in charge of a motor car. Accused, who pleaded not guilty, was represented by Mr J. ■F. Strang, and the case for the police was conducted by Senr.-Sergeant G. H. Lambert. Wallace was fined £ls and was ordered to pay the costs of the prosecution. In addition, his driving license was suspended and he was • prohibited from securing another for one year. He was allowed two ■weeks in which to pay. “The only evidence that accused was suffering from concussion in his own statement,” said the magistrate. “Taking everything into consideration, it seems plain that his condition was due to alcohol. One of the witnesses gave evidence that when he was driving down Victoria Street accused was weaving from side to side, and that is a sign of a drunken driver. The evidence concerning his actions at the police station is consistent with what could be expected of an intoxicated man. Taking all these things into consideration, I think the suggestion of concussion, which was raised by the defence, must be eliminated. It seems to have been an afterthought by Wallace to exculpate himself when he found that he was going to be charged.” After hearing Mr Strang on the question of penalty, the magistrate said that he did not intend to send accused to prison, on account of the fact that he had suffered from meningitis. The first witness for the prosecution, Dr. B. C. Martin, said that when hi examined Wallace at 6.35 p.m. on August 11 he found him in a state of intoxication and not in a fit state to drive a car. Witness had not received any history of physical injury concerning the man. To Mr Strang, witness said that concussion due to an injury might account for some of the symptoms Wallace showed. Witness knew that some years ago Wallace had been treated at the Waikato Hospital for meningitis, and on this account the man would be more susceptible to concussion. When interviewed, Wallace was quite confused in his memory. Re-examined, witness said he did not think it usual for a man suffering from concussion to go into a heavy sleep for about 21 hoiurs after being placed in the police cell, as described by Senior-Sergeant Lambert. That condition might be consistent with intoxication. Jump For Safety Fred Silcock, a boy aged 14, said that on August 11 he and his brother were crossing Bridge Street, Hamilton East, with a canoe placed on two bicycles. Witness saw a car come round the corner and travel straight towards him. Realising the danger he dropped his cycle and jumped for the footpath. The car carried on over the cycle and crossed the traffic bridge. The cycle was damaged but witness was not hurt. Another car came over the bridge and then turned and followed the first vehicle. Frank Vincent Findlay said that at 6 p.m. on the day of the accident he was driving across the traffic bridge in an easterly direction and saw the accident. The car was going at an average speed, but turned in towards the boys, one of whom had to jump for safety. Witness turned his car round and followed the other vehicle, which went along Victoria Street, down Collingwood Street and into Anglesea Street. He signalled the driver to stop in Anglesea Street and asked him what he meant by failing to stop after he had hit the cycle. The driver, Wallace, did not seem to know what witness was talking about. He did not seem to be in a fit state to drive a car, and bad the appearance of being intoxicated. As he drove alone Victoria Street he seemed to be unsteady in his course. After the car stopped witness took Wallace Into the fire station and communicated with the police. Unsteady on His Feet Arnold E. Webb, a fireman employed at the fire station, said that when he went into the watch house he saw Wallace sitting on the table with his head hanging down. When accused walked away with the constable he appeared unsteady on his feet. Evidence of having arrested Wallace was given by Constable K. N. Crisp, who interviewed accused at. the fire station. Wallace said he had driven from Morrinsville that afternoon. When asked how many drinks he had had. Wallace did not. commit himself, hut said he had had quite a few. Witness considered that the man was definitely intoxicated and was unfit to drive a car. His car had some mud on tt, and witness said he had run off the road on the way home from Morrinsville when he was dazzled by the lights of an oncoming car. On the way to the police station Wallace kept insisting on shaking hands with the constable. Similar evidence was given hv Constable .T. Richardson, who accompanied thr* previous witness to the fire station. Constable 11. R. Htmtlev said that when placed in the roll Wallace went, into a depp sleep. At 0 p.m. he was still aslpcn ami could not bp roused. Accident on Way Home It was admitted that accused had had Ifouor at Morrinsville that dav. but be had bad none after 2 p.m., said Mr Stranir when nomine: the case for the defence. He had irone to Morrinsville to carry out some business and bad done a good deal of work after 2 p.m. On the way home he was dazzled by the lights of an approaching vehicle and ran off the road. That was how h*s car became spattered with mud. X'’hm the car went down the bank Wallace jarred Ijis head and received slieht concussion, and this would account for his condition later. “It is not concussion when a man keeps wanting to shake hands with a constable.” said the magistrate. “That is alcoholism.” Evidence By Accused In the witness box, Wallace said he bad been connected with stock firms

since 192 i. It was hard to say how much liquor he had when he went into the hotel with a client at Morrinsville, but he though it would be about, eight or nine medium glasses of stout. He felt quite normal when he left the hotel and transacted some more business. He had no liquor after 2 p.m. He did not remember anything after he ran off the road on the. way back from Morrinsville. Since that time he had had a recurrence of the meningitis pains in his neck. Mrs Kathleen Gera mine Ellery said that on the afternoon of August 11 Wallace and a man named Morgan ar« rived at her place in connection with some stock which were to be sold. Wallace examined the stock and both men appeared to be perfectly sober. Charles Ilinkley Ellery, a farmer, of Morrinsville, said that when he saw Wallace at the farm lie did not appear to be affected by liquor. At this stawge the hearing was adjourned until the afternoon to enable medical evidence to be called.