RECKLESS DRIVING.

Auckland Star, Volume LV, Issue 249, 20 October 1924, Page 8

RECKLESS DRIVING.

MOTORS IN COLLISION. ACCIDENT AT ONEHUNGA. A 6«quel to the accident which occurred at Onehunga on August 30. when two motor cars collided, was the appearance this morning of Witlibourue YVynnPaulder, dentist, at the Onehunga Police Court before. Mr. W. It. MeKean, .. S.M.. to answer two charges: (1) lieing !!T drunk -while in charge of a motor ear. ■ . {•>) recklessly driving a motor ear in a j .. manner dangerous to the public. .Mr. J I-" W. Dickson defended, and pleaded , M not guilty. . t Outlining the case for the proseculV tion, Sergeant ,1. A. t'ruickshank said |( , r that just before midnight on Saturday, , s August :'.O last, a motor car belonging . j to the defendant hit a car owned by , w IMr. ,1. Park .in Manukau ltoad near tbo " v . I Royal Oak with such fovea that a< j I l-'aiilder'.-i ear slewed round and turned a completely over on its bonnet, liotli o r front wheels were torn off, and the j ie front was generally badly smashed. Mr. l, e Park's ear Mas a pood deal damaged at , is the rear, but, after it had been fixed ;„ up, it was taken home under its own, , d power. he J Both charges were taken together. ns Constable J. Quinn deposed lo \isit- ;„ ! ing the scene of the accident at about a-quarter to twelve p.m. l'auldcr and th his companion, Ferguson, and Dr. "Wall

f r . accompanied witness to the police ) r ' station. Upon their arrival there Faulder said Sergeant Cruickshank could certify to his sobriety. The sergeant repl'cd. "You have hud a good lie 1 many drinks." Faulder made no reply, is j and was allowed to take his friend le Ferguson home. About 4.30 on Sunday o- morning witness took Ferguson out of 7 the Onehunga fire brigade station to s_ the hospital. Faulder had uot taker: ie iiim home. 5t ln answer to Mr. Dickson, witness iv admitted that Faulder was quite coheria cnt when questioned. They knew each '<? other. He did not have to assist ld Faultier to walk. Faulder was not "• drunk from a police point of view, out ! c ho had too much liquor to be iv charge ■' of a vehicle.

' s Sergeant J. A. C'riiickshank admitted, " I in answer to Mr. Dickson, that Faulder | was sufficiently sober at 1 a.m. to take n j hi 6 friend, who was sick and had been '* j seriously injured, from the police s | station. '*• j Dr. James Walls, of Epsom, said he r " I saw both men about 12 o'clock, just after the accident. Roth were intoxiI cated. Defendant was not safe to drive : s | a car. He d'd not talk coherently, and '•acted in a foolish manner. lie tried to interfere with his instruments. Defendant paid witness .CI for attcild- , ing to Ferguson. Faulder was quite capable of taking Ferguson home, from 'I a mental and physical point of view. . 1 lv answer to the magistrate, witness . I said defendant had sobered up from ; the time of the accident to when ho , saw him in the Onchunsa Police E ' I Station. I J. Park, architect' said thnt on the night lin question, his motor car was standing

r 'i outside the entrance to the One Tree I Hill Domain. He was standing on the I footpath, while the owner of another ear was filling his tank with b.-nzine from j witness' car. He saw a car coming 11 towards them at a fast pace, and almost 2 , immediately it crashed into his car. The t j oncoming car turned a somersault and ijone man came out of it through the j windscreen. Witness went over to the ' overturned car and rescued a man from i underneath. He did not know Faulder, ' I who appeared to be dazed. His ear was " I pushed a distance of about 14 feet. The 3 i front brake was on. His car weighed ! I about 35 cwt. Defendants ear had to be 1 j put on to a lorry to get it taken away

I to a garage. ' , Victor Bailey, labourer, said he saw II Mr. Park's car. The tail light was ' j burning brightly. I Ernest Smith, a motormnn, said the : ' man who came out from under the motor i car was under the influence of liquor. I William Barnett, another motorman, , | said he considered that Faulder was j under the influence of liquor, but not [drunk. Faulder declined to answer when | witness asked if he was the driver of ! the wrecked car or a passenger. | Frederick North, proprietor of a motor garage, said defendant's motor was really beyond repair, and not worth doing up las the result of the accident. The | weight- of the car when it was turned over would crush everything. j Alfred Grundy, motor mechanic, said !he examined defendant's car on the 1 following Tuesday, when the moving ! parts. of the steering gear were I mechanically correct. It cost £58 13/ to | repair Mr. Park's car. The rear light :of Mr. Park's car was broken. j Tlie Magistrate said* he understood that both charges arose out of the one set of circumstances. Sergeant Cruick- ' shank wished to give evidence of alleged i reckless driving at *> p.m., but lie had I decided not to hear the evidence of two I other witnesses which the Sergeant proposed to call in support of the charge of reckless driving at about 5 i p.m. [ Constable A. 11. Barnes said he ob-

j tamed a written statement of the accident from Faulder. This concluded the evidence for the prosecution. Case for the Defence. Mr. Dickson said the salient facts were that his client was driving a motor car when the accident occurred. Faulder had paid the sum of £58 13/ for repairing Mr. Park's car. A man named Parker had a tooth extracted by Faulder at 10.30 p.m. on the night in question, and he would swear that Faulder was quite sober then. He would call three witnesses who saw Faulder just after tho accident who were quite satisfied that he was sober. Faulder would account for the accident by stating that he asked Ferguson to take the steering wheel while he lit his pipe, when the car swerved and caused it to run into the other car. In evidence the defendnnt, W. W. Faulder, stated that he had some drinks in Newmarket up to 5.30, but he had no more after that, and was then quite sober. He was at his own office at 7 o'clock. Mr. Parker came to have soma teeth out before 10.30 p.m. Witness left at 10.50, accompanied by Ferguson, and called at Murphy's for live minutes He then ran into Mr. Park's car, travelling at 15 miles an hour. While ho was lighting his pipe he asked Ferguson to steady the wheel, and just as his match went out he saw a dark object in front, too late to swerve out of the way. He absolutely disputed the statement of Dr. Walls that he wanted to put his hands in the disinfectant. He merely offered to steady the patient's head. Finally he left in the -same ear with the doctor Ferguson and Constable Quinn to the scene of the accident to find Ferguson's watch. Ferguson wanted to stay at Onehunga, but witness said he would take I him home. ' The defendant was convicted of reck 1 less driving and fined £10, with £.3 ].**,/ ewtg. The charge of drunkenness was dismissed. ___--__ J