DRUNKENNESS ALLEGED.

Auckland Star, Volume LVI, Issue 84, 9 April 1925, Page 8

DRUNKENNESS ALLEGED.

IN CHARGE OF CYCLE.

A SYMOXDS STREET ACCIDENT.

In the Police Court, before Mr. J. W. Poynton, S.M., this morning, William Foley (35) was charged with being in a state of intoxication while in charge of a motor cycle in Symonds. Street on February 21, and also, that he did negligently drive the machine-, thereby causing bodily injury to Leonard Walker.

Senior-Sergeant Edwards conducted the prosecution, and Mr. Singer appeared for accused.

Dr. P. A. Lindsay stated that he examined accused at the police station on the evening of February 21. Foley was then undoubtedly under the influence of liquor. Dr. Macdonald, resident surgeon at the Auckland Hospital, said that on the date in question he examined Leonard Walker, who was admitted to the institution. He had a fracture of the base of the skull.

At this stage, Mr. Singer asked that all witnesses be ordered out of Court.

• Leonard John Walker stated that on February 21 he met accused, who had his motor cycle and side-car with him. Accused drove witness home, and afterwards they both went to Titirangi. After completing some business, they returned to the city at about 5.35 p.m., and both went to the Royal Hotel. Accused had two drinks and witness had a similar number. Afterwards, accused had some difficulty in starting the machine. They then proceeded homewards, via Queen Street, Karangahape Road, and Symonds Street. Witness had no recollection of the bike colliding with a motor car. To Mr. Singer: We left Titirangi at about 5.10 p.m., and reached the top of Symonds Street at about 5.40 p.m. There was no question whatever that both men had but two drinks in the Royal, and at rio time during the journey did accused drive at an excessive or dangerous speed. The trouble with the motor cycle was obviously mechanical. There way not sign of intoxication about Foley. Witness had some bottles of liquor in his pocket at the time of the occurrence, but Foley had none.

Grace C'hilvers gave evidence to seeing the cycle being driven at an excessive speed, just prior to the accident. She •saw accused, whom she alleged was

drunk. To Mr. Singer: There was a blockage of tram cars on the lines at the time. The cycle was nearer the kerb on which she was was, than the trams were. Constable Mackenzie and Sergeant Calwell both swore that accused was drunk when they examined him after the accident. The case was adjourned until this afternoon.