INTOXICATION CHARGE.

Auckland Star, Volume LXIII, Issue 208, 2 September 1932, Page 3

INTOXICATION CHARGE.

CASE AGAINST ENGINEER. DISMISSED BY COURT. After much evidence had been heard in the Police Court this morning, a charge of being in a state of intoxication while in. his motor car on August 28, brought against William Herbert Terrance Beattie, aged 39, retired engineer, was dismissed. "The evidence that will be called will show that Constable Gilmour .saw defendant's car make a wide turn in front of the hotel," said Detective Sergeant Kelly. "The brakes and tyres screeched and the car almost overturned. When the constable went to warn defendant about his driving and to ask for his license, defendant became abusive and threatening. He was the same when taken to the police station, and he refused to pay the doctor who had been called to examine him." Both the constable and Sergeant O'Brien gave evidence, in which they said defendant was intoxicated and unfit to have charge of a car. Cross-examined by counsel, Constable Gilmour eaid at first he had a doubt about Beattie'a condition. It took him about ten minutes to make up hia mind. Two taxi-drivers did not depose to defendant's condition, but both stated that Beattie's car made a wide turn and almost capsized. "The defence is that my client was quite eober, and a number of witnesses wall say so," said counsel for Beattie. "He resented being told that he was intoxicated when he was otherwise, and when the constable threatened to handcuff him, Beattie, of course, used a bit of 'backchat.'" Defendant, in evidence, said that with hie wife and four others he went to a ball at the Pirate Shippe at Milford last Saturday night. One small bottle of fruit cup containing a small quantity of brandy was taken. He only had three or four drinks the whole night. On getting out of his car he went into the hotel, where he had resided for two years, and was followed in by the constable, who placed his hand on his shoulder and said, "You're tight, resented being manhandled by .the constable, and that was. what made me so annoyed," he added. "I walked half a mile to the police station, and the reason I would not pay for the doctor was that I thought the police had called him, and also because he certified that I was eober." ~ , Dr. Bennett, of Devonport, said he met Beattie for the first time when he examined him last Sunday morning. He was excitable and talkative. 'At the finst glance I thought he was intoxicated, but after examining him and putting him through the usual tests I was satisfied that he was sober," eaid the doctor. "Although he had some liquor, he was quite all right, and capable of having charge of a car." . A number of other witnesses, including Dr. P. Andrew, and another, who saw defendant at 1.10 a.m. when he left to drive to Devonport, were called, all testifying that Beattie was sober.