RESISTED POLICE.

Auckland Star, Volume LXIX, Issue 225, 23 September 1938, Page 8

RESISTED POLICE.

OBSCENE LANGUAGE.

INCIDENT AT AVONDALE.

' INTOXICATED DRIVER GAOLED A series of charges—licing in a state of intoxication while in charge of a motor car in Great North Road, Avondale, on September 17; using: obscene language; wilfully resisting Constable Davis in the execution of his duty, and carrying on the business of a bookmaker. all on the same date—was preferred against a painter, Leslie Arnold Moulder (38) in the Police Court to-day. Moulder, for whom Mr. George Skelton appeared, pleaded fiuiltv to the charges of using obscene language and resisting, but not gi'lity to the other two counti!. Sub-Inspector Fox said that about ."> p.m. l;i<~t Saturday Constable Davis, while fin duty in Great North Road, siw accused, and a companion staggering along the footpath. Moulder got in the van occupying the driver's seat, and his companion sat alongside hini after had lifted up the bonnet. When asked by the constable if he intended to drive Moulder said that he did, if he could start the — tiling."

"Moulder then made u-e of tire obscene language. and tliis caused quite a scene and a crowd to gather."' said Mr. Fox. "The scene was caused because he could not be persuaded to get out of the vehicle. Eventually, with assistance the constable got him out. He was arrested and later certified by a doctor to be definitely intoxicated. It was afterwards ascertained that the van was not in a condition to be driven owing to a defect in the rear axle. Xo doubt this will be a point made bv the defence." Handed Van Over. Mr. Skelton: The defence will be that Moulder was not "in charge" as he was not driving the van. Earlier that after noon lie handed the van over to his companion. After Mr. Fox had led evidence, counsel submitted that the van had broken down while Moulder and his companion were on their wav to the Avondale races. After leaving the racecourse both men returned to the

van. knowing that it could not be moved. All Moulder did was to enter the van after his companion had started the engine to try and ascertain what the trouble was. He had 110 intention of driving it. and even if lie did his companion, realising Moulder's condition, would have stopped him. An Avondale shopkeeper, who saw Moulder's companion driving the van at 3 oclock the same afternoon, gave evidence of this. Charge Dismissed. Respecting the charge of bookmaking. Mr. Skelton submitted that this must fail, because there was no evidence of any bets having been made. There was only the evidence of the constable that, when searching Moulder, the accused was found in possession of a number of cards, which meant nothing. Xot even a double chart was found. I

1 here is onlv the allejred statement of a drunken man to a constable that lie had taken some bets in an Avomlale street, but that is -not enough to prove this particular char-ie." added counsel.

The magistrate said Moulder must I>e convicted on tlic intoxication charge! However, tlie bookinakino- charge would lie dismissed, as the evidence was not sufficient.

Speakinsr in mitigation of the penalty rn tlie other three charges. Mr. Skelton *aid Moulder bad merely committed a technical offence eo far as the intoxication charge was concerned. He had not dii\en the \an. was a married man with four children and was a returned soldier whose health was such that he recently bad to give up work. He had applied for a pension. 'There is no doubt that he overstepped the mark when he used the language and resisted the constable, but T think that mijrht be attributed to the fact that he was intoxicated and that he is in bad health."

. Spntencinjr Moulder to one month's imprisonment on each of the three char pres. Mr. C. R. Or Walker. S.M.. directed that they be served concurrents.