TWO WEEKS.

Auckland Star, Volume LXX, Issue 31, 7 February 1939, Page 9

TWO WEEKS.

LABOURER GAOLED. INTOXICATED IN CAR. CHARGES AGAINST UNCLE. For lii-i fourth offence for being in ii state of intoxication while in charge " f " '""'"i" * chicle, a labourer, Joseph Mliei t. ( hurches. aged was ten,ivl In tun weeks' imprison inent and <11-.| u.ill lio.l from obtaining a license for two ye.iis by Mr. .1. Morling, S.M.. in I lie Police ( ourt to day. Churches, for whom 'Mi-. Newberv appealed. admit ted that oi. ,lanuarv 21 he w.) - in a state of intoxication while I in ch.i rife of a motor car on the Kllerslie 111 .i ill 11 ig 11 way. ( hurches, after his arrest, was dealt with for driving without a license on ,1a iiiijiry 21. a line of 10/ being imposed. I " day his uncle. .Joseph Patrick l iu-tello. appeared on summons, charged xitli ai 11 ill <_r and assisting (bundles in the commission 11 f the off 'OS of driving ii motor car while in a state of intoxieation ami driving without a license. I'o these two charges Costello (Mr. New beryl pleaded not guiltv. I'espect ing the charge admitted by Churches. Sub Inspector Kox said that nt «>. I •"> p.m. on Saturday. January 21. (oil-tables (libson ami Klynn, as the result of something they were told, proceeded t i'o 111 I'a ii mii re iu a car driven by a civilian, aud overtook the ear containing ( ostcllo and Churches mid driven by the latter, in Kllerslie. The car was being driven at a slow speed, but it's course was erratic. The eonstables passed it and caused the car to top. It was then seen that Churches, who was driving, was in a state of intoxication. He admitted visiting hotels in Auckland. Newmarket. Onchunga, Panmure and Mow ick and having some liquor at each lintel. The examining doctor certified that Churches was sufficiently under the intliicncc of li<|iior to impair his judgment. " Unfortunate Record."

"Ch tirehes, who is a single man. works on his father's farm at Howick,'' added Mr. Fox. "He is a decent sort of man, but it seems that every time he is with his uncle he is under the influence of liquor. He has an unfortunate record in that he has been previously convicted three times for thin class of offence, the last conviction being in 1031. With such a record he should be able to avoid the temptation put in his way." Mr. Xewberv said it would be disputed that the ear was being driven erratically, but it must be admitted Churches had too much liquor on the day in question. The ease against Costello on the two charges was then taken. Constable Gi'lwon said Costello was in an advanced state of intoxication nnd in an argumentative mood. He told witness he was to blame for Churches driving the car without a license, and that he should not have allowed Churches to drive. "Costello asked me." said the next witness. Constable Fly nn, "if we couldn't hush the matter up if he gave us £10 each." Churches was called I>v the police as a witness for the prosecution against his uncle. He said that aa the result of a letter he received from his uncle he met Costello about mid-day at a city garage whtye ho worked. Hi* uncle asked him to drive a car which had lieen taken out of the garage by an employee of the Arm. His uncle told him they would go for a drive to Onehunga and Howick. They first called at a city hotel, where they had one drink, then drove to Onehnnga, Paninure and Howick hotels. They had one drink at each hotel. Cross-examined by Mr. Xewberv. (hurdle* said he was not persuaded to enter hotel#* or to have a drink l»y Costello. Witness felt no signs of intoxication at the time lie had the last drink at Howick. • Deciaion Reserved. Counsel did not call Costello, whose evidence, he said, would be the same as that given by Churches. Mr. Newbery submitted that there was no case to answer in cither charge, a» Costello was not the owner of the car. It had not been proved that he had aided, assisted or abetted Churches to drive the car without a license and while in a state of intoxication.' To succeed in such charges the police must prove that Costello had taken some active steps. This, counsel submitted, the police had failed to do. The magistrate reserved his decision concerning both charges against Costello. Churches, for being in a state of intoxication while in charge of the car, was sentenced to two weeks' imprisonment. He was disqualified a license for two years.