FIRE SUPERINTENDENT.

Press, Volume LXI, Issue 18287, 22 January 1925, Page 11

FIRE SUPERINTENDENT.

• CONVICTED ON TWO CHARGES. SEQUEL TO MOTOR ACCIDENT

Before Mr Wrvern Wilson. S.M in the Magistrate's Court yesterday, the hearing of the case in which Charles Clarence Warner, Superintendent of the Christchurch I'ire Brigade, pleaded not guilty fo charges •of having been in charge of a. motor car in Stanmore road, Lin-wood, "when he was drunk; fo having used obscene language on the same road, and to having adopted a threatening attitude, was gone on with. The prosecution alleged that on the evening of December 20th, at about. 6 o'clock, Warucr drove a Ford oar south along Stanmore road at about -10 miles an hour on the wrong side of the, road; that after running the car into a gutter he collided with a telegraph pole, and that he then used bad language to the crowd of pedestrians gathered around the cp.r, and that he also used threatening behaviour. Yesterday the evidence for the prosecution was continued.

Mr C. S. Thomas appeared for Warner and Senior-Sergeaut F. Lcwin prosecuted on behalf of the police. "V ictor Hunter Main, company secretary, of Armagh street, Linwood, said he was on the scene at the time of the accident. He switched off the battery iu Warner's car after the smash, because the defendant was not in a fit. condition to drive it. Warner had been travelling south at. too high a. speed, and oil the right-hand side of the road. The car struck a culvert before it iuct the telegraph pole. Considerable damage was done to the car. When pressed by the Senior-Sergeant, witness refused to give his opinion a3 to-whether Warner's excited condition after the accident was due to liqiior or shock.

Jamos Broom, of Linwood, a clerk, said the car travelled at from 30 to 35 miles an hour. After . the collision Warner tried to drive the car away. He started the engine, but the- car was not driveable, and the crowd persuaded defendant to get out. Witness considered that the defendant, was drunk.

Mr Thomas: Did it- strike you that Warner was suffering from shock?-*—l reckon I know what 'ho was suffering from!

Mr Thomas: Can von tell whether a man is Buffering" froni drunkenness or j shock? —I can tell the difference if a man is "far enough goue." ' • j Sergeant H. Alpaond' paid he went to the Pire Brigade Station at.about 8 p.m. to interview Warner, who denied knowing any thing about' an accident, remarking: "It's a pity you-have nothing else t0,d0." Witness considered that . defendant was drunk. . He, knew Warner quite .well, and his behaviour was quito different from his usual manner. His general' appearance indicated drunkenness. •Mr .Thomas:. You have a sense of humour, I suppose/ sergeant?— There was no reply, from the sergeant. Mr Thomas: Isn't there bad blood between you and "Warner?—No. Don't yon l remember having "words with him at . the Bailway Hotel fire?— No; th.e Superintendent and I'have always been-friends.' Constable McCormick said.',that,, in company with Sergeant Almond, he interviewed t£o defendant. When, asked about.a motor accident, defendant ,said: "I'know nothing about it,'' and asked where the police had. secured .their information. Warner' was flnsh.od.in, the face, talking rather freely, and had injuries on the hand and face.

Defendant's Evidence. In the :bos, Warner.-Said, that on:fhe day of the accident he went to the' Richmond AVorkifig .Men's; .Club at about '5 .p.m. Ho .had two small whiskies, and after a.game of ouchr'e he drove 'down Stanmore road. He swerved to pass, a tram, and-then his car - pulled into • tlje path. Before ho knew what was happening there was a crash. He was driven home by a friend, * and had been lying down for an hour or so when Sergeant Almond came in. The sergeant asked if witness had had an accident, and. he replied, in a sarcastic tone, "Oh, no."' He considered tHat the sergeant had come to see if he were drunk, as men

who had;accidents were always suppoped to .be drunk. The Magistrate: How many drinks did you .have?— Two, with ginger ale. The Magistrate: Do .you mean to tell rae'that' you were ' in tho .Working' .Men's Club, for an.,hour and a quarter and had only two drinks ?--Ycs.' Tho Magistrate: Didn't anybody ask you to have a , drink?— No.

Tho Magistrate: Well, all I can say is, that they .-did not treat you very hospitably. • Witness continued .that ho was not given to t.ho use of bad language.-' He had had two accidents previously when proceeding to/fire 3. On one of those occasions 'he collided with a car, but uaed no bad language. He had ' a coupla of drinks during the morning on the day of the aceident.

"Absolutely Sober." Thomas Dalton, of the linn 'of Lawrie and Dalton, said he met . Warner at the Richmond Workingmcn's Club. Thero was nothing to lead him to suppose that Warner, was not sober. .Arthur Edwin' Clark, a motorman employed by the tramways, said that Warner passed - his tram in Stanmore road at a speed of about twelve miles an hour. It appeared that Warner was trying to get on io his left side,' when suddenly tho car pulled round into "tho gutter, and hit the post, when it toppled over. Witness stopped the' tram and ' assisted to lift the car. Ho did not notice any signs .of liquor on the defendant;, A young man in the crowd called out: "He's drunk! Ho'a ■ drunk! " Warner • was . quite steady in hi 3 walk, but was very pale. He did not hear'any swearing,at all. Witness was quite positive that the'defendant was' not under the influence of liquor. John D. Morland, . tram conductor, said that .Warner was travelling at from. 10 to 12 miles an hour. Witness corroborated the evidence of.the previous' witness, sa3"ing that Warner was absolutely sober.Charles North, tramway motorman, who was-a passenger on the chr which Warner.passed, said that Warner seemed, dazed, but was not under the influence of • liquor.,. . George E. Williamson, of Stanmore road,- said that wfien ho fiftt saw Warner he gave the impression' that he might be drunk, but- witiiess changed that opinion'as soon as Warner spoke. Dr.. M. G.. Loiiisson said it was difficult to distinguish between the effects of drink -and'shock. Often people suffering from shock had been supposed drunk. . '

The Magistrate: • Doesn't shock'have a sobering-effect on drunken men?—. Tes". Mr Thomas: And doesn't shock have a drun&ening effect on sober men?— Yes, chock results in loss of memory, during which a man might run amok.. Albert E. Smithcr, motor .mechanic

said that "Warner's speed' w'a3 about ten miles jan hour. . accused of being-drunk ■ Warner -became excited, but calmed down soon .afterwards.;'

John Papps .gave evidence of taking Warner home in his car. " He did not. detect the slightest sign, of liquor ou ■him. •• . 1 .

Keginald J.> .Cornwall.• said, that Waxner was-absolutely sober. William Low, a iFire' Brigade 1 motor mechanic, Baid that when' the .sergeant and the constablo called qu Warner the latter ■ was seated on- a tabic. When the sergeant asked if there had been-an accident Warner replied: "No!" The sergeant then said: " you have no information'to give?" and defendant again replied "Nol," Warner was then quite, sob.cr,. but suffering from shock. ' He was a, bit sarcastic to- tljp policeman, arid gperned' to' be> joking. •• The Magistrate said that defendant' had !>ecu travelling' at'.'too high a l ' speed,' and he (tho. Magistrate) was not satisfied with the explanation about, the drink. However, thi3.evi.deuco ; was so contradictory that lie-.was'not. able to say that the defendant was drunk. When-ho. got in front' of the tram a back "tyro burst, and'tho ear got out of. control .When some .of .fhe, people remarked that Warner was. drunk he'.lost his temper and used indcoent language. Tho charge of ' being .drank would be dismissed, and he would be convicted .on the others. "

On the charge of using bad language Warner wa3 fined 40s and costs, and on the charge of threatening-behaviour .he 1 was ordered t.o pay costs and witnesses' expenses totalling. £3 10s.

Mr C. J. Morton, cinematograph officer (j{ tho Government- Publicity Department, spent two day?.'last,week a.t Mount Egruonfc and secured some splendid .pictures in the (vicinity of the North Egmont Hostelry, ■ die conditions being ideal for nhotographv berth days. From Now Plymouth Mr Morton .went on to Waitara and the Mokau, taking pictures of the magnificent" scenery en route, and arrangements ' are ' boinc; made by th© Mokau people to take him up the rivor to secure films of the incomparable , Mokau river tjc*mery. Thence ho will photograph portions of the sconery of the Awakino Gorge and other interesting features of the'picturesque country to Tc Kuiti.