CHILD KNOCKED DOWN

Dominion, Volume 19, Issue 47, 19 November 1925, Page 10

CHILD KNOCKED DOWN

£3O FINE IMPOSED i At the Petone Magistrate’s Court yesterday. before Mr. E. I’age, S.M., Joi Towers, was charged with driving a motor-car on the Petone Esplanade on October 17, while in a state of intoxication. As a result of lowers losing control of the car, a boy cyclist was injured, and is now in the hospital. Dr. H. W. Pigeon gave evidence that he had examined Towers, who was suffering from a form of neurasthenna*lu e to shell-shock. The trouble was a long standing one, and alcohol woiilo have the effect of increasing it. lue accident would accentuate the nervous trouble, and the occurrence would be likely to produce a state similar to that ‘ of intoxication. Under cross-examination by the police Dr. Pigeon said that, if defendant had admitted drinking shortly before the accident, then the accident might be attributed to this. Constable Morrison stated that he arrived at the scene of the accident shortly after it occurred. He concluded from Towers’ demeanour that he was drunk, and arrested him. Other witnesses gave evidence as to the uncertain course taken by Towers. Mr. O’Learv, who appeared for defendant, submitted that were it not for the fact that defendant had smelt ot liquor, then there would have been no imputation of drunkenness. , Towers stated that he had sustained several war wounds. His left arm was still partially paralysed as a result of these. He’had one glass of stout before dinner, and three of gin before 3.30 p.m. on the day of the accident. He left his home at 4.30 p.m. His engine was not running well, and while adjusting the choke he speeded up the engine. The throttle jammed down, and the car leapt forward at over thirty miles an hour. He applied the brakes, but lost control of the car. He saw the boy on the cycle, but did not remember striking him. The Magistrate said that the evidence indicated that the driving was not that of a sober man.

On the charge of driving a car whilst in an intoxicated condition Towers was fined £3O, and costs 295., to be paid at the rate of £5 a month while he continued to live at Lower Hutt. If he decided to leave the town he must pay the total fine before doing so. He was also debarred from holding a motor driver’s license for 10 years. On a charge of not being the holder of a motor-driver’s -license, defendant was convicted a,nd ordered to pay 7s. Court costs