SLEEPER AWAKENED

Dominion, Volume 22, Issue 35, 5 November 1928, Page 6

SLEEPER AWAKENED

DRUNK IN CHARGE OF CAR £lO FINE IMPOSED Palmerston North, November 3. In the Magistrate’s Court this morning, Frederick Waller, retired farmer, of Palmerston North, was found guilty on a charge of being in a state of intoxication while in charge of a motorcar, and was fined £lO, his license being endorsed. . A plea of not guilty was entered by defendant, who was represented by Mr. Ongley. Evidence was given by Constable Turvey that at about 5.15 p.m. yesterday he noticed defendant sitting in his car outside the Post Office, asleep. He awakened defendant, who merely gave a grunt and tried to go to sleep again. Witness then took defendant to the police station, but he was unable to walk steadily and witness had to help him over the railway line. At 7.30 p.m. witness again saw defendant, who by that time had almost fully recovered. Constable Barrett stated in evidence that he saw defendant when he was brought into the station, when, in witness’s opinion, he was undoubtedly drunk. Later, about 6.30 p.m., witness was present in the cell when defendant was seen by his solicitor and a doctor, but then he had recovered to a great extent, and at 9 p.m., when he was bailed out, he was a different man altogether. Senior-Sergeant Whitehouse also gave evidence corroborating the statements made by Constable Barrett. For the defence, Mr. Ongley said that defendant had, for the last ten days, been In bed suffering from influenza. He had got up for the purpose of visiting the Royal Show for two or three hours on Wednesday and Thursday, and on Friday morning he came down town in the morning, had a few drinks, and went back home and packed his bag in order to go down to Christchurch. On arriving in town again he felt unwell, and pulled the car up and went to sleep. Had he not done that probably nothing would have been heard of the charge. Evidence was given by Dr. Putnam that he examined defendant at about ■6.30 p.m. on Friday, when, In his opinion, he was quite fit to drive a motor-car.

Mr. Ongley: Would influenza affect defendant’s steadiness? Witness: It would increase the effects of any alcohol consumed. Evidence was given I by defendant on the lines of Mr. Ongley’s address to the Bench, but His Worship said that there seemed to be ro doubt that defendant was drunk when arrested. The only thing in his favour, was that when he felt unwell he pulled into the side of the road instead of proceeding. A fine of £lO would be.-inflicted, and defendant would ' have his license endorsed.