NOVEL SUBMISSION

Dominion, Volume 27, Issue 252, 21 July 1934, Page 21

NOVEL SUBMISSION

Defence in Intoxication Charge r. . . r ( WOMAN DRIVER CONVICTED A submission that a constable and another man had mistaken the sme). of medicated pastilles for liquor was made by counsel, Mr. W. G. Hellish, in the Wellington Magistrates Court yesterday when entering a plea of not guilty on behalf of Nellie Louise Churchward, who was charged witJi being intoxicated while in charge of a motor-car on the evening of June 16. Counsel also attributed her being unsteady oh her feet to the slippery nature of the ground. 1 The magistrate, Mr. E. Page, convicted the woman and ordered her to come up for sentence within twelve months if and when called upon, and cancelled her license for that period. The first witness, John Henry Ker, told the court that seeing a car parked at a very dangerous angle in Todman Street, Brooklyn, he ■ inquired the trouble from the woman driver, who said she could not get the car into gear. On account of smelling liquor on her he offered to drive her home, and she agreed. Witness'said that he thought her car had hit the railing in Todman Street, and mentioned that when the woman got out of the car she was not too steady on her feet and her speech was a little thick. “Defendant’s breath > smelt very strongly of liquor, she was unsteady on her feet, and thick in her speech," said Constable Andrews. “I told her that through the free taking of liquor she was not in a fit state to drive a motorcar. She told me she had been down at a club and had had only one drink." Mr. Hellish: Mrs. Churchward will say she. was not a member; of the Lyceum Club and had never been there in her life. Furthermore, the club has not a license and never has liquor on the premises. Cross-examined, the constable admitted he had learned that the car had certain mechanical imperfections. The defence, Mr. Hellish said, would say that the woman had made no reference to the club or to the fact that she had had liquor. “Witness Ker,” submitted counsel, “said he smelt liquor, but the fact is that Mrs. Churchward was suffering from an ulcerated throat. In order to overcome that she had been sucking some pastilles. Now, sir, I’ve tried them and I’ve asked a friend to make a test with me; he said he thought I had had a drink." . "■

In convicting the woman, > the magistrate reviewed the car’s manoeuvres, and said the . fact that a motorist got in accused’s position showed that the driving was somewhat erratic. “Both the constable and witness Ker thought she was unfit to drive,” the magistrate remarked. “I think the evidence shows that she was in a state of intoxication.” Varied Offences Fines of £2 and costs w.ere imposed on Lewis William Bishop, George Watson, and Erskine Whitt, who were charged with being on licensed' premises after hours. Harry Burke Kennedy was fined £1 and costs for the same offence. , ■ j On a. charge of failing to report, to the probation officer, Ernest Alfred Hancock, clerk, aged 31, was admitted to a further term of 12 months’ probation. T Selling whey butter not properly addressed or labelled resulted in W. Guthrie and Co., grocers, being fined £3 and costs.. Frank Yates, who faced two similar charges, ‘Was fined £2 and costs on the first, and on the other charge was ordered to pay costs. For. being in arrears with the unemployment levy Jack Hqnsen and Robert Charles Flint Lamb were fined £1 and costs. Cyril Wood, charged with selling deficient milk, was fined £1 and costs. It was pointed out by counsel that a man had been convicted some time back for tampering with Wood’s milk. Counsel contended that Wood was still the object of felonious or vindictive attention by a person or persons unknown. Having no radio licenses resulted in Harold Alexander Manderson being fined 10/- and costs, and Hugh John, Touhy £1 and costs. Tw.o coal dealers, Ferkins and Son, and Roberts and Hanson, were each fined 10/- and costs for failing to close their premises at the proper hour. It was shown' that their coal was being delivered after 1 P-m- A grocer, James C. Sullivan, charged with failing to close his shop at the required hour, was also fined 10/- and costs. Delivery of a firearm to a person without a permit cost Harold Henry Smith £1 and costs. Remand Granted A remand for a week was granted in the case of Roland George Weston, seaman, aged 57, who was charged with obtaining £3O from A., Campbell, at Dunedin, by false pretences. Charles Archer Bryant, salesman, aged 40, and William Alexander Thomson, labourer, aged 24, were remanded until July 27. They were charged jointly with obtaining from C. E, 'Torrington, at Wellington, £4O by false pretences. '