CHARGE DISMISSED

Dominion, Volume 30, Issue 174, 20 April 1937, Page 16

CHARGE DISMISSED

Alleged Drunkenness at Wheel Bringing into the Wellington Magistrate’s Court yesterday a number of witnesses to show that he had had only three drinks several hours before a serious accident and that he was not affected by drink at the time, Robert Charles Burns, aged 28, lorry-driver, satisfied the court that an allegation that he was drunk _in charge of a motor-car on the Johnsonville-Porirua road on April 10 could not be sustained. Mr. W. F. Stilwell, S.M., was on the bench. Senior-Sergeant J. Dempsey prosecuted and Mr. C. A. L. Treadwell appeared for Burns. Constable R. Phillips, Johnsonville, said he received a telephone call to go to Porirua Road. He found Burns was unsteady on his feet and his speech was blurred. Bottles of beer and wine were in the car, which was extensively damaged by collision with a post. Defendant’s explanation was that he had been dazzled. The constable said it was not he who sent for the doctor. Dr. B. E. Wright said he was called to the accident at 8.50 and while he was there the constable asked him to examine defendant. He came to the conclusion Burns was not fit to drive. - His walk was quite unsteady, speech slurred, pupils dilated, face flushed, pulse fast and his breath smelt of drink. Sergeant P. Munro said Burns was obviously intoxicated when he was taken into the Central Police Station. Constable J. W. Ogilvie also gave evidence of defendant’s state when he was at the central station. Defendant said he had three drinks of stout, lemonade and raspberry mixed at the Dominion Hotel, Tory Street, with his brother and another man. They left at 5 p.m. and he drove home to Newtown, had a meal and left for a dance at Tawa Flat, picking up some young women at two places and purchasing petrol. When they were going down, the hill north of Johnsonville the lights of a car coming in' the opposite direction dazzled him and caused the smash. He sent for the doctor and the police. _ The liquor in the car had been put in it by his friends at the Dominion Hotel.The crash made him feel queer. He no intoxicating drinks after leaving the hotel. Samuel Hogg, to whose house nearby those in the car -went for assistance after the accident, said that defendant, who was a stranger to him, seemed more shocked than anything, else. Witness wiped his injuries, including one on his lip, with methylated spirit and before that did not smell liquor about him. At first he had expected the accident to be the result of drink, but changed his opinion. Evidence of defendant’s sobriety was given by Pearl Gilroy and Nellie King, passengers in the car. Defendants brother, Richard Burns, and James Toman, who had been in the hotel with defendant, both endorsed defendant’s evidence about the drinks at the hotel and said he was sober at the time of the accident. Rupert Simeon Flegeltaub said defendant bad no liquor during his evening meal. The charge was dismissed.