STORY DISCREDITED

Dominion, Volume 31, Issue 74, 21 December 1937, Page 13

STORY DISCREDITED

Intoxicated Motorist Found ’ Guilty

EFFORTS TO SHIELD HIM UNSUCCESSFUL

“I am quite satisfied.that, despite tbe attempt by his companions to shield him, defendant drove the car,” said Mr. W. F. Stilwell, S.M., in the Magistrates’ Court, Wellington, yesterday, in lining Alfred Frederick George Winter £l2 10/- and prohibiting him from procuring a licence for 12 months on a charge of being intoxicated in charge of a car on the Hutt Load on December 11. On a charge of driving without a licence Winter was fined 10/-, with 10/- costs. A further charge of driving in a dangerous manner was dismissed. Senior-Sergeant D. J. O’Neill conducted the prosecution and Mr. J. Meltzer appeared for Winter. Mr. Meltzer said his instructions were that his client was intoxicated, but on the advice of one of his passengers did not drive the car back to town. Mr. Stilwell, however, accepted the evidence of the prosecution, in particular that of an independent witness. Senior-Sergeant J. Kelly stated that he was returning by car from Trentham about 5.10 p.m. on December 11. About half a mile on the Wellington side of the Petone railway crossing a car passed him. He noticed it subsequently swinging in and out of traffic. Later he found it lying on its side, smashed up. Witness stopped a few chains away and endeavoured to secure information from Winter and the passengers in the car. One. Alfred Bioomfield, challenged his right to ask questions, whereupon he produced his credentials. Effort to Shield Defendant. When witness inquired who was the driver of the car Winter said he was, but Bloomfield interjected that he was. Bloomfield then advised Winter not to answer any questions. Witness accused Winter of being drunk. He was unsteady and smelt of liquor. Winter denied having had any liquor. Witness said he saw a man in dark clothes get out from the front seat. Winter was the only man in a dark suit in the car. The other two, who said they had been driving, were in grey. Witnes.s contended that they must have been-in the back seat.

Samuel Pomeroy, clerk, said he was driving a car along the Hutt Hoad on the same afternoon. His attention was drawn to another car by the manner in which it passed and then swung in close to him. Later he saw’ it skid and capsize and went to offer assistance, which was declined. Winter smelt of liquor. It appeared to him that the accident was caused by the bend in the road being taken at too fast a speed. Witness overheard Winter say that lie drove the car.

In reply to Mr. Meltzer, witness said he was aware that one of the rear wheels had come off the car. He would not consider that this caused the ear to capsize, but would agree that if might have caused Ihe car to skid and capsize.

Dr. W. F. Shirer said he examined Winter at the Central Police Station. He was under the influence of liquor, but the degree of intoxication was not gross. However, he considered him unfit to be in charge of a car. Traffic Inspector A. Crawford said he arrived on the scene about 6.10 p.m. • Winter told him he bad not had any drink. Intoxication Admitted. At this stage Mr. Meltzer said it would be admitted that Winter was intoxicated, but the defence would be that he had not driven the car. Constable McCarthy said Winter could not produce a licence when requested. When charged with being intoxicated in charge of a car lie made no denial. .Mr. Meltzer said his instructions were that Winter bad had several drinks. One of the passengers, Bloomfield, told him he was not fit to drive and it was agreed that Bloomfield should drive back to town.

Alfred George Bloomfield, storeman, said he was with Winter on December 11. Winter drove the car to Upper Hutt. There were four in the car. They stopped at the Grand National Hotel for a few drinks. Witness did not consider that Winter was fit to drive the ear after they left the hotel and told him so and suggested that lie should drive. Winter agreed to this. The accident was caused by one of the back wheels coming off. Cross-examined by Senior-Sergeant O'Neill, Bloomfield said he had not had any drinks on the day in question. H.e denied that he had said he bad driven the car to shield Winter. Walter William Hammerton, machinist, gave corroborative evidence. To. the senior-sergeant witness denied that it was all a frame-up to save Winter. He could not recollect saying to Senior-Sergeant Kelly that he drove the car, although he did say something about driving the car. Ela May Hammerton, a passenger in the car, gave corroborative evidence. In giving his decision, Mr. Stilwell attached importance to the evidence for the prosecution, given most fairly, by an impartial observer.