DRUNKEN DRIVER

Greymouth Evening Star, 26 November 1927, Page 5

DRUNKEN DRIVER

BACKS INTO SHOP WINDOW.

(Special to “Star.”)

CHRISTCHURCH, November 25. “When is a man drunk? To what extent do the effects of shock resemble those of intoxication? ” Those are questions that arose at the Magistrate’s Court to-day, when Neil McPherson (Mr Hunter) pleaded not guilty to a charge of being intoxicated wh-’e in charge of a motor car. Senior Sergt. Fitzpatrick said that accused backed a bridge gutter m Oxford Tarace across a footpath into the window of a shop owned by Armstrong’s. He was observed by a traffic inspector, who called a constable. Accused was arrested for being drunk. Traffic Inspector Benge said that he observed the car go across the footbath in Oxford Terrace. He got off his bicycle and saw the glass in the Window of Armstrong’s shop, immediately behind the car, broken. He asked accused, who was seated in the car, how many drinks he had had. There was no reply. Witness smelt liquor on the accused, and saw that he staggered. He considered the accused was drunk. He looked sleepy. Mr Hunter: Does he look sleepy now? —No. He’s fairly awake. Mr Hunter: Some people would say that he is sleepy. The Magistrate: There’s something wrong with him now. Constable Wilson said that he found accused in the car. He was hanging over the wheel, and had the appearance of being intoxicated. When spoken to, he answered in an indistinct mumble. Witness tqld him to get out of the car. He did so. He smelt very strongly of liquor and had a flask of whisky in his possession. There was no other liquor in the car. Witness judged him to be drunk. To test him he told him to walk across the road and back. “He staggered all over the shop,’’ said witness. Witness then arrested accused, and they were driven back to the Police Station by the Inspector. When tested at the station, accused had sobered up a lot, but even then could not nearly pass the chalkline test.

Mr Hunter: Was a doctor called? — Not while I was there.

John Armitage, in the employ, of Armstrong and Co., said he was in the window at the time it was broken .fey the rear of accused’s car. He saw tile car backing towards the bridge, and next time he JOoked up, the car was just about to strike the glass. Constable Meyers said that he was in the station at the time the man was brought in. Accused was drunk. Witness put him in the cells. When he visited him ten minutes later accused was fast asleep. He found him awake later. Accused had said he had a sore head. Upon being asked what was the matter, he had replied, ‘ Too much dope.’’ He‘admitted to witness that he had seven or eight shandies. Sergt. Kelly stated that he was at the station at the time accused was brought in. Witness told him that he would be charged with being intoxicated while in charge of a car. - Accused did not ask for a doctor. Had he done so, one would have had to be brought. In his opinion, accused was drunk. Mr Hunter said that he had accused examined that morning by Dr Stringer, who said that the man was in a bad state and nervous. Accused had used a Ford, but was now driving his new Essex. In reversing to turn, he put his foot on the accelerator instead of the brake. Dr L. B. Stringer said that accused was in a state of nervous disability. A shock, such as an accident, would make him much more nervous than an ordinary petson. He showed signs that he took a certain amount of alcohol. Witness would not like to say that he was an addict to drink. The Senior Sergeant: Have you struck an accident where the effect ot shock has been so soothing that the subject has gone off in a sound in four minutes ? Witness: Well, no. Mr Hunter: McPherson told me that he had had only two shandies. Drink affects him in the same way as it does a man with shell shock. Accused would be glad to take out a prohibition order against himself. A heavy monetary penalty would hit him very hard. Giving judgment, the Magistrate said that no doubt the man was in a bad state of nerves. Dr Stringer s evidence, coupled with his own observation of a man in the box, had satisfied him on that score, but the evidence oi Sergeant Kelly and Constable Meyer had convinced him that drink had been “Mr Hunter’s statement has induced me to modify my intention as regards the penalty,’' said the Magistrate, on condition that accused takes out a prohibition order immediately. I will fine him £5 his license will be cancelled, and he will be prohibited from obtaining another until April 1, 1.929. is for his own sake,’’ added the Magi trate.

MOTOR CYCLIST’S DEATH. NEW PLYMOUTH, November 25. Walter William Vickery was tried at the Supreme Court to-day on charges of manslaughter, negligent driving and driving a. car while intoxicated. The charges arose from an accident at Manaia, when a motor cyclist, Otto Amleton, was knocked down and received injuries which proved fatal. < Vickery was found guilty of negligent driving only and Justice Ostler to-night deferred sentence.