DRUNKEN MOTORIST

Manawatu Standard, Volume XLV, Issue 140, 18 May 1925, Page 11

DRUNKEN MOTORIST

SEVEN DAYS IN GAOL. “DANGER TO THE PUBLIC.” Some unusual comments, as far as the inside of a Court is concerned, were passed by a lawyer on the actions of the stipendiary magistrate at the Napier Police Court when Henry Lewis Carter, a factory manager, aged ol years, was charged before Mr R. W. Dyer, S.M., with being drunk while in charge of a motor car, on May 1. The accused, who was represented by Mr B. J. Dolan, pleaded guilty. Inspector Fraser stated that at about 6.30 p.m. ,on May 1 the accused was in a car on the Marine Parade. As a result of a complaint received by the police, a constable went along and saw Carter lying asleep over the steering wheel of the ear. Previous to this accused had been seen, driving the car, and- he was then driving from side to side, stopping and starting, and was heaicl mumbling to himself. Mr Dolan: I know the attitude that Your Worship has taken as regards these cases, and, although my client has pleaded guilty, I should like to point out that no actual damage was done on this occasion.

Tho Magistrate: That was probably a matter of luck more than anything else.

Mr Dolan: If that is so, sir, accused should at least have the benefit of that luck, and now that we are on the subject, I wish to say something which I trust will not be misunderstood. Your Worship allows plain speaking, and I must say that I think you are too hard with motor car cases of this description. Sentences on cases of this kind have been passed in the lower court that for stiffness have greatly exceeded the sentences passed in' the Supreme Court. As far as this case is concerned the circumstances justify leniency, and I ask Your Worship to show that leniency. My client is a sufferer from gastritis, and a very little drink will upset him. Added to that, he stands a very good chance of losing his billet and having his driver’s license cancelled. He is a very respectable man, and holds a responsible position. I must earnestly ask that he be placed on a term of probation. Why should he be put away with criminals for this, his first offence ?

Tho Magistrate : Because he has, been endangering the lives of the public, that’s why. The” police admitted that, with this exception, accused was a very respectable man.

The Magistrate: Mr Dolan has suggested that I am more severe than the Supreme Court judges, from whom we have to take our cue. 1 accept his remarks quite cordially, aqfl in a friendly spirit. If this ease were just an individiual one, I would agree with him, but it is not. The public point of view has to bo taken into consideration. I have tried fining time and time again, but all to no purpose, and this sort of thing must be stopped. I, in my capacity as a magistrate, can be no respecter of persons. I cannot let one man off because he holds a responsible position, and punish another man because he happens to be of little importance. The law holds all men equal, and there is no such thing as one law for the little people and another for the big. I don’t care if people are big or little, this sort of thing must be stopped. The accused will go to gaol for seven days.