WAS DRIVER DRUNK OR ONLY EXCITED?

Manawatu Times, Volume LIV, Issue 6851, 5 March 1929, Page 7

WAS DRIVER DRUNK OR ONLY EXCITED?

Per Press Association. HAMILTON, Last Night. Interesting medical opinions regarding intoxication in relation to motor accidents were given to-day at the trial of Patrick Deegan, driver of a car which crashed into a train at a level crossing at Forest Lake, Hamilton, a passenger in the car was killed. Deegan was charged with causing his death, alternatively through intoxication or negligent driving. According to the Crown case, Deegfin had had at least six or eight beers during the afternoon. The police and Dr. Waddell declared Deegan was intoxicated. Mrs. Seown. who was in accused’s car with her children, said ho showed no evidence of drink.

Dr. A. M. Waddell, who was on the scene soon after tho accident, said the evidences of Deegan’s intoxication were a rapid pulse (102 instead of normal 70), unsteadiness, confusion and repetition of speech, besides the smell of liquor. Mr. J. F. Strang (counsel for the defence) crossexamincd Dr. Waddell with a view to showing Deegan's condition was due to excitement after the accident.

Mr. Strang: You yourself havo a great prejudice against alcohol? Dr. Waddell: I am a teetotaller on principle. Mr. Strang: Do you think a man is capable of driving a car after having one or two beers? Dr. Waddell: Ho is taking a risk. Mr. Strang: But would you say he was incapable? Dr. Waddell: Some might bo capable, others would not. Mr. Justice Blair: Supposing that a man had two or threo drinks, would his action, say in applying a brake, be delayed in consequence? Witness said the ingestion of alcohol would undoubtedly cause mental action to be delayed. A man would act slower in a crisis who had been drinking liquor. This had been proved time and again. Dr. M. M. Hoekin, Superintendent of the Waikato hospital, also was called regarding Hamilton’s fatal injuries and said in nnswer to Mr. Strang that taken by itself, a rapid, bounding pulse would not indicate, insobriety. It might, following an accident, indicate excitement. It was possible that the repetition of answers might be. due to a state of daze. A blow behind the ear might causo a man to be dazed and affect his balance. Mr. Gillies (Crawn Prosecutor): If you observed the combination of symtoms mentioned by Mr. Strang and also smelled alcohol on the person, combined with a flushed face, what condition would you say had produced those symptoms? Witness replied that without seeing tlie person, lie ditl not know what ne would say was the cause. The caso was adjourned till tomorrow.