MOTORIST CHARGED

Nelson Evening Mail, Volume 80, 23 March 1945, Page 2

MOTORIST CHARGED

INTOXICATION ALLEGED CASE ADJOURNED TILL MONDAY MEDICAL EVIDENCE TO BE CALLED After hearing the police evidence the Magistrate. Mr T. E. Maunsell, further adjourned the case in which Edward Austin Herbert Bisley was charged with being intoxicated while in charge ot a car in Trafalgar street on Wednesday, so that the defence could call medical witnesses

The accused pleaded not guilty to the charge in the Magistrate’s Court this morning. He was represented by Mr W. V. Rout, and Senior-Sergeant H. E. Knight conducted the prosecution. The evidence of Constable K. O Satherley was that at 7.20 p.m. on Wednesday he saw the accused pass the Masonic H >tel corner, walking from the direction of the Church Steps. Accused swayed on his feet, and appeared to have been drinking. He several times tried to light his pipe and overbalanced. but did not fall. Bisley got into his car and started up the engine, which he over-revved. He tried to reverse the ear from the kerb and in doing so stalled the engine. Witness was then a few yards away and could see that the handbrake was on. Accused reached down and released the brake. By this time witness was at the running-board of the car. He told accused that he was not in a fit state to drive the car, but accused said he was all right. Witness reached across and took the ignition key out and told Bisley he was arrested for being in charge of a car while in a state of intoxication. The constable called a taxi and helped accused out of tfie car. The accused swayea on his feet and there was a smell of liquor on his breath, whisky predominating Accused was taken to the Police Station, where he was seen by Sergt. Corston and Constable Bisley said that he had had a few beers before 6 p.m and then had had tea at the Burlington Cafe. He appeared to be stil: on his feet while at t.V. station. He was ask. ed to sit down but resented this, saying that he wanted to walk about. He said he treated the whole thing as a joke and he had never been more in his life He wanted to smoke all rhe time. He told them he had had a f e\v

"spots’ at the Masonic and at Stoxe had drunk beer as there was no more whisky. He had had three whiskies at the Pier Hotel. Accused was examined by Dr. Lucas as 7.30 o’clock and made a satisfactory effort to perform the tests, but braced himself oefore carrying out each one.

Sergt. J. R. Corston said he was at the station when accused was brought in. It was obvious from the smell of his breath that accused had been drinking. and he did not stand still but swayed slightly on his feet His eyes were slightly bloodshot and he was continually wetting his lips before speaking. Accused told witness that he had had a few beers at the Masonic before 6 p.m, an 1 he had then gone to the cafe for tea. At times accused seemed to lapse in memory, but generally answered the questions put to him satisfactorily. Dr. Lucas examined the accused at 7 30 and the accused told the doctor in his tests for sobriety that he had had one whisky at Stoke and because there was no more whisky Ip had two or three beers. He had called at the Pier and had a few more whiskies there. His eyes were still bloodshot to a certain extent, said the Sergeant, but he performed the tests fairly satisfactorily with the exception that when asked to stand on one leg he faltered on the first occasion. His memory was fairly good as regards dates After being examined by Dr, Lucas accused expressed a wish that Dr. Low examine him Dr. Low examined him at 8.10 and at 8.30 Dr. Brunette examined him at accused's own request. He was examined by Dr. Jamieson c.t 9 p.m. He then wished to have further examination by medical men, but two doctors who were telephoned were both out of town. Dr. Jamieson offeied to take the accused to h.s own home and he guaranteed that he would not let Bisley drive his car. so the accused was bailed out. The Sergeant said he considered that the constable was definitely in the right in arresting the accused in the state he was in. H e had no hesitation in saying that at the time of his arrest the accused was in a state of intoxication, r To Mr Rout witness said that the doc-! tors who had been called by the accused had given certificates, but witness had not read them wholly because they did not concern him to a great extent Mr Rout read from one certificate stating tha; at the time of examination Bisley had obviously taken alcohol but was fit to drive a car. An objection was raised by the police and the Magistrate said that the cersentateS °° Uld ° nly b<? PUt in by con * Counsel said that fle could not get the three doctors to-day His Worship stated that there was an objection because he might like to ask the doctors questions himself Mr Rout said that in that cas e he was forced into the position of asking for a n adjournment, and the Magistrate said he would agree to that. He •ommented that there seemed to be conflict between (Tie police and the doctors. in reply to the Senior-Sergeant the Magistrate said that there was no suggestion that the constable’s action in arresting the accused had been taken into account. ative evidence was given bv Constable W. S. Bacon. Mr Rou t asked witness if he knew anyone in Nelson who had a more rolling gait than Bisley, and the constable replied that he had never noticed accused rolling. Mr Rout called Louis Diamond Banks proprietor of the Burlington Cafe, who said that Bisley had had several meals at the cafe He remembered the accused going for tea on Wednesday but noticed nothing unusual. As far as he was concerned Bisley was normal, and bp did not notice any signs of intoxication. i fie case was adjourned till Monday.