BENEFIT OF A DOUBT.

New Zealand Herald, Volume LXII, Issue 19156, 23 October 1925, Page 15

BENEFIT OF A DOUBT.

LORRY DRIVER'S POSITIOM. DRUNK BUT NOT IN CHARGE. The benefit of a doubt whether ho had charge of the vehicle concerned was extended to Henry Lister Wright, who was charged in the Police Court yesterday with being found in a state of intoxication while in charge of a motorlorry on Wednesday. Constable Ghalcroft said lie saw accused, who was drunk, standing ofti the footboard of a motor-lorry loaded with mineral water bottles, outside the chief post office at about 4.10 p.m. When accused stepped on to the roadway he could not stand without support. Accused was the driver of the lorry. In reply to Mr. Dickson, witness sad he did not sec accused driving the vehicle.

On accused's behalf, Mr. Dickson said it was not- denied that accused was under the influence of liquor, which he had taken to alleviate an illness. The evidence would show that he was neither in charge of the lorry nor was he left in charge of it. Maurice E. McNamara said he accompanied Harry Stubbs, driver of* another lorry belonging to accused's employers, on his round and they met accused, who looked ill. At Stubbs' request witness took the wheel of accused's lorry, and with the latter alongside him followed Stubbs through the city en route to the factory. Witness pulled up outside tho post office and left accused sitting down. When he returned accused had disappeared. Witness learned of his arrest. Witness said he asked a constable if he could drive the lorry back to the factory but the reply was that a man had been summoned to do so. Witness did not tell the constable that ho was driving the lorry. Corroborative evidence was given by Harry Stubbs, who stilted that, as head driver for his firm, he had replaced accused by McNamara. The Magistrate, Mr. Hunt: I suppose I must give him the benefit of the doubt, but I am going to convict _ him for drunkenness and fine him 10s with costs, or 4-8 hoars' imprisonment.