INTOXICATION CHARGE.

New Zealand Herald, Volume LXV, Issue 19976, 19 June 1928, Page 12

INTOXICATION CHARGE.

(PROSECUTION OF DENTIST. MANGERE BRIDGE ACCIDENT. PASSENGER SEVERELY HURT. • A QUESTION OF IDENTITY. The sequel to an accident on flic Mangere Bridge on February 20 was heard in the Onehunga Police Court yesterday, when Withbourn Wvnn Faulder, dentist, Newton (Mr. A. 11. Johnstone), was Charged with being intoxicated while in charge of a motor-car. He was also charged with dangerous driving, wheieoy Frederick Friend Barber was injured, and with failing to report the accident. Sergeant J. A. Ci'uickshank said accused returned from Otahuliu, via Mangere, and while crossing tlio bridge ran into the rails and caused such severe injuries to his passenger that the latter had to be sent to the hospital. In the meantime accused disappeared. A constable saw him the same night at his residence, where he declared he left the car for a few minutes, and during that time it was stolen, so he went home by tram. Barber stated he was the only passenger, and sat in the front seat. He described the wholo tour from 1.30 p.m., when accused called for him. They called lor drinks at- the Captain Cook Hotel, Khyber Pass, the Prince Albert, Onehunga, and the Criterion, Otahuhu. After calling also at several private houses ihey motored through Mangere, where accused occasionally offered pedestrians a lift, which none accepted. On Mangere Bridge witness felt a bump, and knew no raoro until he found himself in the hospital. He showed the marks still on his Lead. Accused had acted a bit strangely, snd was not right from a liquor point of view. Demand for Money Denied. In reply to Mr. A. H. Johnstone witness stated accused called at his house, f'to ask if my wife would let me go." Mr. Johnstone: And she let you ? [Witness: Yes. (Laughter.) Witness said he was not drowsy and Sleepy at the time of the accident. Mr. Johnstone: What age are you ? I am 75, but 1 am a strong man. Witness said he did not demand money from accused, and did not tell Mr. Howse he would tell the police unless accused paid him £25. He merely tried to borrow from him for his expenses, on the security of two watches. Dr. John Mark stated Barber arrived Rt the hospital severely injured, and showing strong signs of drink. F. P. Doyle said the car, travelling slowly, passed him on the bridge, hit a pole on the edge of the footpath, cannoned off and struck the railing. He asked whether anybody was hurt, but received no reply. The driver seemed Jnuddled, but was frying to pull away the injured man, who was jammed between the car and the rails. Witness stopped a passing car, and suggested he fchould go with them and report to the police. Mr. F. H. Levien, S.M.: Do you mean to say you all left the scene of the accident while an injured man was lying on the road ?—Witness: The first car to arrive soon went on, but I got in the Second one. Disappearance of Driver. F. E. Bridge said he was motoring across the bridge when a man signalled him to stop. The driver said: "All right," but appeared to be muddled, and not fit to drive. Witness pulled the injured man from the rails, and put him back into his seat. He then motored over for the police and returned. The driver had then gone, but the injured man was there, and also the man who had stopped witness. W. J. Lockwood said he was walking with his wife and son to Onehunga soon after the accident, but nobody was there then. A man under the influence of liquor was approaching from the direction of Mangere, and when ha came up to the car Mrs. Lockwood turned a torch on h>m. The man said: "Put that down." Witness saw him clearly, and pointed him out in Court as the accused. Mrs. Lockwood and. the son corroborated this evidence. Constable Watts, stationed at Mount Eden, said he interviewed accused soon after midnight. Accused must have had liquor, although he was not drunk at that time, having had over three hours to recover since the accident. Accused said he had driven from Mangere, but knew nothing of the accident. He was not in a fit state to make a written statement, but said his car had been stolen. Constable Harrington, who accompanied the last witness and stood by during the interview, said accused smelt of liquor, and was not fit to drive a car. Sergeant Lanigan said he saw accused fet 8 o'clock next morning, before he was out of bed, and obtained a statement. In this accused said that when he left his car for a few minutes somebody stole it, to he went home by tramcar. Constable Johnson described being called to the accident, where he found Barber sitting in the front seat. The driver was not there. Case for the Defence. Mr. Johnstone submitted that on three Such grave charges the onus of proof lay on the police, and unless all was proved accused was entitled to the benefit of the doubt. The charge of dangerous driving had no supporting evidence, except a suggestion from Barber. An accident certainly happened, but that was always possible, and there was no evidence that it was caused by dangerous driving. As for being intoxicated, Barber's evidence showed they had had about the same number of drinks and he himself claimed to be quite sober. Doyle could not identify anyone, and Bridge merely paw the driver wave his arms about. As for the Lockwoods, it was psychological phenomenon that people often saw what they wanted to see, and quite unconsciously they might think they recognised 1 a man four months later, when somebody Sointed him out, and said: "There is aulder." Even if they did identify him, that did not prove him drunk, nor in charge of the car at all. So it really got bank to Barber's unsupported evidence. The magistrate reserved his decision, which will be given in a fortnight.