SOBRIETY OF MOTORIST.

New Zealand Herald, Volume LXVI, Issue 20242, 30 April 1929, Page 14

SOBRIETY OF MOTORIST.

SEQUEL TO ACCIDENT.

FAILURE OF PROSECUTION

fsv TELEGRAPH. —OWN CORRESPONDENT.] • WHANG AREI. Monday. {A plei of not guilty was entered -by Jameu Rathbonq ,I>eyburn in tho, Police Court to-day when charged with being in a. state of into?;icatibn wliilo 'in charge Of a car. »' .•• •• ■' . Constable Smith gave evidence that in responso to a telephone message about. 4.15 p.m.''on April. 12 . lio went to Parua Bay Road, where ho found accused's car overturned on - theright-harid sido of the road. Accused was just being helped out of the car,. There were-indications that accused had had; liquor, and ho 1 was faulty of speech and very unsteady on .his feet. Accused h,ad to be assisted into tho police car and Assisted out. On arrival at the watch-house accused asked for a doctor. Dr. Campbell arrived • and examined accused.

Cross-examined, Constable Smith admitted that Mrs. Reyburn was suffering from shock. The car was upside, down and the occupants were imprisoned under it. Accused was bruised but no bones were broken. *. "

„ Constable' Beaslcy gavo Corroborative ovidenc& -

8. Watts, a brother-in-law •of accused, gave evidence as to assisting accused and bis wife to get free from tho car. He was of opinion that accused was under the influence of liquor., - Senior-Sergeant, Q'Gradv afsfr gave evidence on simitar lines to other poiico officers. . . ...

Dr. Campbell being ill, was unable to give evidence. For the defence, Mr. W. A. Carruth called l)r. Good, who said he examined both accused and Mrs. Reyburn about 6 p.m. in the evening, of the accident. Mrs. Reyburn was very upset. Accused .was in considerable pam rs and was badly bruised: Hp showed no sign of intoxication. Witness saw accused playing bilh'ardfi./afc 2 p.m.,-and did not notice anything'Wdnsj with him. Mrs. Hall gave evidence that she was first on the scene of the accident, and found the car upside down with the occupants imprisoned- underneath. Accused called out. that he could not get out. Witness called-tho police to help get tho occupants puE. ' Accused was calm and lavel-lieaded, Witness was satisfied that accused was suffering from shock, not intoxication.

Accused, in evidence, said he had one small whi?ky' before lunch and another about 4. o'clock. Hp had played several games of billiards at the club. After leav ing Whangarei he had safely negotiated Victoria Bridge and a batch of racehorses Ho was dazed when removed from under the car and was still suffering from tnt bruises./ He deliberately went to the rijihfc f-> avoid the- holes in the road. ■At this stage the magistrate intimated that he did not propose to convict accused on the charge of being intoxicated while in charpe of the car, hut he might be guilty of negligent drivincr. On the application of Mr. Carruth, the case was adjourned until next Court clav. when the charge of negligent driving will be dealt with.