INTOXICATION CHARGE.

New Zealand Herald, Volume LXVII, Issue 20690, 9 October 1930, Page 16

INTOXICATION CHARGE.

TWO MEN IN MOTOR-LORRY. BOTH HELD RESPONSIBLE. PROSECUTION AT HAMILTON. [ny tei.i'.o n a nr. - - own con rt r,s pon phnt. ] HAM 11/ rON". Vednescln v. Two men, Alexander Adam Allan, cartage conl rail or, and Thomas Allan PeuU ell, grader driver, were conjointly charged in the Police Court to-day with being intoxicated while in charge of a motor vehicle. Allan was also charged with assisting and counselling Pet}nell in the commission of the oftence of driving a vehiclo while in a slate of intoxication. Both accused pleaded not guilty. Mr. \V. d King appeared for Peimell.

Senior-Sergeant Sweeney said thai early in the evening of September 20 a inolor-lorr.v owned by Allan collided willi a vehicle driven by John Bell on the Cambridge Road at ITillcrest. Inquiry showed that both Allan and Pcnnell were in Allan's vehicle and that both men were under (he influence, of liquor. Pennell was driving at the time of the accident. " Could Not Avoid Collusion." John August Henry Bell, motor contractor, Cambridge, gave evidence that he left Hamilton in a motor-lorry on Sep tember 20. When proceeding through Hill crest at b.45 p.m. his vehiclo was struck by another lorr.v. Witness apprehended danger before the collision and ho kept as near lo (he left-hand side of the road as possible. He could not avoid the col lision, for Ihe other vehicle was being driven on the wrong side of (ho road. Pennell was muddled with drink, while Allan was also under the influence of liquor. Constable Aplin said he interviewed Pennell after the accident and found him under the. influence of liquor. Pennell ad niitted having driven the vehicle. Allan was also seen and he explained that he did not drive the lorry because he was too drunk to do so. He admitted having consumed a large quantity of liquor. Pennell refused to give a statement and said he had had only four glasses of beer that day. A Iwo-gallon jar of beer was found in Pennell's possession. Constable Kirby gave corroborative evidence. Evidence for Defence. Giving evidence Pennell said he was working at Rototuna on tho day of tho accident. After 5 p.m. lie cycled into Hamilton and had two drinks at n hotel and picked up a jar of beer he had left to be filled for a man named Devine. He met Allan, who agreed to give him a lift: The accident was due to Bell's vehicle being on the wrong side of the road. Witness said ho was perfectly sober.

Patrick Francis Devine said ho considered Pennell was sober on the evening of the accident. William Williams described Pennell and Allan as perfectly sober prior to the collision.

Allan gave evidence (hat he was slightly injured in tho accident and was bleeding. He consumed some brandy prior to the arrival of the police.

The magistrate, Mr. Wyvern Wilson, said Bell's evidence was trustworthy and he had no doubt that both Allan and I'ennell were intoxicated. Both had taken turns at the wheel and had been in charge of thf» vehicle conjointly. Both would bo convicted. Kach defendant was fined £lO. Allan was disqualified from holding a driver's licence for three and a-hnif years. Pennell's licence was suspended until May 31. The second charge against Allan was withdrawn. Kach defendant was allowed a month in which to pay his fine.