WHEN IS A MAN DRUNK?

NZ Truth, Issue 443, 13 December 1913, Page 8

WHEN IS A MAN DRUNK?

Doctor and Police Differ.

Sergeant Kelly's Tribute.

ILasi week this paper, which always has sympathy with the "bottom dog," had to deal, sptmjwhat severely, m an article headed "Police Hespect of Persons," with the case of a respectably-dressed man, who was most unceremoniously hustled into the Manuers-street police station, and charged with being ''under the influence" and incapable of looking after himself. As "was pointed out at the time, "Truth's" rep., who felt the injustice of the whole thing, was received with but scant courtesy when he protested that the man wa« not incapable, and could easily be trusted to sco himself home. A worse feature of the case, however, was the voluble boast of tho young fledgling peeler to his cobbers as to how neatly ho had taken his man. Our trenchant remarks of lost week proved themselves fully justified iv a caso that came belore his Worship Magistrate Riddell, iv the Wellington Court on Monday last, when- James McDonald, licensee of the Albert Hotel, was charged with having served a ruan under tho influence of liquor. Insi>ector Hondrey did duty for the police, and Lawyer Mick Myers looked after the iutorests of the publican. Dr. IT. J. Maclean said he lived nearly opposite tho Albert Hotel, and renicJubered the. licensee calling on him on the aiternoon of October 30, between 3.80 and 4 o'clock, '• Tv consequence of McDonald's information, ho went to tho Manners-street police station. FTo saw a man named Percival Kdwards m custody, anil made an examination to determine whether the man was umlor tho influence of liquor or not. Witness made him walk up and down tho corridor a number of times and could detect NOTHING WHO NO WITH HIS GAIT. Ho had hud some drink, but, In

answer to several questions, he answered promptly and quite clearly. In witness's opinion, the man was hot intoxicated, Cross-examined, witness said that ho had been called by the licensee, who said that tho man who had boon arrested' was not, m his ! opinion, drunk. It was extremely unlikely that, m half an hour, the man could bo drunk and then sober. Re-examined by Lawyer Myers, witness said the arrested man's answers Were quite rational, and that he was perfectly clear m his voice. . Sergeant Kelly, m charge of the police 'station at Manners-street,! said that at 3,30 o'clock on tho afternoon of October 20, a constable j and he had paid a visit to the Al- j bert Hotel, and had gone into the "fourponny" , bar. They found a man leaning over the counter, \ apparently drunk. Witness said to the banna|j, "This man has had too; much drink." Tho barman replied, "I think ho is all right."' Witness then went along to the. private bar and saw the landlord, who went back with hbn to th«j public bar. The landlord said, "He's all right." Tho man then walked out, but, when out- I side, appeared to be drunkor than he j was , inside. lie had a bottlo of ! .whisky m his pocket. Witness then instructed the constable to toko tho man m charge. Cross-examined by Lawyer Myers, witness said that the Albert Hotel was well conducted. McDonald was one of • THE BEST OF HOTEL-KEEP EHS m tho city, and used special care to* keep within the torms of the Licensing Act, The man arrested had said that he had purchased the j whisky m his pockot at another hotel. Witness did not remember the licensee saying, "I don't think there's much wrong with that mmi." We said acunothing about "not being so very bad." Witness did not think, when he saw the man inside, that he was sufficiently drunk to be arrested. Constable Preston corroborated. Lawyer Myers, for the defence, said that tho case was one that did not require farther witnesses. 'he police, themselves, had said that the licensee wan one of the most, careful publicans m Wellington. Sergeant Kelly had not thought it necessary to urrost the man while m the hotel. Ho respectfully submitted, upon the evidence of the prosecution, thai the man wn« not m such a condition aa to merit a conviction. Within ft quarter of an hour the orresk'd man had been seen by a doctor. Mad the licensee thought that the man w«ji intoxicated ho would not have gono to tho expenso of sending a medical man. Sergeant Kelly had given his evidence VfiHY FAIRLY AND VKRY UONKSTLV, but \w was influenced by tho fact, and had admitted it, that the urrented mun hud at Jlask of whisky m hii* pocket. Mis Worship, before giving his decision, preforml to he«tr tho ovitlc-nce of the barituwi and the license. In , giving their testimony, »>oih theflfl [ swore poMUvely that thi- man ff«J apparently sobfr when h<> wiuked into the bar. All tin* drink h«> had had was v uiiMlium itlmndy, nn<l this bo luid only hulf nnt»h<*l. Aftor «\ fnw raomenu' conNld<?raUoui his Worship said that the cane

was on the border line. It showed how careful barmen and hotelkeopers should be. live information would be disniissoU. '