A Fiery Fire Chief

NZ Truth, Issue 1001, 31 January 1925, Page 5

A Fiery Fire Chief

Lyrid Language And Threatening Behavior Flying Flivver Gomes To Grief— Driver Resents Accusation That He Was Drunk Court Decides It Was Shock (From "Truth's" Christchurch Rep.) Motor accidents m these, joy-riding, hair-raising days are so frequently associated with the driver being full of alcoholic fuel that whenever a car is upset a suspicion is aroused as to the motorist's sobriety. Some such suspicion was . certainly aroused m Christchurch (with what 'foundation will be seen m the following report) m the case of Charles C. Warner, superintendent of the Christchurch City Fire Brigade, who was brought before the Court last Week.

The charges on which the Fire Chief were arraigned were of (1) beingdrunk whilst m charge of a motor-car; (2) using obscene language; and (3) behaving m a threatening manner. The. case was part heard the previous week, when on account of the volume of evidence,: Magistrate Wyverti Wilson found it necessary to adjourn the hearing. On that occasion, evidence was given by several witnesses to the effect that shortly after 6 o'clock on the evening- of December 20, Superintendent Warner, after leaving the Richmond Workingmen's Club, drove a Ford car along the wrong side of Stanmore Road. at a speed of 40 miles an hour and, jumpir.g the channel of. a cross street, swerved across the road, and .crashed into a telegraph post. After the accir dent, it was alleged, Warner used obscene language and .! behaved m a threatening manner to one of the bystanders. , , ' When the hearing was resumed last week, Senior Sergeant Lewin, who Avas m charge of the prosecution, called Victor M&in, a company- secretary, Avho stated that he .had helped to right Mie car after the accident. Warner sot ' m and tried to drive, but as one of the Avheels Avas nearly off, Avitness switched off the battery. Meantime some of the bystanders Avere remonstrating with Warner, who behaved as if he were not sober. Just after the accident, however, he had Avallced aiound the damaged car quite steadily, but seemed to "go to pieces" directly afterwards. It was witness's opinion that Warner Avas quite sober, but Avas upset by the shock of .the accident To Mr. C. S. Thomas (counsel for the defendant): Warner's condition certainly became worse from the time thp. accident happened. „ „ . James- Broome stated that he arrived on the scene, immediately after the accident' and Warner Avas trying to start the car again. He Avalked around the overturned machine as. if .he Avere drunk. ..,' „, Sergeant Almond gave evidence of having called at the Fire Brigade Station and seen Superintendent Warner, m consequence of a message he had received. He mentioned the accident to Warner; Avho replied: "I know.nothing about it," and asked AVho had given the information to the police. He added: "It's a damn. pity they didn t have something else to do." Warner had abrasions on his face and was drunk at the time Avitness iutervicAved him. The S.M.: What makes you think he A\ap drunk?— He's a man I knoAV and on this occasion his behavior Avas that of a drunken man. He /was m a nasty mood, his face Avas flushed and his apr.earance generally, convinced me that he Avas drunk. . Replying to Mr. Thomas. Avitness cleniecrthat there was bad bipod between himself .arid the Fife. Superintendent, or that he had had Avords with him at the Railway Hotel fire. A COUPLE OF WHISKIES'. Mr. Thomas, m: opening the defence, said that on the afternoon of the accident, Superintendent Warner had visited the Richmond Workingmen's Club and played- euchre Avith several ofthemembe'rs. He' had had two Avhiskies and on leaving the club, drove Ills, car at a. pace not greater than 20 miles per hour. He had just passed a tramcar coming from the opposite direction, Avhen his car sAverved. toAvards the channel on the right-hand side, it being aftenvards discovered that one of the rear tyres had. burst. Warner remembered nothing clearly from the moment he hit a telegraph pole, although he had a recollection that one of the bystanders inquired if he was hurt. He was driA'en to the Fire Brigade Station by a friend and it avouUl be shown that he was dazed and not under the influence of liquor. Defendant, m eA'idence, said that he had had no liquor, previous to A-isiting the Richmond Wprkingmen's Club and Avhile there he had only tAvo Svhiskies. When he left the club, he drove along the centre of the road, as there was no traffic". He pulled across to his proper side, however, Ayhen passing an oncoming tram and at that moment something went: wrong with the rear tyre and' the car after swerving across tho road, crashed into a telegraph pole. Witness, through receiving a knockon the head, felt pretty bad and remembered little, except; that- somebody asked if he had hurt himself. On being driven home he rested for an hour before Sergeant Almond visited him. His answers .to that . officer's questions were probably sarcastic because he considered that the object Avas to ascertain if. he was drunk. The S.M.: What made you think that ?— Because I knoAV, that after a motor accident, drink is genei'all'y the first supposition. To Senior Sergeant Lewin: Witness could not clearly remember Avhat-hap-pened after, the smash and he was surprised to hear it said that he used bad , language, as that was something lo Avhich he Avas not addicted. He admitted having had tAvo previous accidents, but 1 they both occurred Avhilst he Avas hastening to fires. One of those. fires Avas at the Woolston Tanneries? — Yes. .'.."■ " And on your Avay there you collided with somebody? — I could hardly avoid doing so. There Avere thousands of bikes and cars. There Avas some damage done as the re-suit of that collision. Who paid for tljiit damage? — The Fire^Board. On that occasion did you use bad lii'ieiifige? — Not that I remember. Thomas Dalton . , said Warner Avas quite sober at 5.45 p.m. Avhen Avitness 6uav him at the club. DAZED, NOT DRUNK. Arthur Edward: Glark, a tramway m"torman, said Warner drove past his tram m Stanmore. Road 'at a speed <if about 12 miles per hour and 'seemed, to be bearing towards the left side of the road Avhen his car suddenly sAvung to the right and crashed into a post. Witness, Avent acroVs to the scene of the smash and Avas standing beside Warner Avhen someone m the croAvd .said, "He's drunk." Witness, hoAvever, considered Warner was dazed and. not drunk. ' , ' John D. Morland, 'tram conductor, said Warner had passed the 1 ram ut 10 or 12 miles an hour, Avhen Av.itness heard a crash and saw that an accident had happened. He went over to Warnei Avho Avas very pale but perfectly sober. Charles North, a trarmvay mptprman, Avho Avas riding to work on the tram wh'ch Warner passed m Stanmore Road, said that after the accident Warner appeared to be dazed and did not answer Ayhen spoken to. Because it Avas quite a natural thing to do, Avitness looked around for a flask or bottle, but he Avas nevertheless, confident that Warner Avas not under the influence of liquor.

The Senior Sergeant: You maintain that it is a perfectly natural ; thing to look for bottles at a motor-car accident?— lf you were . driving a tram for any time, you'd swear that about half of the motor drivers are drunk. At anyrate, you would if you were driving on Riccarton Road. Witness continued that somebody m th« crowd said Warner was drunk and the crowd accepted the statement as a fact; half of the passengers getting back into the tram without having seen Warner, were quite satisfied all the same, that he was drunk. George Edward Williamson said that Williams, one of. the ' chief Avitnesses for the. prosecution, had arrived at the Linwood bOAvling green m a very excited state and told about the smash, whereupon witness went out to see what had happened. He asked Warner if the car was his and whether he was hurt, Warner replying that it was

his car and that he AA'as not much hurt. Warner . spoke rationally and walked steadily and* although a first impression might - have been that he Avas drunk, this was not so, as he was da zed, more , than anything else. Dr. M.-'G;, Louisson gave evidence concerning the difficulty of determining: the difference betAveen a man suffering from shock and a man under alcoholic influence. It was quite possible for Warner to,- act as he Avas said to have acted, Avhile suffering from shock. Particularly m this respect, witness had been . impressed by the statements that Warner's speech Avas distinct AA'hereas; Avith drunkenness, one of the primary points was thickness of speech. To the S.M.: Shock produced a sobering effect on a drunken' mind. Mr. Thomas: And by the same rule, may' it not have a drunken effect on a sober mind? — Yes. '// Shock may produce for a time, loss of- memory, and during- that : period a man might run amok. v If a man had had a Avhisky or two, would shock be more likely to make him run amok, although he Avas sober before? — Yes. Albert EdAvard Smithers, motor mechanic, said he saAV the accident and considered that just before the crash, Warner's car was travelling at a rate of about 10 miles per. hour. Afterwards, Warner, on whose hands^ and face there was blood, appeared to be m pain and he frequently put his hand to his head. He did not. slioaV any excitement until someone said he was drunk. , Witness remonstrated Avith the person who made that accusation and Warner immediately became calni again. Thomas H. Papps's evidence avis that Avhen he drove Warner home ju"3t after the accident, the latter Avas not under the influence of liquor, but was dazed. It Avas on account of somebody m the croAA'd saying Warner was drunk that Avitness took charge of him. Three members of the Christchurch Fire Brigade staff testified that their superintendent Avas sober when he arrived at the station soon after the accident. THE MAGISTERIAL VIEW. The Magistrate, said he certainly/was of opinion that Warner Avas driving at a high rate of speed. He had been to tn-3 Workingmen's Club and he had been drinking. He said' he had. only had two drinks, but. the Magistrate Avas not satisfied with that explanation because the man' Avas smelling 'of liquor and people who Avere near him bad thought he had had too much liquor. The evidence on the point Avas so contradictory, hoA\ r ever, that the Court could no*t find that he was drunk, although it certainly seemed that ho Avas affected by drink and that he Avas not driving m a careful manner, because he Avas not noticing much, despite the fact that he was m a very harrow and very dangerous street. He Avon t ' on the . Avrong side ' of the tram and according to the statement of witnesses, he had just passed the train. Avhen one of his tyres burst and he lost control of the car he aa'hs driving. The bursting of a rear tyre- should -not have put the car out of control. However, he lost control and ran into a post. "I don't think he Avas drunk at the time," continued the Magistrate. "The evidence of those who saAV the affair Is most conti-adictory and m the face of it I cannot find' that lie was drunk. But he certainly had been drinking and his conduct Avas such that it led some of the people present to raise the cry that he was drunk and he therefore lost his temper and sorted out the man whom he considered had made the statement. No, I don't think he was drunk, but I do think the liquor he had had caused him to lose control of his temper and to abuse the wrong man. It is not an_ ordinary case of indecent language or threatening behavior, because this man was not quite himself at the. time. He had been tipped out of the car and when the cry was' raised' tlutf he. was^

drunk, he lost control of himself and used the language." ' The drunkenness charge Avas dismissed, Avhilst a fine of 40/- Avas inflicted on the charge of using obscene language and defendant was ordered to pay costs amounting to £3 10s on the third charge.