ON GOING HOME—LATE

NZ Truth, Issue 1148, 1 December 1927, Page 3

ON GOING HOME— LATE

Black Cat Upsets Sharebroker's Gilt-edge Securities

(From "N.Z. Truth's" Special Auckland Representative.)

EVERYTHING was going well until a black cat flitted into the picture as the car sped along Customs Street. It was a misscue for Felix, and for once m his nine lives he reversed his traditional reputation of being a lutfky charm.

IT was at least a stroke of ill-fortune for Raymond George Emanuel, aged

33 years, a sharebroker by occupation, for he was one of a happy little mixed party returning from a farewell celebration m a borrowed motor-car.

It was the morning after the party that Emanuel was charged at the Auckland Police Court with being m charge of a motor-car while m a state of intoxication. He looked very weary and a heavy overcoat was insufficient to conceal the fact that he still wore his evening clothes. A week later Emanuel appeared on remand before Magistrate McKean and an interested public. Lawyer Dickson appeared to give legal assistance to his plea of not guilty. . Opening the case for the prosecution, Senior Sergeant McCarthy called Constable Huckstep, who waa on duty m Customs Street In the vicinity of midnight of November 9.

The constable's attention was first roused by the noise of hilarious laughter along the road. He

sighted an approaching car which appeared to accelerate m pursuit of a black cat which ran across the road.

The car took a zig-zag career, which culminated m a sKid an<3 the bursting of a tyre. As the car came to a standstill, witness approached the occupants and asked who was m charge. The accused, who volunteered that he was m charge, appeared to the constable to b<» intoxicated and could not produce his driver's license.

Knew His Business

A Difference

He Who Drove

S.M.s Dictum

Constable Ross, who came on the scene later, stated that Emanuel had addressed him and his colleague as "a pair of good-looking gentlemen," inviting them to come to his office. A.ccused was intoxicated and they decided to take him to the station. To Lawyer Dickson witness assured the court that Emanuel was the only one wearing an evening suit. Ac-

cused's speech was a bit thick and he said he could produce his driver's license within twenty-four ,hours. Lawyer Dickson: "Did you Have to carry him into the taxi?" "No; but he refused to get m, and told me to get m myself and not to be ordering him about, as he knew his business as well as I did." "How long have you been m the force?" — "Nine months." Police-Sergeant Daley, who was m charge at the watch-house when Emanuel was brought m, said there were distinct signs of intoxication about the accused. Another police-sergeant gave corroboration as to accused's condition when at the watch-house. He heard Emanuel admit that he had taken six whiskies after the hour of about nine p.m. The sergeant had visited the cell about one m the morning and Emanuel was "dead to the world." Later he again looked m and there was evidence of the arrested man having been ill. The prosecution closed with the evidence Of Cyril "Wilson, a land agent, who. had tent the car to accused. "My client is a decent and respectable man," declared Lawyer Dickson, m intimating that his defence would be a denial that TSmanuel was the driver of the car. "He had a few drinks at the party and with others left at about 12 o'clock m the car."

Unfortunately, said counsel, the man who had been at the wheel had left the next day for Australia, and was therefore unavailable as a witness. Taking exception ,to the actions of the second police witness, whom he held responsible for the arrest of his client, counsel described the constable as "one of those gentlemen who is determined to do his duty, but sees more than his duty." He contended that his client knew nothing about the doctor's certificate until it was produced m COUl't. Touching upon the interpretation cf the charge, counsel expressed the opinion that it was vague- and a man could not possibly be said to be "m charge" of a car unless he were actually driving . himself or was assisting an incompetent driver. From the witnosa-box, Raymond George Emanuel stated that He had been m New Zealand about twelve months. At the party he had only "two or three whiskies at the outside." He had rils evening suit on, as also had Wedgewood, another member of the car party. He noticed the black cat run across the road-^nd the driver .'attempted to avoid it. Magistrate: "Who was the driver?" • — "Mr. Wedgewood." The car swerved, continued witness, and the back left-hand tyre blew out, the car coming to' a halt on the left of the road.

They all got out and started to jack up the 6ar, when a constable came along, and addressing witness remarked: "You were coming a bit wild round there, weren't you?"

The constable accepted an offer of a cigarette and inquired who was m charge Of the car. Witness informed the officer that "he was In charge, but was not the driver. Asked for his license, witness explained that he would produce it within 24 hours, but was told that if that was the law m Australia, where he came from, It would not do m this country.

Wlj^n the second constable came on the scene, witness was arrested and taken to the station m a taxi-cab. Detailing the medical inspection to determine his condition, witness said he was told to walk up the passage, turn on his left foot, and walk back.

"My *rlends offered to bail me out for £100, but it was refused." Requests for a solicitor and a message for other clothing, witness also affirmed, were refused after he was placed m Mt. Eden gaol.

Grpss-examined by the senior-ser-geant, Emanuel described the car as a comfortable flve-seater. He was seated m the back seat with Miss Johnston and Osborne, while m the front seat were Wedgewood (driving), Miss Steadman, and Mcßride. Witness assured the examining officer that from his position at the back of the car he was quite able to see the black cat and all that had happened. Murray Wilkie Mcßride, traveller by occupation, was the next witness. The party had been celebrated at his house as a farewell to his sister, who was leaving for Australia. There had been three bottles of whisky at the party, but there was half a bottle left over. Witness had good, reason to remem-

ber that Emanuel was not the only occupant of the car wearing a dress suit, as witness had lent his own suit to Wedgewood, who was a visitor. A friend was rung up "to come to the rescue," and arriving m his own car had offered to bail out the accused. To the senior-sergeant, witness claimed no doubt about Emanuel being m the back seat when the tyre burst. One of the other guests at the party, Kenneth Hodgson, a medical student, gave his opinion as to Emanuel's sobriety. So sure was he that accused was not drunk that he. disputed the certificate, of the qualified practitioner. The lady occupants of the car followed into the Xvitness-box. Kitty Steadman had been saying good-night to her friend. Mavis Johnston, at the gate, when the car pulled up and they were asked to go for a drive. Miss Steadman gave a smiling affirmative when asked if she remembered the black cat. Emanuel, she said, was quite sober. "Mr. Emanuel was quite sober," affirmed, the other young lady, "or I would not have gone for a drive with him." "What difference would it have made if Emanuel were drunk when he was not driving?" asked the senior-ser-geant. "A great difference," came the indignant answer, "if any of them had been drunk I should not have got into the car." "How did you know they were not under the influence of drink? Did you make an examination of them all?" —

"I see no necessity for me to determine between a man m charge of a car and the driver," declared the S.M. "I think the arrested man was driving the car. Several police officers have given evidence m the case, two of them sergeants whose evidence I can entirely rely upon. ... It has been suggested that the defendant has, been treated unfairly by the police. I have heard no reasonable evidence to believe that assertion. Furthermore, Emanuel has aggravated the offence by committing perjury, and I am taking that into consideration m making my decision. He will be fined £50 and his license cancelled for 12 months." Lawyer Elworth intimated that an appeal would be entered and the deposit was fixed by the bench at £15/15/-. On a charge of failing- to produce his license Emanuel was convicted and fined 5/-. ■ KNOCK-OUT FOR JIMMY GERM. Influenza germs. simply cannot stand up to the powerful antiseptic vapors of Pulmonas — . the . scientifically - compounded cough pastille. Provides soeedy relief 'to coughs, colds, influenza.^and all bronchial ailments, 1/6 and 2/6 all Chemists and Stores.*