DRUNK OR SOBER!

Otago Daily Times, Issue 17935, 14 May 1920, Page 8

DRUNK OR SOBER!

BRANDY AND BAD NEKVBB. POUCH EVIDENCE ACCEPTED. .Another phase of the ptxpetoal queetion: When is a man dronfc? camo before Mr H. Y. Wxkjowecm, S.JL, in the City PoKco Court yesterday morning, when a young man appeared to answer a charge of driuikenncs. Mr Oilvert, who dofondod him, ontared a pica of not guilty. Senior Sorgenpt Murray conducted the case for tho police. Constable Mlean said h» had arreetod the mau in Water street at about 7 o'clock the previous evening in a drunken condition. Hβ had a bottle of beer -with him, and had been fighting. Hβ also smelt of liquor. Sub-inspootor Mathieson gave evidence that he was in the watch-house ■wfoon die defendant, who is a returned soldier, was brought in. Hβ was then violently drank and had to be held while searched. Ho asked for Dγ Harrison, but witness did not send' for the doctor because defendant had no money. To Mr Calvert: He did not see any necessity to send for a doctor, but Dr Harrison was communicated with, and ho advised that tho man bo released and sent home. Witness bad no doubt that the man was drunk. The mam told him he had had several brandies. Dγ Harrison Raid the defendant was a patient of his and left bis roome at 1 o'clock the previous day. Hβ was then very weak aa-a result of gastro neuritis, and witness gave him a certificate stating that he should be off duty for several raoro days. AJ about half-past 7 the police rang up about the* defendant, and witness advised his release. Witness got another ring at half-past 9 from defendant, and visited him at 10 o'clock at his homo. Ho was then perfectly sober, but was in a very exoited state. Defendant admitted that he had had two brandies and sodas early in the afternoon. The effect of this working on his weak nervous condition would render him very excitable, but he would not be drunk.

Mr Widdowson: Would not the extra condition caused by th© two brandies and ■ sodas bo drunkenness? Witness: No, tho some condition mitr!>i have bean duo to other causes. Hβ showed no signs of liquor at 10 o'clock. The Magistrate said that tho evidence of the constable and sub-inspector was that the man was dronjt The sub-inspector said he was violently drunk. No donbt he wae suffering from a certain troublo / which caused him to be and any drink such ae ho admitted having taiken ■would' cause extra excitement The, ques- '■ tipn was: Were.tho nolico mistaken in taking his excitement for drunkenness? In view of the evidenco ho must hold that at that time tho man was drunk in tho eyes of the law. Hβ thought that -under the conditions that had been detailed by Dr Harrison as to the man's fllnese it would

be right to invoke the provision of section < 92 of the Justices of the Peace Act. He did not think it was a case for punishment. He would extend the great leniency of that section and dismiss the case.