A MOTOR ACCIDENT.

Otago Daily Times, Issue 19717, 18 February 1926, Page 2

A MOTOR ACCIDENT.

NOVEL EXPLANATIONS. POLICE CHARGE FAILS. The fact that Frank Bell Poppelwell, a holiday-maker from Auckland, smelled strongly of drink and seemed to be muddled when he came to the South Dune i Police Station to report after having knocked Alfred Wylie off his bicycle, prompted the police to prefer a charge against him of being in charge of a motor car in Prince Albert road while in a state of intoxication. Poppelwell denied that he was under the influence of liquor, .d told Constable Gibson that going down the slide at the Exhibition had made him mud lied. In evidence he told the court that the fact that beer occasionally went sour on his stomach and that he had had steak and onions for tea would make his bro-th smell strongly, The case was heard at the City Police Court yesterday morning before Mr J. R. Bartholomew, S.M. Mr A. G. Neill appeared for the defendant, who pleaded not guilty. . i Alfred Bernard Wylie said he was cycling along Prince Albert road in the direction of the town, when the back of his bicycle waa hit by a car coming from 8* Kilda. The back wheel of his cycle was smashed. Defendant did not sound hts horn, and travelled about 50 yards after ho had knocked witness down. When defendant came back he did not appear to be sober and was “pretty shaky on hs legs.” Witness denied that he swerved. He was taken to the Police Station in defendant’s car. Mr Neill; Would you allow a drunk man to drive you to the station? Witness' Well, a man doesn’t think of these things at the time. Malcolm Scott said defendant seemed to be excited and in a muddled condition, but that was only natural after on accident. He did not notice any smell of liquor. Constable Gibson told how the parties concerned in the case had come to the Police Station. Poppelwell was muddled and smelled strongly of drink, He was not sober. Sergeant Murray said defendant smelled strongly of drink. Poppelwell, at the station, had called Wylie a Bolshevist because as soon as he got up off the ground he demanded the money for a new suit of clothes and a new bicycle. Witness considered defendant sober enough to drive away in his car. Defendant said that Wylie seemed to swerve in front of him. During 18 years as a motorist he had had two convictions for exceeding the speed limit. He had his last drink at 4 o’clock. Martha Poppelwell (defendant’s wife), Thomas Gallon, and Arthur Branbridgo denied that defendant was under the influence of liquor. The Magistrate said that intoxication might be a state less than drunkenness. The fact of the accident happening could not be stressed too strongly Motorists frequently complained of the difficulty of seeing cyclists at night. It had ertainly not been proved that de f endant was intoxicated. In view of the evidence as to what happened after the incident the case would bo dismissed. An application for the suppression of defendant’s name was refused.