MOTORIST SENT TO PRISON

Southland Times, Issue 23839, 9 June 1939, Page 4

MOTORIST SENT TO PRISON

INTOXICATION ON NORTH ROAD ACCUSED’S HEALTH TAKEN INTO CONSIDERATION For being in a state of intoxication while in charge of a car on the North road on June 6, Robert Charles Heron, a salesman, of Dunedin, was sentenced by Mr R. C. Abernethy, S.M., in the Magistrate’s Court yesterday to 10 days’ imprisonment The Magistrate ‘also made an order disqualifying the accused from obtaining a driver’s licence for three years. For not having a driver's licence he was convicted and discharged. Mr J. C. Prain appeared for the accused, who pleaded guilty to both charges. . Senior Sergeant W. T. Kelly said that at 6.10 p.m. on. June 6 Mr J. Ireton, the Transport Department’s inspector, Was driving south along the North road to Invercargill, and on approaching the Waikiwi stream he saw a motor-car off the road on the left-hand side, up against a power pole and facing the creek. Marks showed that the car had been driven towards the creek and had skidded against the pole. Had it continued it would have run into the creek. The driver was trying to start the car and the wheels were skidding. The inspector asked him to get out, and when he did he fell. He was unsteady on his feet, and smelt of liquor. The inspector took him to the police station where he was examined by a doctor. He had been before the Court recently on a similar, charge. Mr Prain said that the defendant was a salesman and had been in the Southland district for some time, travelling for a reputable company. On the day of the offence he was in Invercargill all afternoon with a business man, and at two dr three o’clock he went out to Branxholme to interview somebody. On the way, back he had three whiskies at the hotel. Coming towards the Waikiwi bridge he- was dazzled by lights, and ran off the road on his correct side, coming into collision with a pole. The accused had been seriously ill and was advised by his doctor to go to bed for a few days. It was obvious, as the Court would see, that the man was in a precarious state of health. He had been on a milk diet for some time. When arrested he was unable to obtain hail, and spent the previous night and all Wednesday in the Borstal Institution. Counsel asked the Court to take that fact into consideration in passing sentence. This, perhaps, was in the nature of a lapse brought about by his physical condition and the precarious state of his health. The Magistrate: Do you suggest there is any physical reason wh yhe should not go to gaol, because if there is I will have him examined by a doctor? _ I don’t want to consider putting him in gaol if his health is such that he should not be there. “I don’t suggest that," said Mr Prain. “The doctor told him he should not be out, but I cannot suggest to the Court that his health is such that he would be seriously affected. He is in a bad state of health, however, and should have medical attention.” “I don’t know what car you were driving or whether you own it,” said the Magistrate, “but you were driving without a licence and were intoxicated. Had you run anybody down you might have brought > financial ruin on the person concerned, and you might have brought about his physical ruin. In 1935 you were convicted of a similar offence, and then you were without a licence. Well, I am going to give a little consideration, which perhaps you don’t deserve, to the state of your health. I don’t know whether X am punishing you seriously enough, but I am going to be severe. These cases have given the Court serious concern, and it is hard to know what to do with them.” The Magistrate then sentenced the accused. GORE ACCOUNTANT NOT CONVICTED ACCUSED GIVEN BENEFIT OF DOUBT A charge against William Dawson Milne, an accountant, of Gore, of being intoxicated while in charge of a motorcar on the North road on June 5, was dismissed. For not having a driver’s licence the accused was fined 10/-. Mr T. R. Pryde appeared for the accused, who pleaded not guilty to the first charge and guilty to the second. “There is only one thing in this case that prevents me from entering a conviction,” said the Magistrate after hearing the evidence, “and that is the doctor’s evidence. I have given weight to that with the greatest diffidence, not because I doubt the doctor’s word, but because the evidence of the inspector and the constable is too strong. It is only the fact that the doctor saw the man within a few minutes of his being arrested and has given evidence that he was not unfit to drive that arouses the very small doubt I have got. Counsel is correct when he says that the Court should give the benefit of any reasonable doubt to the accused. I am giving the benefit of that doubt, although it is small.

“I should hate to put you in gaol unfairly,” he said, addressing the accused, “and if I did convict you that is what would happen. We have to knock about the world, and we know something about the effects of drink—how much taken on specific times will do damage, and how much on other occasions will not. If you are wise you will watch in future.” Dr W. J. Barclay said he examined the accused at 6.30 p.m. He came to the conclusion that he had taken liquor but was not sufficiently under the influence of it to be unsafe to drive. He was a little thick in his speech, his pulse rate was quick and his eyes were dilated. He was a little unsteady in walking. The accused admitted that he had had four shandies at 5.30. Before that he had been at the rifle range at Otatara. To Mr Pryde: He could not say he was unfit to drive.

John C. Edwards, traffic inspector for the Transport Department, said that about 6.5 p.m. on Monday he was travelling north in his car wher he saw half-way between the tram terminus and the West Plains road another car a short distance in front of him, going south. The car was well over the centre of the road and it passed another car without giving way at all. It appeared to graze the other car. Immediately after it passed, the car swerved off the bitumen and travelled on its correct side on the shingle. The witness turned round and followed the car, which was travelling between 35 and 38 miles an hour, well inside the restricted area. He was travelling too far over on his left side, with his righthand wheel on the tram line—a position which not one car in 100 took. The witness sounded his siren, and when the car stopped he saw a passenger change places suddenly with the driver. He asked the man who was then sitting alongside the driver to get out, and they went round to the back of the car. He asked him why he had changed places and the accused said the car had

belonged to the other man, and that was why they had changed. The witness then asked him to walk towards his car, and he noticed that he was very unsteady. He asked him to turn suddenly and the accused staggered twice. The accused said he had had a couple of drinks, and witness told him he did not think he was in a fit state to drive a car. On the way to the police station the accused told him he had had four shandies. He seemed to be very unsteady in the witness’s car on the way in. To Mr Pryde: The portion where the tram lines went on the North road was very bumpy. He turned to follow the accused about 200 yards past the Waikiwi school, and he was almost at the tram terminus when he caught him. As soon as he was satisfied about the speed at which the accused was travelling, he sounded his siren and pulled up behind him. It was the way the accused swerved away to one side after passing the car that attracted the witness’s attention. , Constable D. Baxter said he was on' duty in the watch house when the accused was brought in at 6.17 p.m.. As soon as he came in the door he noticed that the man was unsteady on his feet. He took hold of the counter and supported himself before taking a seat To Mr Pryde:' The accused did not ask for a doctor. Counsel submitted that there was. a doubt in the prosecution’s case which entitled the accused to the benefit of that doubt. The Magistrate ruled that there was a case to answer, and Mr Pryde outlined his case before calling evidence. William McChesney, president of the City Guards Rifle Club, said he had known the accused for the last 10 years. He was with him at the rifle meeting at Otatara all the afternoon on June 5, and they had no liouor on the range. Milne was still on the range when the witness left at 5 o’clock. Arthur Robert Wills, president of the Invercargill Rifle Club, corroborated the evidence of the previous witness on the absence of liquor on the range. He left the range about 5.5 p.m. In the last shoot, Wilson, the passenger in the . car Milne was driving, scored , a possible, and Milne 32 out of 35. which was good shooting. The match finished about 4.30 p.m. PRESENT AT RIFLE MEETING The accused said he was assistant secretary of the Southland Rifle Association and was a delegate to the meeting of the association on the night of June 5. He had been on the rifle range all day, and took part in the last shoot, which finished about 4.15. Rifles had to be cleaned after that, and there were also speeches. He left the range about five o’clock. Wilson drove the car, and they went to the hotel at Lorneville, arriving about 5.20. He had four medium shandies, and left about 5.50, the accused driving. When the' siren sounded he realized his licence had expired, and he suggested to Wilson that they' change over to save any argument. He remembered passing a car fairly closely, and swerving immediately after. He was not familiar with the road, having been on it only once or twice. When the inspector asked him to walk a few paces he could not find a level place to walk on. The surface was very rough. He did not ask for a solicitor or a doctor because he did not think h' was intoxicated. The car he was driving was difficult to hold on a straight course if there was a camber on the road, as it had a tendency to weave. To the senior sergeant: He swerved so that he would be clear of any oncoming cars. He realized he was too far over on the bitumen. His only reason for changing seats was that he had no driver’s licence. He did not stagger when he turned, but took a step to the side. Charles Merton Wilson, of Gore, president of the Southland Rifle Association, said he was the owner of the car the accused was driving. They left the range about 5 p.m., and went to Lorneville. There was a big crowd at the hotel. They arrived about 5.25, and had four medium shandies each, leaving about 5.50. He did not remember nearly grazing any car, but he had suggested to the accused that he should pull in more to the left. When the siren sounded Milne said: “You own this car change over. I have not renewed my licence." He thought-Milne was perfectly capable of driving a car. If he had not been capable he would not have let him drive. “I asked if I could see Milne,” the witness said, “and was told by the sergeant that I could not. I asked if I could get a doctor and the reply was that Milne had not asked for a doctor. I was not allowed to see Milne to ask him to make a request for an independent doctor. This was all the evidence, and the Magistrate gave his decision.