DENIAL OF CHARGE OF DRUNKENNESS

Stratford Evening Post, Issue 72, 20 January 1930, Page 5

DENIAL OF CHARGE OF DRUNKENNESS

motor collision ... ON CHRISTMAS EVE alleged erratic action. F. F. Sclxwaram (Mr. Coleman) pleaded not guilty at *0 Stratford Court this morning, before. Mr. JX. W. Tate, S.H., to a charge of being intoxicated while in charge 01 a motor car.

Lewis Vivian, farmer, Wliarehuiia, goye evidence thajti {about 7 p.m, Qn December 24th. ho was. driving to town up Fast Hoad with his wife. He saw a car approaching an. arm of jthe> driver hanging loosely out of the car. Witness slowed down, on approaching the other car. The other car swerved towards him, and 'though he moved out of the way a collision followed. Witness got out .and asked (the driver if he wife hurt. Schwamm seemed to be very sleepy and his speech was thick. Ho had seen the bulb fly out of one on© of witness’ lamps, but this' bad not happened. Another person in the oar was sleepy amd heavy lockihg.i SPEED NOT EXCESSIVE.

To Mr. Coleman : Witness was nob travelling at high speed. His speed would bo about 25 miles per hour. Thej accident happened just on Stratford side <rf Schwamm’s gate. Schwamm had to crass to his wrong side to enter his gate. Witness did not get the impression that jthe arm hanging from Schwamm.’s oar was a signal that ha was about to draw on to his wrong side. Witness was not' travelling at 40 to 45 Ij(lea flper hour. After the accident he did nob hear his wife say that lie had been travelling far 100 fast. Schwamm came along on the centre of the road till nearly opposite witness, when he suddenly turned in. Witness could not say how far awajy Sfchwlamm was whan witness left the asphalt.

ABOUT 30 MILES AN HOUR. Schwamm was going r;b about 30 miles per hour. After the accident Schwamm did not say that the bulb from, hie own lamp had jumped out. ,1101 the Court; Previous to the accident witness did net know that Schwamm lived in the vicinity end he did not know his oar gat© was close by.

COULD SMELL LIQUOR. Mrs. Vivian, wife of previous witRiess, the opinion that Schwamm was Under tihe influence of .liquor. She was close to the car atufl could smell liquor. To Mr. Coleman ; Afer the accident, from their looks, sho imagined Schwamm and Hs passenger had bee.ni hurt. Just as the oars met witness di3 T 'ot say: “They i© drunk”. Constable Gill stated that at about 7.80 b<* and Constable Hughes went to Schwamm’s residence. Witness asked Schwamm to explain the accident, but Sowing to hfe Idmnken condition bo was unable to do sc. Ho was not able to walk straight. He talked a lot of (nonsense, the only sensible thing he said was that he had just put out his right hand. Schwamm’, s car was facing Stratford, about ten yards on the Stratford side of the motor gate. To Mr. Ccleman : Wiucss could not say if the car had been shifted after the accident.

Constable Hughes gave similar evidence.

(To'nstable Shields said he saw Rchwaram when he arived at the police station about 8.45 p.m. At that time he was under the influence of Jiqubr. In the afternoon witness saw Schwamm being; taken home. He was unable to drive his car. To HMr. Ooleman: At the police station Schwamm’s speech and gait were uncertain. There was difficulty in getting him to leave the station. At this the Court adjourned for luncheon.