CHARGE OF INTOXICATION

Taranaki Daily News, 28 July 1932, Page 2

CHARGE OF INTOXICATION

MOTOR-CAR DRIVER IN COURT SEQUEL TO MIDNIGHT COLLISION. EFFECTS OF A (PREVIOUS INJURY. Charges Of being intoxicated when in charge of a motor-car and of negligently driving a motor-car were made against William C. S. Purdic, a New Plymouth piano tuner, at the New Plymouth Police Court before Mr. R. W. Tate, S.M., yesterday. The cases arose from a collision at the intersection of Hobson and Devon Streets on May 22 between a car driven by Purdic and a raxt-driven by Basil Blackball. After the evidence for the prosecution was heard the defence suggested an amendment of the negligent driving charge to one of cutting a corner, to which the police agreed. Purdie pleaded guilty to the amended charge. Part of the evidence for the defence was heard but two witnesses were unable to 'be present and the hearing was adjourned sine die. Blackball said he was driving his taxi along Devon StreeLtowards Fitzroy. He was travelling on the left side of the road and nearing the corner of Hobson Street his speed was 27 miles per hour. He saw a car coming down Hobson Street towards Devon Street. Suddenly ho noticed another car making a righthand turn out of Hobson Street into Devon Street. The car turned on the wrong side of the road and struck his car on the rear of the left side, overturning his taxi. The other car was travelling at more than 25 miles per hour, but it pulled up and he went across and spoke to the driver, Purdic. There were two men and a woman in the car and the men were both under the influence of liquor. Blackhall thereupon telephoned the police. To counsel for Purdie Blackball said, he was not travelling at more than 15 miles per hour when he reached the intersection. At the impact Purdies car had turned from Hobson Street and was diagonally across the road. He wat cross-examined at length upon the positions of the cars. CONSTABLE'S EVIDENCE. Constable O’Neill said that practically in the centre of the intersection there was a car facing diagonally towards the tram shelter shed. Blackballs car was in Hobson -Street practically on the footpath. 'Purdie was well under the influence of liquor and Adams was also drunk. At the police station Dr. D. E. Brown certified that Purdie was intoxiThe doctor's certificate was produced in court but counsel protested against its. being submitted as evidence, and the magistrate upheld the objection. ■Senior-Sergeant McCrorie said ho did not- propose to call Dr. Brown to give evidence, 'but he was instructed by the magistrate to call the doctor as a witness. _ Continuing his evidence Constable O’Neill said Purdie admitted having had three or four drinks before the accident. Cross-examined, the constable said when lie visited the scene of the accident 'both parties blamed each other. Witness was cross-examined at length upon the positions of the cars after the accident and the measurement he made of marks on the road. Constable Antill was in the police station when Purdie was brought in, he said. Purdie was very intoxicated and smelt strongly of liquor. Walter C. Stephens, Lepperton, an eye-witness of the collision, said he saw a car turn from Gill Street into Hobson Street, skidding on loose metal as it turned the corner. Ho estimated the speed at about 27 or 28 miles per hour. The car did not slacken speed as it approached Devon Street, where it struck Blackhall’s car.. He described the positions of the cars after the accident Purdie spoke to him and asked him if he (Purdie) was travelling fast and the witness replied in the affirmative.. Purdie smelt strongly of liquor and in his opinion Purdie was intoxicated. WHAT PEDESTRIAN SAW. In cross-examination Stephens said he had had previous experience of driving. He was halfway between Gill and Devon Streets when the collision occurred, and he could see that Blackhall’s car was on the correct side of the road and that Purdie cut the corner in turning. Purdie was on the correct side of the road when 'he turned into Hobson Street, but went to the wrong side of the road before reaching Devon Street, where the car, when it was about ■haU across the intersection, turned towards Fitzroy. Dr. D. E. Brown said that when he examined 'Purdie after the accident' he formed the conclusion that Purdie’s judgment as a motor-driver was impaired, by drink. He had since attended Purdie and from his present knowledge of what Purdie had gone through he could safely say that Purdie’s condition after the accident could be attributable to shock and not to drink. It would not 'be fair to the defendant to say that what he saw was definitely attributable to drink. It would be possible for a layman to 'be misled and ascribe to drink what was due to shock. The smell of drink about Purdie would encourage that mistake. He could not now fairly say that Purdies judgment was impaired by drink.

To Senior-Sergeant McCiorie Dr. Brown said a man who had received the injuries that Purdie had previously suffered would not be able to stand much liquor. One drink might impair his. judgment. Purdie admitted having ‘had several drinks.

To the magistrate the witness said he might have been mistaken when he ascribed Purdie’s condition to liquor. When a man had had a fractured skull the effect of drink might 1- very much more serious than if he had a sound skull.

In his defence counsel submitted that the charge of intoxication had not been proved beyond reasonable doubt. As far as the negligent driving charge was concerned he admitted that from the evidence Purdie cut the corner, and he suggested that the charge be amended to one of cutting the corner.

Purdie in evidence described his movements on the day of the accident. Throughout the day he had only four drinks, three of which were before 6 p.m. The fourth drink was a whisky glass full of ale drunk at about 11.30 p.m.

To the senior-sergeant Pnrdie admitted a Napier doctor told him to take drink only in moderation. He had not been drunk for well over two months.

Boris Morgan, who was with Purdie part of the evening, deposed to his sobriety. Eileen May Barry, who was in Purdie’s company from 5.15 until nearly midnight, said he had only one small glass of ale in that time.