AN UNUSUAL CASE.

Timaru Herald, Volume CXXIII, 12 June 1926, Page 10

AN UNUSUAL CASE.

TILE STUDROLME COLLISION. VERDICT FOR DEFENDANTS. Prococdings in the case against Norman Shirley Warded and William Bower Watkins, fanners, of Mayhclcl, who were charged with having been found in charge of a car on the Mam Road at Studholmo, while in a state of intoxication, were continued before Mr E. D. Mosley, S.M., at the Timaru Magistrate’s Court yesterday moniing, after a lengthy sitting the previous day. Charges of using indecent Janiriiago within the hearing of passers-by, and of assaulting Michael .Joseph Young, were also preferred again Wutwere represented by Mr A Ii Caved, of Christchurch. 'Michael Joseph Young, a tanner, residing at Studliolme, said that on the nie-ht’ in question he saw two ears standing on the roadside, one with, a broken axle. Warded was staggering about, ami ■witness advised him to Je.no the car alone. The indecent language complained of was then used by ”‘ u ' doll Witness then went to Watkins and told him to look after his mate its ho was not in a fit condition to look after tho car. Watkins also used bad language, and taking off his ovoicoat, started to fight Witness, kicking him, in the legs, and knocking him down on tho road. The others present then pulled Watkins off, and witness then stood back on the roadway. Watkins was intoxicated, and in witness s opinion was not in a fit condition to drive a car. Warded was also not in a lit condition to drive a car. When driving away defendants ran into the fence, but backed out and proceeded on their To Mr Caved ■ He saw W ardell staggerin'' around the car aud was of opinion that lie should not be driving a car He told Watkins that ho slum.d he in gaol. The fighting then commenced. ... , Sydney Cox, farmer, residing at Studliolme junction, said that he saw the cars standing on the roadway, and also marks on the ground where the collision occurred. The lord cai was on tho right-hand side near the hedge. The hi" car was further down the road. The tall defendant .(Watkins) was at the big car, and arising out- of a remark passed by Young, regarding the inability of Wardell to drive the car, a scuffle ensued. Young had said that if he had Ins wav lie would put them in gaol. Watkins then took oil his coat and knocked Young down. He concluded from their actions that both were under the influence of liquor. Watkins being in the worst condition. When driving away, they ran into tho hedge, but- managed to get out again. This concluded the case lor tho prosecution. At this stage Mr Cave!l objected to the police not calling the Waimate constable, who, he said, was prepared to give evidence as to the sobriety of defendants. He understood that tho Senior Sergeant was going to call Constable Swan. He considered that tho Senior Sergeant had taken up a very unfair attitude in not calling the cons table. His Worship: You can call the constable if you wish. THE DEFENCE.

Mr Caved said that the evidence he would call would be a complete denial that defendants were drunk, and that after flic accident neither showed any evidence of drink. That evidence would be given by disinterested persons who were in a position to judge. It seemed extraordinary that the police witnesses could say that both were drupk, and lie could only conclude that the princqial witnesses had a grievance. Campbell admitted that lie had no insurance on the car, and it would on'y be natural to assume that they were trying to put themselves m the right position. Camphell had insisted that both Warded and Watkins were in the car, and in the short space of two or three minutes judged as to their .sobriety on that, making up his mind in those few minutes that both were very drunk, in the box Campbell stated that lie was away for minutes, but later lie altered that to throequarters of an hour. Each witness had been convinced that Wavdcll had been driving, and that ho was drunk. As a matter of fact Wardell was not driving. When Watkins vacated the driving scat to walk hack to tiie other car, Warded did the obvious thing in getting into the driver’s seat and endeavouring to start the car. He considered that it would bo impossible for a drunken man to have effected the necessary repairs and start tho car. Defendants were both very moderate drinkers, and evidence could bo called to that effect. Watkins was on Ids way to stay the night with his mother, and lie would submit that iq man would not go home under the conditions alleged. The evidence of the witness Bcrrotl, ho considered, was weak and inconsistent with that given by the oilier witnesses, and also tiie evidence had largely to be put to him. The assault occurred when Young said that both men shou'd he in gaol, and he considered the assau't would be under provocation. Both parties considered they were in the right regarding the accident, defendants contending that they were dazzled by tho headlights and could not see where they wore going. He submitted that both Campbell imd Hewitt jumped to the conclusion that defendants were drunk. The police evidence gave the time of the accident at (1.15. Campbell considered they remained on the scene of tiie accident for an hour. Defendants proceeded in the direction of Waimate and stopped at Mr Mcdlicott’s to telephone a garage for a mechanic to come out to fix tho battery. Mr Mcdlioott's evidence would go to show that defendants were quite sober.. CalJendnr, the proprietor of a Waimate garage, came out and towed them in, and was also absolutely certain that they were not drunk. Driving a car with a flat tyre behind a. tow-bar was a ticklish job, and he contended that it would he impossible for the defendants to have ijianaged tho ear under those circumstances if the} - had been in the drunken condition alleged. Defendants arrived at Mr Medlicott’s at 7 o’clock, and at the garage at about 7.45. They were interviewed by tho constablo at nine o’clock, and the

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latter, after taking a statement from Ibein lasting about an hour, had sa-:d that lie could not find any sign of drink on them. Unfortunately, Constab'o Swan had not been called, and lie was forced into the position of putting the constable into the box for the police to cross examine as they wanted. Norman Shirlev Warded stated that he had left Ashburton at about 2.30 p.m. with the intention of visiting Air "Watkins’ mother at Oaniaru. On the way down he noticed that the car battery was not charging, and took the' car into a Timaru garage to have the generator attended to while they had tea. At the garage they waited about leu minutes, and left lor Oaniaru about five o’clock. Up to then he had driven about CO miles, but about threequarters of an hour after leaving Timaru Watkins took over the wheel. Approaching the two cars in question Watkins remarked that the lights of the approaching cars were very strong. They proceeded a'ong at about 20 miles an hour, slowing down when within about two chains. At that point they were completely blinded, and hud no idea where they were. They struck the car on the right-hand side, and as a result the front tyre on that side burst. The bi b-cap was .smashed, and the battery box was also damaged, fusing the lights immediately. Watkins stopped the car and went back to see wluit had happened to the other car, while witness took his place at the wheel and attempted to start the car. He then heard voices at the back of the ear, and heard "Watkins trying to impress upon the other driver that his lights were dangerous and that it was liis fault. "Witness got out and walked around the ear to see what damage had been done. He located the trouble in the battery, finding that the earth wire terminal had been ripped off. He repaired the damage and attempted to start the ear, blit it still refused to go. He had another look and found that the resistance coil had fused. He joined it up and started tho car, later switching it off to go back to Watkins. He saw someone" fall to the ground and saw Watkins come towards him, holding his hand to his car, stating that someone had hit him from behind. Witness advised him to come away as it inis no use getting mixed up in a brawl. The battery box was then leaking, and the contents were dripping on the road. There appeared to be seven or eight men about, mid witness concluded that trouble might arise and drove away. Jn his opinion the cars were about two chains apart after the collision. AYitness did not use any bad nor did he hear Watkins use any. Upon leaving' they did not drive into, tho fence, but owing to the front righthand tyre being fiat, witness was taken on to the grass at tho side of the road, but ho immediate'y straightened up He proceeded a distance of about three miles when the battery gavo out. They were near a. farm house, and Watkins went in and telephoned Waimate. An expert came out and towed tho car into Waimate, using a tow bar. Ho considered that they arrived at tho garage in about 15 or 24 minutes’ time. Ho told the proprietor and the mechanic where the trouble was, and then telephoned his home. Another car, a taxi, came in, and witness explained to tho driver what had occurred. Callcndar, tho proprietor, was present all the time. Constable Swan arrived at S.-lo p.m., and after booking rooms at a hotel they accompanied the constable to the police station, where they remained for over an hour. The constable said that lie had been informed by t-lie driver of the other car Unit lie was intoxicated, and that lie himself did not consider that he was "ndor tho influence of liquor. He also brought the sergeant in to verify his statement. Witness rarely ever went into hotels, and on that occasion had not had a drink for about two weeks. AVatkins was in witness’s company all the time, and as far as he was aware, had had nothing to drink that day. AA’atkins’ habits were .somewhat similar to his own. The statement made that witness was staggering around the car was quite incorrect. AA’atkins asked the sergeant at AVaimato what the outcome would be, and the sergeant said that if there was any case it would be a civil action.

i'o Senior .Sergeant Fahey: They remained in Tinniru for about half an hour. They did not cal! at any place between Tiniaru and Studliolnie, and did not .rceoMoct passing any sheep. It apiica.rcd to them that the Ford car rail into their car. As they were completely dazzled by the lights, lie could not state whether the Ford wa.s on the right side of the road or not. The statement that both men were in the car at the time the other men came up was incorrect. He considered that the witnesses for the police must have been jumping to conclusions. Watkins did not drive all the way from Ashburton. Witness drove to a point between Timaru ami Studliolme. The statement to the police was given at 5).15 pan. The statements made by tho other witnesses were absolutely untrue regarding the drunk, 'lhkps and the bad language. His Worship to defendant Warded:

“It is obvious that ou one side or tho other somebody must be committing perjury. . Would you suggest that the last witness, Cox, has any object in committing perjury?’’ Defendant: “! can only assume, sir, that they had jumped to conclusions.” William Dower Watkins, the other defendant, gave corroborative evidence regarding tiio accident. To Senior Sergeant Fahey: Ho did not knock Young down. Defendant himself was knocked down by someburly. To His AVorship : He had not had a drink that day, and had had no liquor in Ihe ear. When speaking to Cox lie was not thick in his-spcech or unsteady in his movements.

Henry Norton Medlicott, a farmer, residing at Wuimato, said that on the night in question Watkins came to the door at about seven o’clock, and asked if he could use the telephone, as ho liarl had a break down. Witness named two garages for him and defendant turned up the numbers in. the telephone book, found them immediately, and rang Ca'leuditr's garage. Witness was with him at the time, and could see no sign of liquor ou him or smell any. Witness had never seen Watkins before. Witness’s house wa.s some distance from the road and difficult to reach. To Senior Sergeant If a hey : AVitness was not specially looking for signs of drink. When an accident occur one always took notice of the condition of those concerned. AVitness had been asked to give evidence as to defendant’s state upon arriving at the house.

To flis Worship: He considered it was impossible not to detect a, man when under the inttuence of liquor.

George Callender, a garage proprietor, residing at Waimate, stated that lie received a telephone message about a litt'e after seven o’clock in the evening, and motored out to near Mr Medlieott’s place, where lie found a. Buick ear with the defendants sitting in it. At first there was a little conversation regarding the car. AYardell showed him the battery, and witness could delect no sign of drink himself. The car was towed in to AVaimatej a tow-bar about 9 feet long being used for the purpose. Ho considered that it was not an easy task to manipulate a car behind a tow-bar. The defendant AVardell steered the Buick in. In the garage he saw defendants in the light and did not notice anything unusual in their demeanour. He did not think that a drunken man could have Jixed up the car battery to make it go the distances it did. The defendant W'aided rang up Ashburton while he was at the garage. AVardell afterwards remembered that witness had some slight difficulty in getting his Ford ear into top gear when towing the Buick. To’Senior Sergeant Fahey: AVitness was not thinking of drink at the time ho spoke to defendants. Mr Cavcll approached him regarding the ease about three weeks ago. Ho remembered the occasion quite well. Michael John O’Meara,'a mechanic in tho employ of the previous witness, 1

gave evidence ns to examining the car and noting its condition. The two defendants pointed out the damage to him. AVitness noticed no sign of liquor upon either. To Senior Sergeant Faliev: He spoke to defendants when they came into the garage and discussed the -condition of the car generally, it never occurred to him that liquor entered into the question. Evidence as to conversation, with tho defendants in Callendar’s garage was given by Alexander Boyd, taxi proprietor, residing at He said that lie conversed with them lor about twenty minutes. Ho was quite c lose to defendants, and did not smell any liquor. Ho was giving evidence of his own free will.

To Senior Sergeant Fahey: He did not drink lnmself. Dofciulants were quite sober when ho was with them. ■ Constable Swan, stationed at AVaimate, said bo remembered the night in question. Ho was instructed that there had been an accident on tho main road at Studliclmo Junction. He proceeded there, arriving at the scene of tho accident at 7.15 p.mi. He found Messrs Campbell, Hewitt and Parrott there, and lie was told that both AVardc.'l and AVatkins were very drunk. He examined the road marks and conridered tho Buick had pulled up 50 yards away, lie also saw water on tlio right-hand sido of tho road. At about nine o’clock he saw the defendants standing beside the- car in the garage. He saw tho damaged battery and was Handing close beside both. Ho could not detect any sign of liquor on either of them. From information received, ho was looking for signs of intoxication. After defendants had booked their beds he went to the station and took their statements. They were close to him during that time, and he could detect nothing. He understood AVatkins to say he was driving at Ashburton. The AYaimate police were quite

satisfied. After taking the statement lie called tho sergeant in to see the men. He did not recollect the Sergeant stating that “if there was any action it would bo civil.” Not being the officer in charge he thought lie would leave it to tho officer in charge to decide. The .sergeant gave him the impression that he was satisfied that they were all right. To Senior Sergeant Fahey: AVhcn the Sergeant saw the men it was. about three and tliivequarter hours after the accident. THE VERDICT. His AYorship stated that extraordinary developments lnul occurred in the ease. Had the ease gone merely on the evidence for complainant he would have had no hesitation in certifying that both defendants were under the influence of liquor at the time of the accident. The defence, however, was also very strong, especially when it Was taken into consideration that the locality immediately alter the accident, where the evidence of drunkenness was obtained, was in darkness. Jt was difficult to understand how apparently unbiased and honest witnesses should swear that the defendants smelt of liquor. He did not think that anyone could watch AVardell and AVatkins giving their evidence without believing that they were telling what they believed to be tho truth. He was satisfied also that neither were men who could be described as “drinking men.” The evidence brought by the defence wa.s strong. Both Medlicott and Callander had good opportunities of examining tho men in the light, and it could hardly he said that their evidence was biased. He considered that credence must bo placed on their evidence. Tho only conclusion that could be arrived at was that the complainants were honestly mistaken. He could not enter a conviction unless lie was satisfied beyond all measure of doubt. The charges of being found in charge of a car while in a Hate of intoxication, would be dismissed in both eases. In regard to the charge of assault against Watkins, His Worship said that with the exception of one material ! point as to who was the aggressor, there wa.s no great inconsistency in the evidence of complainant and defendant, ft was evident that AVatkins was of n.n excitable nature, and he could hardly believe that a man such as complainant would attack a man of

defendant’s stature. The assault was merely of a technical nature, and defendant would be convicted and fined ,10s and costs. The charge against Watkins of having used indecent language was the most serious of all, and on that charge accused was liab'e to imprisonment for 12 months. He was quite satisfied that indecent language had been used, and the evidence pointed to Watkins as having used it. There was, however, a shadow of doubt, and taking into consideration the youthful age of accused, he would give him tho benefit of it. The charge wa.s dismissed. AVitnesses expenses were not allowed.

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