EARLY MORNING INCIDENT

Wanganui Chronicle, Volume LXXXII, Issue 19347, 30 June 1925, Page 5

EARLY MORNING INCIDENT

SEQUEL TO A CASTLECLIFF FIRE' CHARGE AGAINST A MOTORIST Mr J. S. Barton, S.AI., was occupied practically the whole of yesterday hearing an adjourned ease in which the police proceeded against Hugh Montgomerie Speed for allegedly being drunk whilst in charge of a motor car early on the morning of June 9 last. The main circumstance in the case was a fire that occurred in Carson Street, Castlecliff, on the morning in question, and which was directly a factor in Speeds’ appearance in Court. Mr L. Cohen represented the defendant, while Senior-Sergeant Lopdell conducted the case for the Crown. ARRESTING CONSTABLE’S EVIDENCE. Constable Sheehan, who arrested the defendant, in evidence, stated that on the morning of June 9 he received information at 1 a.m. concerning a fire at Castlecliff. Witness arrived at the scene at 1.50 a.m. He saw the defendant, who was in the company of Messrs Paterson and Hooper. Witness was in plain clothes, and was accompanied by Fireman Brown, of the Castlecliff Fire Brigade. He spoke to Mr Speed and asked him for his name, as he had heard that Speed’s car had collided with the tire engine. Speed inquired who said he had damaged the engine, and witness indicated Brown, whom the defendant called a liar. Witness warned Speed to act judiciously. Speed said “I would not mind having a go at you, policeman or no policeman.” Speed worked himself into a passion, his associates the while endeavouring to calm him down. Speed was abusive, but eventually gave his name. Witness, in the company of Brown, observed the spot where the collision took place. Speed staggered after witness, saying: “Hey, Mr Policeman, I want you.” Witness concluded that the defendant was in a state of intoxication and not in a fit state to drive his car. Witness told Speed he was drunk, and that he (witness) was placing him under arrest, to which Speed said: “Not on your life,” and sat on the running board of his car. Witness tool hold of Speed, but the latter refused to go, stating that he wanted to see a doctor. However, witness put Speed in his (witness’) own car and conveyed him to Wanganui. Patterson, in witness’ opinion, was too drunk to take charge of Speed’s car. On the way into town, defendant admitted having drink that night, but said he was not drunk. “I went mad when the fireman accused me of hitting the fire engine,” defendant said. Speed also said he was watching the process of extinguishing the fire. He disputed the pressure of water, and told firemen to take the fire machine home. On arrival at the watch-house Dr. Adams was communicated with, and arrived later at the station.

Witness was closely cross-examined by Mr Cohen. In answer to counsel, Constable Sheehan said the road where the fire‘occurred was of a very narrow formation while the immediate precincts were lupin and high grass. Speed’s car was off the road and in among some lupin. Defendant was fairly calm when witness first spoke to him, but became excited the moment he (witness) mentioned that he had run into the fire engine—he seemed to lose all control of himself.

“When did you conclude defendant was drunk'/” inquired counsel.—“ When he wanted to assault Fireman Brown.” Witness added that his conclusion was emphasised by Speed’s manner of talk and appearance. His face was flushed —witness could distinguish the shade on Speed’s face though it was dark at the time. The defendant also smelt of liquor. Continuing, under cross-examination, Constable Shcehman said that at the time defendant followed him he did so in a drunken stagger. It was when Speed sang out: “Hey! Mr Policeman,” that his arrest was effected. Witness took defendant by the arm, and conveyed him to his (witness’) car. Speed, under these circumstances, walked right enough. Witness denied that Speed, prior to getting in the car, voluntarily stated that he was not drunk, immediately after his arrest defendant requested the services of a medical man. Witness had no recollection ot defendant inviting witness and Fireman Brown to inspect his car and observe if the machine had come in contact with anything. To witness’ way of thinking, Speed was drunk when on the way to the police station. in answer to further questions, the witness said that on arrival at the station Speed had sobered up a good deal.

Referring to the engaging of medical attention at the police station, witness said that Speed asked, not for his own doctor, but any medical practitioner the police would care to summon. Dr. Adams arrived, and in answer to a question by witness, said the man was not drunk, but had had liquor. 1 he doctor said also that he could not diagnose the condition of the defendant an hour prior to his (the doctor’s) arrival. After the medical pronouncement on Speed, Sergeant Sivyer gave defendant an opportunity to go to his home in a taxi cab. Speed, however, was finally locked up, as the sergeant did not consider his condition such that he could drive his car with safety, which the defendant insisted on. AT THE WATCH-HOUSE. Sergeant Sivyer, called, stated that at 3.30 on the morning of defendant’s a-rrest, he spoke to Speed and inquired where he had been spending the evening. He also inquired of Speed if he had met any trouble, to which defendant replied that he had had a little difficulty, the time of which he (de-

fendant) was unable to state. He was under the influence of drink. Defendant abused witness, and his whole manner indicated intoxication. Witness considered the question of bailing defendant, provided that he appeared at the Court at 10 o’clock that morning, and also that he did not drive his car till daylight. Speed considered that he was being dictated to, and became more abusive. He stated that he would “get” the policeman if he had to wait a lifetime. Witness did not see Dr. Adams at the watch-house, but he heard that the doctor had been there.

To Mr Cohen—When he spoke to defendant his speech was not incoherent. Speed did not walk like a drunken man. His abusive manner and his language convinced witness that defendant had been drinking. Captain Wales, who was the first witness called in the afternoon, informed the Court that he met the defendant at his club at 11.45 p.m. on June 8. At this time there was absolutely no suggestion of drink about Speed. The defendant was perhaps one of the best, hearted men in Wanganui, and was held in the highest esteem by all who knew him. Speed was, however, a man of an excitable temperament. He was dignified, though under certain circumstances his dignity was somewhat unconventional.

Constable William Dumphy, watchhousekeeper, who was on duty on the morning of June 9, when defendant was brought to the police station by Constable Sheehan, was the next witness. At the request of Speed, witness communicated with several doctors, and at length Dr. Adams arrived. Dr. Adams said he was satisfied Speed was not drunk, but he was not in a position to state what Speed’s condition was an hour previous to his arrest. Witness, in view of the fact that the condition of defendant was in question, informed Sergeant Sivyer, who, after questioning defendant, gave witness orders to search Speed. Witness had no doubt as to Speed’s condition —he was not drunk, but was not, at the same time, in a condition to control a car in safety. Witness corroborated the evidence of Sergeant Sivyer relative to the conditions imposed by the latter for the release of Speed on bail. Defendant was subsequently locked up. In reply to the Magistrate, Constable Dumphy said he based his conclusions in regard to Speed’s condition on his manner of speech and abusive attitude towards Constable Sheehan. To Mr Cohen—The speech of Speed at this time was not articulated distinctly, but witness was satisfied defendant was not drunk. Speed would not give his word that he would not attempt to handle his car. Speed was w’roth about the circumstances he had been placed in, and considered that he should not have been interfered with.

To the Magistrate—Dr. Adams was the only medical man available at the time.

Walter Brown, motor driver for the Castlecliff Fire Brigade, detailed the circumstances leading up to the affair at Casnecliff on the morning of June 9. When the brigade turned out a ear was found to be in the way of the motor engine’s progress. ...itness sang out to the driver to get off the road, i lie other car pulled off in response to witness’ call, but in a series of jerks and starts, the fire engine eventually bumping into the car as it backed down Carson Street to take up a position over a fire plug. Witness got his machine clear, but was detained in ail for a period of four minutes, but subsequently got clear. The back step of the engine (produced) was damaged. Later, witness got in touch with the driver (defendant) of the car, and mentioned the broken step. Speed said he did not break the step, and proceeded to abuse witness. There were two or three people standing round. At this time witness w’as in company with Fireman Trott. Subsequently, Constable Sheehan came along, and, in company with witness, spoke to Speed. At the first interview Speed seemed to be under the influence of liquor. He threatened to hit witness when accused of breaking the step. When Constable Sheehan said ho would arrest Speed, the latter replied: “Not on your .... life!” Witness took charge of defendant’s car following his arrest. To the Senior Sergeant —While the fire was in progress, witness did not hear Speed converse with any mcnibeMfl of the brigade- Speed was staggerinfl at the time witness was last in coiiveH sation with him. B To Mr Cohen —Witness did not feeP a bump. For a car to manoeuvre at th«t point of the road where witness ordered the intercepting car to pull off would be a good performance in the day time. Witness examined Speed’s rar later the same morning, but found , 1W evidence of collision. Pressed by counsel, the witness said he did not observe, nor was he aware of, the existence of a telegraph pole on the road at the point where the engine’s back footboard, which was some 16 inches off the ground, came in contact with another car as the machine was backing. Air Cohen —“We have it now that you backed into Air Speed!” Foreman Herd, of the Castlecliff Brigade, also gave evidence. Witness was on the fire machine when the brigade received a call on the morning of June 9. A motor car intercepted the passage of the firn engine. Witness identified the car subsequently as being the property of Speed. This car delay ed tnc engine’s progress at tnis point for about a minute. The engine pulled up about six feet from the car in front. It was a fairly dark night, rhe brigade was also delayed through Speed s car when the firemen were running out the hose. Speed seemed to be fumbling about his gears in the backing process. It appeared to witness that defendant was do’ing his best to baulk me brigade’s work. He was of the opinion that Speed was intoxicated. A In answer to counsel, the said he could, in the same stances, have backed a car in a ter manner. James Trott, a member cliff Fire Brig:.de, gave on the same lines as wit nesses. Cross- e ant’s counsel. t.ive that no in the vi the en