When is a Person Drunk?

Waihi Daily Telegraph, Volume IV, Issue 1097, 19 September 1904, Page 3

When is a Person Drunk?

Case at Wailii Police Court

Fuuny Opinions anil Amusing Evidence

The Too-ra-roo-ral Test.

At tho Magistrate's Court this morning tho charge against William Butler of bsing drunk and incapablo wits hoard beforo Messrs, Thomas Gilmonr (Mayor) and li. Wi Moore, Justices, The oaso ln\d already como beforo the Court last Thursday, bu l on tho application of co unpel a romand had been granted. Sorgoant Shoohcn, in opening tho caso, said that the accused was arrested at ut (juartcr past 10 o'clock at night for drunkenness, and at 20 minutes to 12 ho (tho sorgoant) was asked it a doctor would be allowed to see the ,iecuwl, This request ho rcfusod. At 5 minutes to 12 Dr 81 iter and a Justice of tho I'caco visited tho cell. Tho caso was simply one of drunkonness, but thoro was no doubt there was an attempt by a body of mon to endeavour to do as they liked. Home time ago things were rather ieo and easy, lie was not, however, binning thedoctoror thejuttico of tho Twee, To givo an idoa of tho slate of affairs, ho would state that three days agoono of his constables rcceiveil an anonymous letter threatening" to do" for him (tho constable) when tho writer next him met in a bacK street,

Mr, Jackson, who appoared for the accused, object id to tho statoinont, without evidonco,of the attomptreforrod to by the Bcrgeant, Constablo McGuinness deposed that ho arrested tho accused ontsido Pillin;;s' Hotel at a quarter past ton, At his npproich other men standing by cleared out. nonstable Flavoll was in his company. Tlio accused, Butler, was too drunk to get away, Ho could not stand, and would have fallen on tho footpath had he not been assisted. Constablo Flavoll gavo corrobor,.tivo ovidonce'

Mr. Jackaon: Would you say that ain ,n who can ehnd np, ask for a drink and p ,y (or it, is drunk? Mr. Mooro interrupted, What b the uso of asking a question liko that. Mr, Jackson: Sir Robert Stout says thai ti man who can do that is npt iliunli. Mr. Mooro: Well, I havo seen a man stand up and ask for a drink with boor ninning out of his month. Mr. Jackson: Well Sir Robert Stout is tho highest judicial authority in the colony, and suroly his opinion is of much weight as a constable's. Witness, after some futthcr discussion, said ho did not care what Sir Met S'out nail), the mm was druiilt, Sergeant Sheelian, in his evidence, stated that hemot llio two constable? ut about ft quarter past tsn on tho Wednesday evening, bringing tho accused, who was drunk and incipablo along with (hem. Ho had mot the accused somo hours earlier in tlib ovoning, and accused was then drunk, lie (witness) warned a local hoteliieeper that it would not bo right to allow the man on his licensed premises, At tlto hour slated, a quarter past ton, llio accused was taken to the police station, About 10 minutes to 12 o'clock that night Dr Sinter, at the request of somo of accused's friends, caino to tho cell and examined accused, rlo (accusod) was awakened by tho uoiso mado by the drawing of bolls, Ho experienced some difficulty in rising to his foot, showing signs of liquor. Mr Jackson, on opening his caso for the defence, said that ho did so with jvory eonlidotico that his cliont had a perfect right to defend himself if ho considered hu was not. drunk. Counsel contended that the consUblo in making tho arr:st, was as liabloto makoa misUke as anybody else. ,-8W... William Butler, tho accused, examined by Mr, Jackson, said that ho was charged on Wednesday last with being drunk. On that day he had bcon paid wages on belnlf of himsolf and mates, After sharing tho money ho spent tho greater part of the day in tho town, Ho had nad several drinks in tho hotels, 110 had a final drink with somo companians at a fow minutes to 10 o'clock, Ho then came out into tho street and was going homo, when Constables MeGuinncss and Flavell arrested him, and took him oil to the Police Station. Ono of the constables said ho was dtunk, which bo (witness) denied. In reply to a question as to the removal ol his coat and vesi, and his inability to count, his money, witness said, " They wero all at my pockets at one time," Cross-examined by Sergeant Shcchan: He admittod ho was a bit drunk at halfpast five o'clock in the afternoon, and vas accompanied by his companions across tho street. It was not a fact that ho was helplessly drunk. Ho.hadnovor been interfered wilh beforo by the constables. Asked by tho Bench how ho would defino when a man was drunk, witness roplicd, " I reckon when a man is properly drunk ho should be lying down" Dr Slater, examined by Mr Jackson, said ho saw the accusod at 10 minutes to 12 o'clock at night, Jk found tho accused sober, Ho had been in practice for 15 years, and drunkenness had frequently come under bis nolie\ Ho put accused through so.ue tests, including walking on a s might lino, and pronouncing '• too-ra-roo-rnl," Ho could not havo been very drunk at a quarter-past ten o'clock, No man in a \cry drunken condition could sober up in the time and say," too-ra-roo-ral."

Cross-examined by Sergeant: His Mason for slating that the man was not drunk at a quarter past 10 o'clock was because an hoiu.and thh ty-livo minutes afterwards ho was able to walk perfectly straight and prononnco that most dillieul't combination of words, "too-ra-roorol." A man under tho intluonco of liquors could not possibly say "too-ro-ioou'al," Even if ho had bad ono drink ho would oxpononco difficulty in pronouncing " too-ra-roo-ral." Tli3 Sergeant: Was not thcro a strong smell of alcohol in tho ceil when you camo in?

Witness: Yes, but you forget that there was another occupant of iho cell, (Langtor,)

Sorgoant: Is that tho only teat you havo for drnnkonoss, to walk tliroo paces straight and prononnco that word ?

Winicsn: Yea; that is a good test, Mr Gilinouf: I'vo seen ut man quit? drunk and livo mimic* aficwnrds ho wan Kobcr. Ho toll inlu tomo water. I (Laughter). lloihort lirnnlon. cxa-uincJ by Mr Jackson, said thai when accused emuo homo at 5.80 on Wednesday ovening ho was under ilio inlluonc! of drink, He did not leave tlio house again tilllUJO, Ho was then sober. Hy the Sergeant: To tho boat of his knowledge tho accusod did not bring any drink into tho house. William Edwards, examined by Mr Jackson, said: Ho was with Duller'at the lime of his nrrcsl, Ho considered thai liutler wus sober. Ho was ono of llioso who wont for tho doctor, bocauso bo thought it whs nn injustice to lock the accused up, By (he Sorgoniit: He was qnito sober. Ho (witness) had not been interfered with by tho police, His delay in getting a doctor was caused by his trouble in finding one.

Patrick Garvoy, examined by Mr Jackson, deposed that ho was in tho street on tho oyeuing that Butler was arresled, Butler was between tho two constables, and was walking steadily onough. Ho did not seo him boforo tho police arrested him.

I[i! was not in n position to swear that ho Wit-; ili link or not drunk. Arthur Bryant, examined by MrJuekgoo, said that Butler was sober, ami alter ho had boen arrosiod ho nsked tno sergeant why Bntlor was "run in," and learning that it was for drunkonness asked if thoy could set a doctor to oxamino him. Ho (witness) went tmd sr.w Mr Slovin, who agrood to go with him to tho lock-up, with a doctor Daniel Perry, examiuod by Mr Jackson, said that ho ronjernbercd tho night that Butler was arrosted. He did not think lie was drunk. Ho saw McQinness arrest Butler. This conoludod tho ovidenco, The Benco said that there had been a lot of conflicting ovidonce, and they would give tho benefit of the doubt to tho defendant anil dismiss the c iso.