A CHARGE DISMISSED

Daily Telegraph (Napier), Volume 58, Issue 259, 3 December 1929, Page 2

A CHARGE DISMISSED

IN AWATOTO COLLLSION CASE. CONYICTIOX FOR XEGLIGEXT DRIVING. DRIYER EXOXERATED OX IXTOXICATIOX CHARGE.

After hearing lengtliy evidence, as publislied in our issue* of yesterday, Mr A. M. Mowlem, S.M.. dismissed a charge of being intoxicated while in charge of a car against Kenneth James Gould (Mr J. Mason) in the Napier Police Court yesterday afternoon, hut convicted the defendant on a charge of negligent driviug. The case for tlie defence was continued yesterday afternoon. Richard Francis Aldridge, wlio arrived on the scene of the aceidcnt iinmediately afterwards, stat-ed that he saw no signs of liquor at all on Gould, nor could he smell liquor in his breath. William George Ross, a passenger on the bus struck, stated that he saw no signs of intoxication in Gould's actions .after tlie accident, This concluded the case for the defence. His Worship connnented that generally the who'e conduct of the defendant after the accident, pointed to tlie fact that he had liad drink. Tlie defendant himself adjpitted "Jiaying -ftwe small. whiskies— all whiskies were small wlien spoken of in the Court. He did not need to find that tlie defendant was drunk. All he liad to do was to find whetlier it had been provod that defendant was in a state of intoxication. That defendant had done some foolish tliings was perfectlv plain. hut at tlie same time there was a cloud in his mind in respect to this charge and defendant was entitled to the benefit of tlie doubt. Tlie charge woilM he dismissed. Taking all the facts into consideration, however. tlie Magistrate was satisfied that defendant had failed to take reasonable care, and there was notliing hut to convict him of negligent driving. A oonviction and a fiue of £o, . costs £1 3s, was accordingly eutered on Ihe negligent. driving charge. the Magistrate making an order that the oonviction he endorsed on his driving license.*