For the defence, P, 8. Hill said that defendant come to Bubbling Well Police Station 15 minutes after the telephone message was received, He gave a very clear account of the accident, saying that a wheelbarrow swerved across him. He was perfectly clear and coherent, Witness told him that a foreigner' had eom-Plained that he was drunk and fondant said that he was prepared to be examined by a doctor, Witness anid he did not think that was necessary as in his opinion defendant was quite capable of hand-Hing the ear.
Sub-Inspr, Hotchkiss said that defendant was quite sober when witness saw him at 6.40 am. could not even say that defendant had been drinking, Defendant, on oath, said that on the evening before the accident he was out with a party and left them about 1.80 a.m, He went home, but could not sleep, so he went for a drive. He had a bottle of beer and arrived at La Gaité.at 5 am. There he had one drink and some sandwiches. During the whole evening he had only five bottles of beer, and no spirits whatever.
When he was leaving the cafe, a indy asked him for a lift and he took her in the car. He was driv. ing at about 15 miles per hour and in Yuyuen Road he eased up to let car pass him. Then a wheelbarrow dodged across the road and he was unable to pull the wheel back sufficiently quickly, He had only passed the police driving test 'a week before and he had riot had the necessary experience in such an emergency. Whn his car ran into Ted "a night-hawk - rushing the fence, Mr. Pade came out, cal-about like the Flying—Scotsmet and said that he was going to put a stop to it. Witness saw him the next day and apologized, Cross-examined—An egg-cup of beer would make a man's breath smell. He did not tell anyone that the lady grabbed the wheel. She Put out her arm to do so und that made him excited, but she did not touch the wheel. The car's extreme Timit of speed was 30 miles per The Magistrate—Assuming you were not drunk, and assuming everything else was in your favour, if you were only driving at 15 miles
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