Herbert John LIMMER [12382]

   Another name for Herbert was Jack LIMMER.

  General Notes:

Manjimup and Warren Times (WA : 1927 - 1954) Thu 21 Apr 1938 Page 2
DRUNKEN DRIVING
DRUNKEN DRIVING
£5 FINE IMPOSED
In the Manjimup Police Court on Thursday of last week Herbert John Limmer was charged with having on April 13 at Manjimup driven a motor vehicle along Giblett-street while under the influence of liquor to such an extent to be. incapable of having proper control of the vehicle.

Messrs. J. Barrie and W. Johnston J's.P., occupied the Bench. Mr. E. L. Seymour appeared for the defendant.
A plea of not guilty was entered. Arthur Murray, police constable, of Manjimup, said at about 9 a.m. on the day in question he was standing in Giblett-street when he saw defendant driving his utility in a southerly direction. He was well over on the correct side of the road looking from one side to the other but did not appear to see anything or anyone. He crossed over Brockman-street and almost passed the turn into the railway station but turned suddenly into the railway yards. Witness went to the railway yard and saw defendant behind the steering wheel. Witness spoke to Limmer whose eyes were bleary and his speech thick and blurred.

Witness told him he wanted to see him at the Police Station and asked Limmer to shift over as witness said he wished to drive. The accused continually wanted to shake hands with witness. The constable drove the utility to the station and as defendant got out of the vehicle he staggered. When walking to the office he was unsteady on his feet and his breath was strong with liquor.

At the police station he was very emotional, alternately laughing and crying, and would then scold and plead. When told that he was arrested he became hostile and abusive. He was placed- in gaol and sobered considerably afterwards. At the constable's suggestion he was visited by a doctor. He continually asked what the charge was and when being told would ask Why did you do that?" He was admitted to bail shortly after noon and again asked what was the charge. He was told that witness drove the utility but defendant maintained he drove it.

When arrested he was under the influence of drink to such an extent as to be incapable of proper control of motor vehicle.
In answer to a question from the Bench Constable Murray said the traffic' was not heavy. The Doctor visited accused at about 10.30 a.m. John Pedler, medical practitioner, said he visited accused in gaol about 10.30 a.m. on Wednesday. He examined accused and formed the opinion that he was quite capable of controlling a vehicle at the time of his examination.

Questioned by Constable Murray the Doctor said accused's breath smelt of stale alcohol but would not like to express an opinion as to his condition an hour previously.

Herbert John Limmer, manager of Michelides' tobacco plantation in Manjimup said he rose at 6.30 a.m. He dressed with the exception of collar and tie and put on his overcoat. At 6.40 a.m. he drove his truck to see Mr. W- Hanrahan to ask him to remove his stock from his paddocks. He left Hanrahan at 7 a.m. and went home.
On the way home he saw his foreman in the stable and waved to him At the house he had some tea and his foreman arrived about 8 a.m. to discuss the day's work. They remained about 20 minutes. Witness completed his dressing and about 8.30 a.m. left for town for the purpose of visiting the station. He corroborated Constable Murray's evidence except as to his condition. At the time witness said he definitely was not under the influence of liquor but was not physically well owing to work and worry. He had been working about 16 hours a day since December and almost every night in the week was attending functions in connection with the popular girl competition in which he was directly interested. He had nothing-to drink that morning since rising. The previous night he had been to an evening where he had some drink. He went to bed after the party at about 1.30a.m.

Questioned by Constable Murray witness said he was in bed at about 4.30 a.m. He did not visit a man in Manjimup at this time.

John Moore, foreman at Michelides, said at 7 a.m. he saw Limmer on April 13. He saw him again later in the morning at about 7.50 a.m. at his house. They discussed routine work and his condition was quite normal. Accused had no drink in his presence. He agreed that Limmer had been working 16 hours a day and more on occasions. William Hanrahan, foreman at Deanmill and farmer, said Limmer called at his place at 6.40 a.m. when he asked witness to take his stock from paddocks where he previously pastured them. He left witness just before 7 a.m. and did not notice anything unusual about Limmer's condition. There was no drink consumed.
Counsel for defence said that defendant was not under the influence of liquor but his condition was due to physical exhaustion. There was no evidence of dangerous driving and no collision. He asked for a dismissal.

After a short retirement the Bench found the accused guilty and imposed a fine of £5 with 2/6 costs in default of 15 days imprisonment. The Bench would not comply to the request for the cancellation of accused's driver's license and the second charge was withdrawn by the Police.

Herbert married Gladys May FANNON [12387] [MRIN: 4285] in 1916 in , WA, Australia. (Gladys May FANNON [12387] died in 1954.)