South Yorkshire Times November 15, 1947
Conisbrough Man To Appeal
A “Borderline” Case
When a Conisbough company director, Harry Appleyard (51), of March Street, was fined £10 and had his licence suspended for12 months by Doncaster West Riding magistrate on Tuesday for being in charge of a motor-car while under the influence of drink, Dr. T. Lindsay (Mexborough), who examined Appleyard, stated that it was ‘a borderline case.’
Mr. G. F. Leslie, defending, indicated that there would possibly be an appeal, and yesterday notice of appeal was given.
According to Mr. R. C. Linney, prosecuting on Tuesday, some police officers were removing a car, which they concluded had been abandoned in Garden Street, Mexborough, twenty minutes after midnight on October 16th, when Appleyard approached and when asked if he was the driver, said. “Of course I am.”
The prosecution alleged that Appleyard had to be supported, was unsteady on his feet, and his speech was thick and slurred.
Dr. Lindsay at 1 a.m, confirmed the opinion of the police ‘that Apple-yard was under the influence of drink, said Mr. Linney.
Mr Linney went on to say that when at Appleyard’s request Dr. Bell of Conisbrough, examined him at 1.55 a.m., Appleyard had pretty well recovered and had he been in that condition when the police saw him there would have been no question of him being arrested
Dr. Lindsay stated that by the time Appleyard was examined by Dr. Bell he was quite sober and fit to drive a car.
Not “In Charge” Submission.
Mr. Leslie submitted that the prosecution had not made out that Appleyard was in charge of the car. “This car was being driven away by the police, and while it was being driven away the man was under arrest,” said Mr. Leslie.
He submitted that Appleyard was not in charge of the car.
Dr. Bell, in evidence for the defence said that if Appleyard had been drunk 1 hour earlier he would have expected to have been able to find some physical symptoms, but he could not.
Appleyard said during the evening he had three sherries, and three half-pints of bitter beer. He was “perfectly sober” when he went for his car, and he was confident that he was capable of driving.