The Bergen Record/1935/Cud Of Tobacco New Factor In Lindauer Case

Cud Of Tobacco New Factor In Lindauer Case. '''Man Charged With Drunken Driving, Says He Chews Regularly. Not To Kill Odor.''' A wad of chewing tobacco and its presence in or absence from the mouth of Grover C. Lindauer, 509 Queen Anne Road, Teaneck, at 7 o'clock on the night of August 5, may prove the decisive factor in a drunk driving case against him. The case was heard last night before Recorder A. August Belmonte of Bogota. It will be continued August 27. Two charges were brought against Lindauer, drunken driving and failure to stop when signalled, but testimony was heard only on the first charge last night. From the testimony received last night, it appeared that the question of whether Lindauer was chewing tobacco when he was arrested, or whether he procured a cud later to conceal alcohol on his breath, would have considerable weight in reaching the decision. Lindauer was arrested August 6 by Acting Police Chief Hugh McCracken. Lindauer was driving west on Fort Lee Road and McCracken was coming out of Palisade Avenue. As Lindauer's car went past, McCracken saw a man on the running board, later identified as Arnold Olson of 48 Forest Avenue, Teaneck. Olson signalled McCracken to stop Lindauer, and McCracken blew his whistle and siren and started in pursuit. He forced Lindauer over to the side of the road and took both Lindauer and Olson to the police station. Olson claimed that Lindauer had struck the back of his car, parked on Queen Anne Road, Teaneck, and had tried to drive away from the accident. Examined By Doctors. Three doctors examined Lindauer for drunkenness. One at 7:30, one at 9, and one at 9:20 o'clock. The first pronounced him unfit to drive, the second found him fit to drive. In his testimony last night, McCracken repeated the story he wrote on the police blotter, said he believed Lindauer unfit to drive when arrested, stated that he staggered, talked very loud, and that he smelled alcohol on Lindauer's breath. Dr. Charles Tudor of Palisade Avenue, Bogota, the first physician to examine Lindauer, reported that he had conducted the regular tests and found Lindauer unfit to drive. Cross questioned by John Waldron, Teaneck attorney for Lindauer, Tudor said that he believed under the circumstances Lindauer could have recovered sufficiently in the hour and a half which elapsed between his first and second examinations to be considered fit to drive when the second examination was taken. Lindauer testified that he had been in New York, had three beers, stopped in Teaneck to get a newspaper, struck Olson's car slightly when starting up. He said that he had driven around the block and back to Olson's car, and that Olson had jumped on his car, threatened him, used abusive language, and demanded immediate payment of damages. Lindauer testified he replied that he had insurance and would pay later, but that Olson persisted and hung to the running board while Lindauer proceeded toward Hackensack. Testimony of Edward Milchesny, 293 Queen Anne Road, a witness, corroborated Lindauer's version. Lindauer maintained he was not drunk, and Milchesky testified that he "looked all right." Questioning by Waldron brought out that Lindauer was not well and was subject to nervous disorders. Claim He Was Fit. Dr. Richard Dulsberg of 566 Garrison Avenue. Teaneck, who examined Lindauer at 9 p.m., and Dr. Arthur W. Pindar of 627 Queen Anne Road, Teaneck, who examined him at 9:20, both testified he was fit to drive. They both stated that had he been unfit to drive at 7:30 he probably could not have cleared up by 9 or 9:20 to the condition in which they found him. Neither smelled alcohol on his breath, and Pindar said he thought Lindauer had tobacco in his mouth. At this point the tobacco question was raised, with McCracken maintaining that when he arrested Lindauer he had no tobacco in his mouth. He claimed that Lindauer had gotten the tobacco when he drove home and back to the police station, accompanied by an officer, which he was permitted to do by McCracken. Lindauer claimed that for 15 years he had been in the habit of keeping a wad of tobacco in his mouth from the time he got up in the morning until he went to bed, and that he had a wad in its accustomed spot when arrested, denying that he had procured it while at home to conceal the alcohol on his breath. Tudor said he had noticed neither the absence nor the presence of tobacco on Lindauer's breath when he examined him. Dr. Frank A. Patti of 301 Broad Avenue, Leonia, Lindauer's family physician, gave general testimony as to Lindauer's nervous and excitable temperament as tending to show that he might have acted intoxicated simply under the stress of circumstances. Belmonte then continued the case for two weeks and ordered a bench warrant issued for Olson, principal witness. Belmonte was assisted in conducting the case by Emil Wulster, Hackensack attorney, who acted in an advisory capacity. A breach of the public peace complaint, brought by Mrs. Christine Gimelnder of River Road, Bogota, against Mrs. Edna Calhoun, also of River Road, Bogota, was dismissed upon motion of Abraham L. Rosenberg, Mrs. Calhoun's attorney. Rosenberg maintained that testimony was hearsay and inadequate.