JAMES HENRY DAY.
10th January 1911
Reference Numbert19110110-52
VerdictsNot Guilty > directed; Not Guilty > directed; Not Guilty > unknown

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DAY, James Henry (37, cycle maker) , unlawfully and maliciously inflicting grievous bodily harm upon Katherine Furze; second count, being in charge of a motor car, unlawfully, by wanton and furious driving, causing certain bodily harm to the same person; third count, being in charge of a motor car, by wilful misconduct causing grievous bodily harm to the same person; fourth count, being in charge of a motor car, by wilful neglect, causing grievous bodily harm to the same person.

Mr. Muir, Mr. Leycester, and Mr. Oddie prosecuted; Mr. G. H. Jones defended.

GEORGE HUMPHREYS , artist, formerly in the police force, produced and proved plans of the locality of Chatsworth Road, Millfields Road, and Powerscroft Road, Clapton.

KATHERINE FURZE , wife of Edward Furze, tramcar washer, L.C.C. About 10.40 p.m. on September 10, I was on the kerb outside the baker's shop, 182, Chatsworth Road, with a mailcart, in which I had my baby, six months old. Without looking to see if anything was coming I went to cross to Mutton's corner; the road seemed clear and I heard nothing. When I had got about 2 1/2 yards into the road I

happened to turn round, when I saw a motor almost on top of me; it was coming from the market place. I tried to push my baby out of the way. I was knocked down by the front of the middle part. I cannot say whether the wheels went over me. I heard no warning. I partially lost consciousness and recovered when in the ambulance. I was in the hospital eight weeks. I feel pretty right now.

Cross-examined. I think the car was outside No. 174 or 176 when I first saw it—three or four shops away. It was coming very fast. I do not remember hearing the engine making a noise. It was on the offside, but not close to the kerb; as it got nearer to me it turned more towards the offside. I had no time to step back to avoid it. I pushed the mailcart away from me.

JOHN JOSEPH GORDON , medical superintendent, Hackney Infirmary. At 11 p.m. on September 10 Furze was brought into the ward in a collapsed condition. She was suffering from concussion of the brain, dislocation of the hip, two ribs were fractured, and she had various wounds and abrasions. For three days she was in great danger. She is practically well now. She was in the hospital eight weeks. The baby was not injured; it has since died from causes nothing to do with the accident.

Cross-examined. In my opinion the wheels did not pass over her Or she would have been more seriously injured.

ABRAHAM BARNETT , fish salesman, 77, Chatsworth Road. Between 10.30 and 10.45 p.m. on September 10 I was standing by our stall, which is in the road outside No. 77, when I saw a car coming down the hill and going in the direction of Millfields Road; my attention was drawn to it owing to the speed at which it was going—between 16 and 20 miles an hour. I did not notice who was driving it, as it was going so fast. It was on its right side and passed about six feet from my stall.

Cross-examined. There are stalls each side of the road just there. I heard no horn or whistle sounded.

JOSEPH BOULTON , hardware merchant, 130, Chatsworth Road. On the night of September 10 I was serving a customer, when I looked up the road and saw a lot of dust, then all at once a motor-car appeared, it was 20 to 30 yards from me. It passed me at a terrific pace. I then heard a scream. I did not notice any whistle or horn sounded.

Cross-examined. It was coming down the middle of the road. It made a tremendous noise, and I could hear it a very long way off.

EDWARD KILBEY , grocer, 132, Chatsworth Road. About 10.40 p.m. on September 10 I was standing on the step of my shop when I heard a motor approaching from the direction of Homerton 30 yards up the hill. When I saw it it was slightly to the near side and travelling at a very fast rate indeed—about 25 miles an hour. My wife was about to cross the road from the other side, and I called out to her. I did not see any other traffic. I heard no horn sounded—there was no sound whatever.

Cross-examined. It passed me so quickly that I could not see how many were in it. There were not many pedestrians about. There

are a good many people about on market nights, but most of them are farther up the road. I watched the car for about 30 yards. I am a commercial traveller and am always using vehicles and I can tell pretty well the speed at which they are going. I never remember a car going down a hill at the speed this one did. It made a noise similar to that made by a car going at an excessive speed. I was only partially influenced by this fact in estimating the speed.

SOPHIE KILBEY , wife of last witness. About 10.30 p.m. on September 10 I was on the kerb opposite my shop, No. 132, outside No. 101, about to cross the road, when I saw a car coming from Homerton, about 12 yards up the hill, and I waited for it to pass. It put me in mind of an express train going through a station. I heard no horn. It was making a terrible lot of dust, and was near the centre of the road.

Cross-examined. It was making a great noise. I heard it before I saw it. It could not have made all that noise unless it was going very fast. I did not watch it after it had passed me. It whizzed by like lightning—almost like a bullet from a rifle.

CATHERINE JOHNSTON . About 10.40 p.m. on September 10 I was walking up Chatsworth Road in the direction of Homerton on the right-hand pavement. I had got outside No. 129, when I saw a motor coming down the road. I stood still and watched it. It was towards the middle of the road and it passed me at a great speed. It then bent towards the off-side of the road. I had a presentiment that there would be an accident. I did not look round after the car passed me. I heard a scream and I looked round and saw the woman in the road. I then went up to the car and saw prisoner. I told him he was a cruel man to drive a car down a market-place at such a furious rate, and that he might have known he would have killed somebody. He never answered me.

Cross-examined. I did not hear the car before I saw it. I did not notice what noise it was making as it passed me. I said at the time that the driver was not drunk and I still say so. He looked dazed. I did not notice any brake near Powerscroft Road. I have never seen a car that gave me such a shock as this one did.

(Monday, January 16.)

ALBERT ELLIS , motor-cycle engineer, 65, Hove Avenue, Camden Road. I was in No. 137, Chatsworth Road at 10.45 p.m. on September 10, when a car came by at such a terrific speed that I ran out, as I expected there would be an accident, it being such a busy thoroughfare. When I got outside I saw a woman on the ground. I went to look at the car, which was then at a standstill at the point marked A on the plan. I then went and looked at the wheel marks, which were quite distinct. (The witness marked on the plan the route.) I am accustomed to drive motor cycles and can give rough estimates of speeds. The car was travelling at between 30 and 40 miles an hour when it passed the door—it was going very fast. I did not hear any horn or whistle sounded.

Cross-examined. I was then and am now out of work. I lost my last job a week before this through slackness of trade; I was employed on and off at this No. 137 repairing motor cycles at the rate of 5s. a day; I have been more off than on. I do not profess to be an expert. I have never driven a car. It is a very easy thing to be deceived in the speed of the car by a momentary glance. The engine was throbbing quickly and violently, but that was not what I based my estimate of the speed on. The noise drew my attention and I looked up and then it flashed past the shop window. I knew the driver had the exhaust cut out because of the noise; the silencer was not in use. In some cases this would cause smoke. Anybody who did not understand engines by hearing the continual banging that occurs when the exhaust cut is out would think that the car was going faster than it really was. The woman was lying out of the track of the wheels on the offside. I did not see her moved there. (The witness marked the spot on the plan.) I steered the car to the station afterwards. The brakes were jammed tight on. This is a 14-h.p. car. I do not know what a car of that horse-power and ten years old is capable of doing. I did not notice any brake in Powers-croft Road, nor a knot of people at the corner of that road and Chats-worth Road.

Re-examined. One of the reasons I have been out of work is that I have been in hospital eight days and since then I have been ill. If a car is heavily laden it would go faster down hill. I do not know that one of the reasons the exhaust is taken out is to increase the speed of the car. It cools the engine. The noise is principally heard at the back.

SIDNEY ARCHIBALD BEASLEY , stock-keeper, Connaught House, Powers-croft Road. About 10.50 p.m. on September 10 I was walking up Chatsworth Road on the right side going towards Homerton, and had just reached the open land by the mission hall when I saw a motor about 40 or 50 yards from me. It passed me nearer to its off-side, travelling at an exceedingly fast rate. I was with several others. There was nothing in the way to cause him to go on to his wrong side. I heard no horn sounded. I heard a scream behind me, and I turned round and saw at the junction of the road a bassinette upturned. A woman was coming from underneath the car as though the car had gone right over her and dragged her. She was in the middle of Chats-worth Road, a little nearer the baker's shop. The car was at a standstill at the point A on the plan. The prisoner was leaning on the car and appeared to be drunk. The people inside had got out when I got there.

Cross-examined. None of the others who were with me are here as witnesses. They live in the neighbourhood as well as I. I do not think the police has been to them to give evidence. We were all looking in the same direction. The police came to me three weeks after the accident. I can give the names of two of my friends, but I do not know their addresses. Previously to this we had been to Mutton's, a restaurant where they do not sell intoxicants, and before that we had been for a walk. The car was making a quick, throbbing

noise. It was about opposite No. 127 when I first saw it. The rate was more than usual down a public thoroughfare. It was on its wrong side when it passed us. It then swerved to the offside rather sooner than is indicated by the line drawn by Ellis on the plan—about opposite No. 174. All the people in the car had got out when I got there. I did not speak to prisoner. He was leaning on the fron t of the car. When I got near him he smelt strongly of drink, and when he went to go to the policeman he looked to me to be drunk. The lady who spoke to him was close beside me; I had been closer to him before she came up. I think she gave her name as Mrs. Lee. I did not hear that Mrs. Johnson spoke to him. I never touch drink myself. He was my idea of a drunken man. He did not roll about, but he was unsteady. He appeared dazed, which was one of the things that made me think he was drunk. I cannot remember smelling any petrol. I noticed half-dozen young fellows talking on the pavement by the mission hall before the accident. I noticed no crowd in the roadway.

ALFRED BENNING , foreman, Metal Trading Company. About 10.40 p.m. I was standing by some railings by some open land on the near side going towards Millfields Road when I saw a woman leave the kerb opposite No. 182, on the other side, with a perambulator. She was about two yards from the kerb when a motor car flew past me. It made one sweep from the nearside to the offside, and struck her. It went past me like a flash of lightning and it was difficult to see whether before it made the sweep it was near the near-side kerb. I ran towards the motor and saw the mailcart overturned with the baby, which I handed to a woman. I could not see the woman at first. The crowd holloaed, "Where is the woman?" and I ran towards the motor. I saw her coming from underneath the car, which was still in motion. Another man and I turned her over; she was bundled up like a ball. On the policeman coming up I left her and went to the car, which was standing at the point marked "A" on the plan. Prisoner was leaning against the car on the near side with his head on his hand. He looked dazed and I thought he was drunk. I heard no horn or anything whatever sounded before the accident. It was going as fast as the train I generally go home in—between 25 and 30 miles an hour.

Cross-examined. My wife was with me; she is not here. I was facing the baker's shop, standing still. When I first saw the car it was more in the middle of the road than anything else. It did not slacken speed as it swerved. There were not many people about at that end of the road, though at the other end where the market is it would be crowded. The road was clear of vehicles and pedestrians. I saw the car hit the woman. I did not exactly have a clear view, because when it swept across I was at the back of it. I could see, however, that it struck her with the offside front wheel; my line of vision was not obstructed by the car turning. If the car had continued in a straight line it would have struck nothing. (The witness drew on t he plan a line representing that followed by the car.) I did not notice a brake standing in Powerscroft Road. There may have been

a few people about before the accident; it was afterwards that the crowd collected.

ALBERT WESTOBY , porter, 13, Elderfield Road. About 10.45 p.m. on September 10 I was standing about 20 yards from the baker's shop on the same side looking in the direction of Homerton, when I heard a sort of throbbing noise and shouting as well. I looked round and saw a car coming down the hill from Homerton about the middle of the road. When it passed me it was going at an unusual pace. Just before it got to me it swerved to the side where I was standing and went into a woman who was with a mailcart about three yards in the road. I saw nothing in the way on the driver's left-hand side. I ran and saw the baby picked up and the woman laying on her back in the road. I went up to the car and saw prisoner leaning up against it. I could not say whether he was drunk or not, but he smelt strongly of liquor and looked dazed. I did not hear any warning given.

Cross-examined. The car was about 30 yards away when I first saw it. As it passed me it did not make any noise at all except for the sound of the wheels. When it swerved it slackened speed a little. The car stopped within about 15 yards from where the woman was picked up; it only stopped once. There were not many people about just before the accident. I was about a foot away from prisoner, standing by a lady who spoke to him. I did not speak to him.

PETER GIRMER , baker. At 10.45 p.m. on September 10 I was standing at the corner of Millfields Road and Powerscroft Road, opposite No. 182, looking towards the fields, when I heard the throb of a motor. I looked round and saw a motor coming down the hill; it had reached Elderfield Road. It was coming rather fast and kicking up a dust. It was in the middle of the road, but when it got towards the baker's shop it seemed to go to the offside of the road. It then ran into a woman, who was with a mailcart about three yards from the kerb. There was nothing in the motor's way but her. I saw the bonnet of the car knock her down, and the offside wheel went over her. She seemed rolled up as though in a bundle. The car came to a stop within about 15 yards. I went up and saw prisoner alighting from it. He seemed "bleary-eyed"; he did not seem sober.

Cross-examined. The woman appeared to notice the motor car and she tried to get back on to the pavement. She pushed the mailcart away from her. I cannot say whether if she had not done this there would have been no accident. I did not notice any people walking about the road just there before the accident. I did not notice prisoner switch off the engine after he got down. His eyes were not as bright as ordinary eyes. I was quite near him.

GEORGE BILLSON , 17, factory assistant, 100, Lea Bridge Road, Clapton. Shortly before 11 p.m. on September 10 I was standing looking in at this baker's shop at the corner with my brother, when I heard a noise. I looked round and saw a car coming down about 200 yards up the hill. It was going very fast; I have never seen a motor go so fast down a main road. It was in the middle of the road and when it

got pretty close it turned off to its wrong side. I did not see it knock the woman down. After the accident I went up to the car and saw prisoner standing by the side of it. He was holding on and staggering slightly. He smelt strongly of drink. I formed the opinion that he was drunk. His face seemed rather sleepy.

Cross-examined. When I saw the woman she was lying on her back. I saw the bassinette taken off by a policeman; it was bent in two. I did not see prisoner switch off the engine. When it swerved it seemed to get faster as though uncontrolled. I did not speak to prisoner.

ALFRED BILLSON , 14, brother of George Billson, gave evidence to the like effect, and added there was nothing in the way of the car to cause it to swerve. It was going very quick. When I got up to the car prisoner was sitting in it. He then got down staggering a little. He swaggered slightly when he had got down. He smelt of strong drink.

Cross-examined. I went with my brother to the police station the same night. I have not been talking to him about the case. The car was making a great noise. I noticed a number of people on the opposite side of the road, but no brake. It did not slacken speed when it swerved. Prisoner got out on the left-hand side of the car. I do not remember his helping the people out. I did not see him switch off the engine.

Police-constable WILLIAM SHORTER, 254 J. Shortly before 11 p.m. on September 10 I was standing outside the urinal at the junction of Millfields Road and Chatsworth Road, from where I could see nearly up to Elderfield Road. I saw a motor coming down the hill about 40 yards away, slightly on its wrong side and going from 20 to 25 miles an hour. I heard no horn sounded. Without any reason at all it went right over to the offside; there was nothing in the road. I saw the woman step off the kerb with a mailcart. She had got seven feet into the road when the bonnet of the car struck her. I ran into the road and cried, "I am a police officer in plain clothes. Pull up." He pulled up in about 25 yards, the brakes being jammed on. I told him to get out of the car and get the others out. At the time I saw only four in the car. I also told him to take the woman to the hospital. He got out, and as he came round I noticed he staggered up against the car and put his back against it. I said, "You are drunk," and he made no reply. I handed him over to another constable and I took the woman to the infirmary. The road was in good condition and it was very light just at this point. A brake had passed a few minutes previous to my seeing the car, which went up Powerscroft Road. I saw nothing of it when the accident occurred. I charged prisoner at the station with being drunk whilst in charge of a motor car, and he made no reply. He was further charged with causing grievous bodily harm and he made no reply. He had then been examined by the divisional surgeon. This was about an hour after the accident. I would not allow him to take the woman to the hospital in the car as I did not consider him capable of driving it.

Cross-examined. I was on special to detect rowdyism, and was just going off duty when I saw the car. It never slackened speed until after the accident. She had no time to step back and she did not push the mailcart away from her. I should say the middle of the front part struck her. The mailcart was picked up on the near side out of the track of the car. The woman was pushed up about nine feet from where the car struck her, and knocked her into the middle of the road. When I stopped prisoner he did not suggest drawing up to the side of the road to get out of the traffic. He did not offer to take the woman to the hospital, and did not deny being drunk. He did not switch off the engine and turn the petrol off. Getting out on the offside he put his hand on something on. the wheel and got down. He rolled up against the car, and then put his back to it. I took three names and addresses. Prisoner did not ask to have an independent doctor to examine him and he was not told that it did not matter. Police-constable WALTER CARRETT, 342 J. I was with Shorter on this night when I saw the car approaching from about 30 yards away. It was more to the centre of the road, but, as it got nearer, it went on its offside. About the middle of the front struck the woman. I saw, nothing to account for it going on its wrong side; there were very few people about. A brake had passed about seven minutes before and gone up Powerscroft Road. I heard no hooter sounded. It was going rather fast—too fast for the London streets—more than 20 miles an hour. The woman was lying two yards from the pavement, and I fetched a doctor. I think the car must have gone over her. I took prisoner to the station. He was the worse for drink; he smelt of drink and was unsteady in his gait. He said, "Is she dead?" and I said "No." He said, "I should not wonder if she was—I went clean over her." This was almost at the station. When charged he made no reply. He was examined by the divisional surgeon. He did not request an independent doctor in my hearing.

Cross-examined. He did not seem surprised when charged with being drunk. I did not notice the car slacken speed when it turned to its offside. It seemed to come at a terrific rate; I could tell that by the amount of dust it was causing. I should not like to say it was not going 40 miles an hour—very much like a flash of lightning. The woman had no chance to step back.

Inspector CHARLES ALLCORN. J Division. I was in charge of the Hackney Police Station at 11 p.m. on October 10. Carrett brought in prisoner, and said, "Shorter has handed him over to me for being drunk while in charge of a motor-car." Prisoner said nothing. I saw he was drunk, and called the divisional surgeon. His assistant arrived at about 11.20 p.m. After he had examined him he was charged with being drunk while in charge of a motor car, and further with causing grievous bodily harm to Katherine Furze, and he made no reply. No mention was made of having an independent doctor; if he had desired one I should have sent for one, who would have examined him with the divisional surgeon.

Cross-examined. He did not seem amazed when charged. He was certainly somewhat dazed, which was not surprising. The facts that

he smelt very strongly of drink, that he staggered, and that he was very husky in his speech, are inconsistent with his suffering only from shock. If he had had two whiskeys an hour before it would be possible for him to smell of drink. The fact that he had been driving a car all day might account for his huskiness. I did not suggest to him that he should have an independent doctor; it was not necessary.

To the Court. In charging him I acted upon the divisional surgeon's opinion.

Re-examined. I have very considerable experience of drunken men; I have been 23 years in the force.

JAMES TURTLE , M.R.C.S., L.R.C.P., acting divisional surgeon, J Division. At 11.30 I examined prisoner and came to the conclusion that he was still under the influence of alcohol. I reported it to the inspector. I consider that he was unfit to be in charge of a motor car. In my presence he never requested to be examined by an independent doctor.

Cross-examined. He did say he had had some drink an hour or two before. I did not ask him how much. I believe he said it was whiskey; that would account for his breath smelling. I did not express any opinion as to what I thought of his condition in his presence He was able to walk steadily then. One of the things which made me say he was under the effects of drink was that his pulse was rapid. I do not think the shock would account for that. Excitement would, but he was not excited; his mental capacity was dulled. Rapidity of pulse would occur when a man has run over anybody, but you would expect some other form of excitement as well. I do not think he realised his position. A person could not be excited and look dull at the same time. The reaction of his pupils was very sluggish. The pupils were not abnormally dilated, but I do not think this is one of the commonest signs of drink. Another symptom was the redness of his eyes. Driving all day, it is true, might cause diffusion, but it was some time after the accident that I saw him. Another symptom was that he was mentally dull—he was hardly dazed. I do not think he was overwhelmed, because he said when leaving me, "Does this mean transportation?" in a smiling manner. (At the request of Mr. Jones, opportunity was given for the Jury to examine the car.)

(Tuesday, January 17.)

The Recorder said that he did not think there was any evidence to go to the Jury on the first count and that he would withdraw it from the Jury.

Police-constable SHORTER (recalled, at the request of the Jury). There was no stepney wheel on the right-hand side of the car when I saw it, no spare tyre, and no iron to hold a stepney wheel. I did not do anything to see whether the horn was in proper condition A. ELLIS (recalled, at the request of the Jury). The hooter was in a proper condition when I steered the car to the station; anyone

could have heard it if it had been properly used. There was no spare tyre.

(Defence.)

JAMES HENEY DAY (prisoner, on oath), cycle-maker and motor-driver, 53, Weatherly Road, South Hackney. I have been in business about 16 years, and for the last five years I have had a motor-car, which I drive myself and let out for hire. My license is quite clean; I have not been in any sort of accident before. I was fined on one occasion for exceeding the speed limit in a country lane. At 11.30 a.m. on September 10 I took the car to Basinghall Street to get a new tyre. I met a friend and went to Short's, where I had one whisky and three sandwiches. After making some calls with him I went home, and my friend made an appointment with me, which I kept at 3 p.m. I drove him to his house, and from there to Ilford, where I had some cider and biscuits. I took him home, and went to my home and had some tea—no intoxicants. I was driving to my wife's parents' place when I met my wife and niece, whom I took to the parents' place. When there her mother and sister got into the car. I had nothing to drink there. I took them to "The Stag" public-house, Brooksby's Walk, where I had an appointment with a customer, Lee. I met him there, and had two three-pennyworths' of whisky. I did not drink it all. After staying half an hour, at 10.30 p.m., I got into the car, Mr. and Mrs. Lee joining us. I was taking them to the tram at Leabridge Road. There were nine of us now in the car. I backed the car down Homerton Grove into Brooksby's Walk without any mishap. Coming down Chatsworth Road, in the busy part, I drove in the middle of the road, going about two miles an hour. I had to stop two or three times as the crowd was so great. It is a Germain car, 14-16-h.p., and nine or ten years old. I had the exhaust-cut out as a warning, and I very frequently sounded the hooter. When past the market place I went from the lowest speed to the second, and from the second to the third. I never went more than eight miles an hour. Just by the open land at the foot there were five or six young fellows larking about on the near-side of the road, and to avoid them I turned to the right, and slackened speed by releasing the clutch. I first saw the woman five yards from me, near the middle of the road; she seemed to be saying good-bye to somebody. I blew the hooter and went to go behind her. She stepped back and pushed the perambulator forward. My near-side wheel struck her. I thought I had time to pass her, and if she had not stepped back I should have done so. I saw a brake in Powerscroft Road, but that was not what made me turn to the right. I pulled up as soon as I could, and asked the constable if I could pull into the kerb out of the line of traffic. I got out on the near-side and helped the people out of the car; I could not get out of the right side because there was a stepney wheel there; I never went out without one; there is a fixed iron ring on which the wheel is put. I offered to take the woman to the hospital, but Shorter said I was drunk. I did not say

anything to that as I did not want to make an argument. I then switched the engine off and turned off the petrol. I told the doctor at the station I had had some whisky. When I left him I thought he was going to say I was not drunk. I asked Inspector Allcorn if I could see a doctor of my own, and he said, "I do not think it is necessary." When Shorter came I was charged with being drunk. I was perfectly sober and able to take charge of the car.

Cross-examined. I could not have gone more than 12 or 14 miles an hour down this hill, crowded as the car was; the weight in the car would tend to expand the tyres and thus decrease the speed. Barnett is telling a falsehood; I do not know why. Boulton is also telling a falsehood. Kilbey has no idea of speed and is very unfair; he must be mistaken. When Mrs. Kilbey said she saw a terrific amount of dust she must have been looking at the smoke coming from the exhaust. All the witnesses are under the impression that the car was going fast because of the noise the engine made. I do not think Mrs. Johnston is telling the truth when she says the speed of the car gave her a turn. I do not think Ellis could tell the speed a car was going by looking at it through a shop window; he is quite wrong. All the 14 witnesses' evidence is wrong; I think it is public feeling against me because I knocked the woman down. Shorter standing in front of the car could not judge its speed. I do not think the witnesses noticed the crowd in the road. I did not think it necessary to stop when I saw the crowd. The witnesses did not hear the hooter because the noise of the cut-out drowned it. I blew my hooter to give extra warning. I suggest it was the woman's fault. I could not have pulled up in less than six yards at the pace I was going then—under eight miles an hour. I heard that the car struck the perambulator, and I cannot explain why it should have done so if the woman was struck by the left wing and she pushed the perambulator away from her. I did not stagger when I got off the car. I leant against it because I was upset. I had only had four intoxicating drinks all that day. I remember going with Hawkins into the "Royal Standard" at 4 p.m., but I only had a cider. I had a whisky at the "Sir Walter Scott." I had nothing to drink between 7 and 10 p.m. I remember now I went to "The Swan" after going to my wife's mother's, but though some of those in the car had whiskies I had nothing.

HORACE LEE (frame maker), 75, Columbia Road, Hackney. About 10 p.m. on September 10 I met prisoner at "The Stag." I have hired him from time to time to drive me about on his motor-car and was contemplating going with him to the Yarmouth races. He was quite sober. He had two three-pennyworths of whisky only. We left at 10.40. I sat beside him. He backed the car down Homerton Grove, a distance of 30 yards, perfectly well. He went through the market place, which was packed with people, at about four miles an hour, continually sounding his hooter and making plenty of noise, with the exhaust cut out. He did not stop at all. On leaving the market he did not go as fast as I can drive my gig. He kept nearly in the middle of the road, blowing his hooter when he saw anyone. The first intimation I had of his altering the direction of the car was

suddenly finding the car go to the right. I looked up and saw the woman in front of the car. I imagined the reason he turned to the right was because he wanted to try and pass her on the offside. I saw nobody in the road. She seemed to try and push the mailcart away from her and she was struck by the car. She stepped back because, I think, of the hooter. I should think it was the near side of the car which struck her. I got out of the car and went home with my wife. Prisoner appeared to me to be quite sober or I should not have gone in his car. He got out on the near side; it was impossible for him to get out on the offside, because of the wheel there. In my judgment he did his best to avoid the accident.

Cross-examined. I myself had two or three small Scotches. The car was going about eight miles an hour at the time of the accident. Prisoner was not talking to me at the time; that is a thing he never does when driving. If he had continued on in the middle of the road he would have knocked her down.

Re-examined. There were the ordinary number of people walking in the road and on the pavement at the time.

(Wednesday, January 18.)

J. H. DAY (recalled, further cross-examined). I was driving this same car when convicted at Sutton about August last year for exceeding the speed limit. I was timed for only one-eighth of a mile. It was alleged that I was travelling 26 miles an hour. It was not in the Sutton High Street; it was in a country road.

SIDNEY RAWSON , 26, Rodney Street. On the night of September 10 I was standing outside the baker's shop when I heard a horn blown four times, and I looked up the road. I saw a motor-car coming down. There was a brake lit up with lamps going up Powerscroft Road and this motor swerved to the offside to avoid it. The brake stood at the corner of Powerscroft Road for several minutes. I should think if the car had kept on along the middle of the road as it then was it would have gone into the brake. The brake was moving at the time, but was stationary afterwards. The car was going about 10 miles an hour—about as fast as every other motor I have seen coming down that hill. A woman was in the middle of the road. She did not seem to hear the horn blown until the car was right on top of her and then she pushed the perambulator forward and ran back. The car then knocked her down. The brakes were jammed on and it skidded. If she had not stepped back there would have been no accident. The car did not go over her. I was about nine yards from her when she was struck. I am no judge of whether a man is drunk or not, but when I saw prisoner he did not seem drunk to me; several persons spoke to him and he seemed to answer them all right. I did not go near enough to smell any drink. He did his best to avoid the accident.

Cross-examined. Anybody standing at that corner ought to have heard the horn blown. When I saw the brake it was standing outside the shop at the corner of Millfields Road and Powerscroft Road.

(Witness marked on the plan the spot.) It looked as if it were going up Powerscroft Road. It was going across the main road when the car came along. The wheels were locked six feet before the car got to the woman. I never noticed any sparks. It was going 10 miles an hour just before the wheels were locked.

ARTHUR CATT , chaffeur, employed by the Mayor of Hackney. I have been in my present situation four years, and I have 12 years' experience as a chaffeur. I know this district very well, and I know the car fairly well. I have known prisoner through being in business in Hackney. It is a noisy car, and a very heavy one for its horse-power. It is not capable of going 30 or 40 miles an hour. I have seen him driving it with the exhaust-cut out. It only increases the speed a very little, but it makes a noise, and gives a good warning. I do not think it would be possible for a man who is drunk to back his car 30 yards down Homerton Grove into Brooksby's Walk; it is only 18 ft. wide. I have never driven this car. It is seven or eight years old, which makes a great difference. You could not get more than 25 miles an hour out of it on its top-speed and 18 miles an hour on its third-speed. Having a big load in the car would not make much difference going down a hill, but, if anything, it would tend to make it go slower because of the increased friction on the tyres. Taking all the circumstances into account I do not think the car could have been driven at more than 20 miles an hour on this night. I have always known prisoner as a very careful and steady driver.

Cross-examined. He is a friend of mine. I have never seen inside the cylinders or driven the car, but I know most of the types. I have never driven a Germain car. I suppose my estimate of its top-speed is a guess. If you have the exhaust-cut out there is no necessity to use the horn. The cut-out is not always fixed behind; it is either at the side or in the front, and then the sound would be heard there. If you take your clutch out you throttle down the engine, and you do not hear the cut-out.

THEODORE CHAPMAN , retired manufacturer, member for South Hackney on L.C.C. I have known prisoner five or six years, and have found him always to be a most careful driver. This car seemed generally to make a great noise.

GEORGE HASEMER (member Hackney Borough Council), gave evidence to a similar effect.

ERNEST SLIGHT , printer, South Hackney. I have known prisoner for two years. His general reputation is that of a very steady man and a careful and clever driver. I met him at 10.30 p.m. at the "Stag." He was quite sober when he came in and when he left. I saw him back the car down Homerton Grove; he asked me to stand at the corner to see if anybody was coming.

Cross-examined. He did not have more than two drinks. He wanted to hurry away for something or other.

FLORENCE LEE , wife of Horace Lee. I met prisoner at "The Stagg" about 10.30 p.m. He was quite sober. I do not remember him having more than one drink. I sat on the left-hand side of the car, facing the driver. He backed the car down Homerton Grove quite all

right. The market place was very crowded, and he went very slowly and stopped occasionally. He blew both the whistle and the horn. He was going quite on the left side when he saw the woman, and then he turned to the right side. I noticed when he turnd that there were a few boys and girls, who were on the left as far as I could see; I could not see much because I had someone on my lap. The woman, who was in the middle of the road, hesitated and ran back. I did not see the collision. The pace at which he was travelling after leaving the market place was about the pace my husband drives his gig.

Cross-examined. We had not been to any public-house previous to going to "The Stag." I drank ginger ale, which is what I generally drink. I could only see to the left where I was sitting. Some of these boys and girls were on the pavement and some in the road. My husband had a better view than I. I saw no brake.

GLADYS WIGZELL . Prisoner is my uncle. On September 10 I was with my aunt and two cousins when we met him by accident near Lea Bridge Road, and we got into the car. We then called at grandmother's and she and my aunt came in the car. We went to "The Stag." I stopped in the car while they went inside. (The witness here gave similar evidence to that given by previous witness.) When he saw the woman he sounded the whistle and the hooter. She ran back and got knocked down. If she had not stepped back it would not have happened. I did not notice any people in the road at the time of the accident. Prisoner was quite sober.

Cross-examined. I was sitting at the back on my grandmother's knee. The car has a glass screen on it. (Subsequently recalled, she stated that she did not know whether the screen was on the car on this occasion.)

FREDERICK CHARLES CARTER , clerk, 83a, Clifden Road, Chatsworth Road. I am unknown to prisoner. I was standing just outside the urinal when I saw a motor coming down the hill 15 yards from me. I did not hear any hooter. A woman who was pushing a mail-cart had got about a quarter of the way across the road when the car caught her. I am no judge of speed, but it was going at a moderate rate. If the woman had continued her course the car would have passed her, but instead of that she stopped. I saw prisoner get out of the car and, in my opinion, he was sober.

Cross-examined. I only saw the car just before it struck the woman by the near side front wheel. The mailcart was turned over. I was about a yard and a half from prisoner—not near enough to smell his breath. (To the Jury.) He got out of the car on his near side.

GEORGE JOHN HOLMES (member of the Hackney Borough Council). I have known prisoner personally for the last four or five years. I have ridden in his car about once a week during the last two years and have always found him an exceptionally careful and steady driver. I have never noticed any signs of recklessness or insobriety about him. It is a noisy car. When in crowded streets he takes the exhaust-cut out to act as a warning and that has undoubtedly cleared the way. I have never seen him take the car out without the stepney wheel, and in consequence he always gets out on the near side.

WILFRED GAUNT . I have been in prisoner's employ 17 years. I saw this car at about 8 p.m. on September 10 just before he went out with it. It had a stepney wheel; he never goes out without one. It is a fixture.

Cross-examined. You can get out on the offside with a struggle. I have never driven the car myself. There is a whistle on the exhaust pipe. I do not know what speed the car is capable of going.

J. H. DAY (recalled, at the request of the Jury), stated that the car weighed about a ton.

The Recorder said that he did not see any evidence to go to the Jury on the fourth count and that he would withdraw that from the Jury.

Verdict, on counts 2 and 3, Not guilty.

BEFORE THE COMMON SERJEANT.

(Saturday, January 14.)


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