Whitstable Times and Herne Bay Herald, 07 May 1938.
PROCEEDINGS AT CANTERBURY. CYCLIST KNOCKED FROM MACHINE.
Magistrates Consider Motorist Responsible.
"The Bench think this is rather a bad case." remarked Mr. G. Blaiklock,
who presided over the St. Augustine's Bench at Canterbury on Wednesday
morning, to Walter Cecil Odd, Fair View Cottage, Borstal Hill,
Whitstable. He was found guilty of dangerous driving and failing to stop
after an accident.
Mr. A. K. Mowll defended.
Mrs. Alice Austen, "Rinsley," Blean, stated that about 8 p.m. on March
29th she met defendant in the "Hare and Hounds" and he offered her a
lift in his motor van to Canterbury. She got in the van and he drove
towards Whitstable. As they approached Denstroude turning she saw what
appeared to be a young man riding a cycle towards Whitstable. The light
of the van lamps showed that he was wearing a light coat. The cyclist
was on his proper side. She remarked to defendant: "Oh. God, you have
run over something" and defendant said: "I have not run over anybody.
You want to learn to keep your tongue quiet." He did not stop. They went
to the "Church and State," where they had a drink, and she saw defendant
tie up the front identification plate with a piece of string.
In cross-examination by Mr. Mowll, witness said she felt the car go over
something. She denied she said to defendant: "You did not hit him?" and
defendant replied: "Certainly not." After her first remark she did not
say anything else to defendant, but when she arrived at Canterbury she
went to the police.
Ernest George Jordan, Forge House, Blean, stated that he was riding a
bicycle up Pean Hill between 8.10 and 8.20 p.m. on March 29th. He was on
his proper side of the road and was wearing a dark brown jacket and
light trousers. As he got near “White Gates" he heard a car coming
behind him. He looked round and saw the car’s lights, continued on his
journey and got more into the near side. The car struck him in the rear.
He was riding at 7 to 8 miles an hour. He was knocked off and he rolled
over and over to the other side of the road, and his bicycle was knocked
into the middle of the road. The car continued on its journey without
stopping and he could not take the number. The back wheel of the bicycle
was smashed and the back fork and crank were bent.
In cross-examination by Mr. Mowll, witness said the vehicle which hit
him was a van. He was riding a racing model but denied that he had his
hands off the handlebars.
Ernest C. Copping, licensee of "Church and State," Denstroude, stated
that between 8.10 and 8.20 p.m. on March 29th he was outside the public
house when a motor van arrived. Defendant, whom he knew, and a lady,
were inside. Witness noticed that the front plate was hanging and
defendant said it had just come off at the bend because the road was
bad.
P.C. Penn stated that about 11 a.m. on March 30th he was at the County
Police Station at Canterbury when defendant called and said that a
police officer had called at his house respecting an accident the
previous night. He then made a statement which was that he was driving
from Canterbury to Whitstable and picked up Mrs. Austen at the "Hare and
Hounds." She wanted to go to Canterbury. He drove to the "Church and
State," Denstroude, and then back to Canterbury, as Mrs. Austen wanted
to see her son. On the way to the "Church and State" he saw a cyclist
going the same way. Mrs. Austen said: "Look out. you will hit him." He
(defendant) had not reached the cyclist then and he drew out to pass the
cyclist. He did not hear any noise of a collision and naturally he did
not stop. As soon as he heard the police wanted to see him he went to
the Police Station as soon as possible.
P.C. Holt stated that in consequence of a telephone call he searched the
main Canterbury-Whitstable Road and Denstroude Road and at 11 p.m. he
interviewed Jordan. In consequence of what he said witness went to
defendant's residence but he did not return by midnight. The next
morning he called at the residence and found that defendant had not been
there all night.
Witness said he examined the road where Jordan said the accident
happened and he found a scratch on the road. 41 inches from the near
side verge. On March 30th defendant called at the Police Station, and in
the afternoon of the same day witness told defendant be would be
reported. He said: "I do not think I'll make a statement." On examining
the van witness said he could find no apparent damage. He also examined
the bicycle and found the rear wheel completely smashed. Jordan had
bruises on one leg and laceration of one hand.
Mr. Mowll submitted there was not a scrap of evidence that a prinia
facie case had been made out.
The Bench did not uphold the submission.
Defendant said he was a van salesman. He had been driving 21 years and
had driven nearly three-quarters of a million miles. For fourteen years
he was demonstrator for Messrs. G. R. Barrett and Sons. Canterbury. On
the night in question he was driving a 5cwt. light van and met Mrs.
Austen at the "Hare and Hounds." He offered to take her to Canterbury,
but told her that he had to go to Denstroude first. On the journey to
Denstroude he saw a cyclist. He had definitely no idea that he had hit
anybody. Had he hit anyone he would have stopped. Mrs. Austen said: "You
did not hit him. did you?" and he replied: "No." He came on the cycle
suddenly and he had to swerve out and this caused some of the contents
of the van to fall about. There was no truth in the statement by Mrs.
Austen that she said: "Oh God, you have run over someone," and that he
replied: "I have not run over anybody. You want to learn to keep your
tongue quiet." He had arranged to spend the night with his friend at the
"Hare and Hounds," and he did so. As soon as he heard the police had
been to his house he went to the Police Station. At the time he passed
the cyclist his speed was about 25 miles per hour.
In cross-examination, witness said there was something in the statement
produced by P.C. Penn with which he did not agree, although he admitted
he signed the statement.
Defendant said he could only suggest that the reason why Mrs. Austen
went to the police and why she thought there might have been an accident
was because of the row she heard in the back of the van. He considered
that her statements were pure inventions.
Following a retirement the Chairman said the Bench thought it was a
rather bad case. Defendant himself said he saw the cyclist and that
should have put him to the utmost care to avoid running into him. The
miracle was that the boy was not killed or severely injured. Defendant
obviously must have known something had happened. Mrs. Austen made some
exclamation and instead of stopping and seeing if any mischief had been
done defendant drove on. There was not the slightest doubt he did smash
into the cyclist. He would be fined £3 for dangerous driving £2 for
failing to stop after an accident, and costs, and the licence would be
endorsed.
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