Sarah
Hawkins Genealogy Site
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Articles
The Devon and Exeter Gazette Friday 16 Oct 1931
Page 9 Column 2
CHARGE FAILS.
Case Not “Clearly Proven” at Teignmouth.
POLICE TO APPEAL.
The submission of the defendant's solicitor that, on the evidence, his client had not been connected with the case led to the dismissal of a charge of driving to the danger of the public at Teignmouth Petty Sessions on Monday.
Defendant was Alfred Thomas EVANS, of 89, King Edward-road, Maidstone, Kent, and on his behalf Mr. R. J. McGAHEY (Exeter) pleaded “not guilty.”
Supt. BRADDELL said that on the morning of September 7th, an omnibus was being driven from Teignmouth towards Newton Abbot. When it was nearly on the right-hand bend at Wear Farm, a motor car overtook and cut in front of it, striking the hub of one of the wheels. The 'bus was fully loaded and, had it gone over the low bank on the left of the road, it would have fallen from 20 to 30 feet.
Frank MURCH, of Exminster, driver of the 'bus said on looking in his mirror he saw a car passing him, and, at the same time, felt a slight impact, probably on the off-side front wheel. The car regained its proper side and someone in it looked round and smiled. He managed to take the number, and noticed that the running board of the car was damaged. Stopping his 'bus he found there was a slight graze on the off-side front hub.
Cross-examined: He might have been bearing a little to his off-side.
“BOUNCING OFF HEDGE.”
Wilfred Alfred WEEKS, conductor of the 'bus, said it seemed as if the car had struck the hedge on the other side of the road, and bouncing off, had hit the front wheel of the 'bus.
Charles Hubert CREES and his son, Fred William CREES, of Heavitree, Exeter, who were passengers in the bus, also gave evidence.
P.C. SETTER said that on September 7th, defendant called at Teignmouth Police Station and said he wished to report?? accident that had occurred the same day.
Mr. McGAHEY submitted that the only evidence about the defendant was that he called at the Police Station to report that he had had an accident. No one had given the number of the car, which, it was alleged, had been driven dangerously. Before there could be any question of a defence the prosecution had to prove their case clearly. Upon the evidence there was no connection between the defendant and the accident, which was the subject of the charge.
The Magistrates decided they had no option but to dismiss the case.
Supt. BRADDELL intimated that there would probably be an appeal.
<NOTES: Charles Hubert CREES son of William CREES and Emily HAWKINS, married Ellen Hammill RICHARDS
Fred William CREES son of Charles Hubert CREES and Ellen Hammill RICHARDS, married Bessie Maud COLE>