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MOTOR-CAR NUISANCE. RECKLESS DRIVER FINED At Broxton Petty Sessions, yesterday (Tues- day), before Mr. R. Howard and other magistrates, V-ctor Lee, Brynypys Hall, Overton, driver, was summoned for furiously driving a motor-car, to the danger of the public in Wrexham-road. Cud- dington. on May 12th.—Mr. J. M. Etches, solici- tor, Whitchurch, expressed his regret that defend- ant. was unable to appear, as he was in London. Colonel Francis Barnston, CnorUon Lodge, said he was riding on horsoback from his house. On approaching the main road, he heard and saw a car pass at a tremendous pace towards Worthenburv. It was go ng at 30 m les an hour, or as fast as a train. He was afraid to meet it. and pulled up about 20 yards from the junction of the road. His hors; was startled. and jumping up, overbalanced. The animal fell one side of the road and witness was shot the other. receiving a bad injury to his arm. It was quite possible that the people in the car had not soon him. By Mr. Langley: There was a big d'p in the road. Continuing, witness said the horse was a quiet on? as a rule. Cross-examined by Mr. Etches, Colonel Barnston admitted that he was not favourably impressed with motor-cars. Mr. Etches: Doos not that lay you open to a charge of prejudice'—Witnes-i Certainly not. Mr. Etches: Why did you not turn back?—Wit- ness: I don't scc- wpv I should turn back anymore than the car should stop. Mr. Etches: Did you hold up your hand?—No. Why didn't y.ou :-Because I thought they could not see rne. Don't you know that a car going at nine miles an hour makes more noise and frightens a horse just as much as if it was going fast?—No. Mr. Etches: Weil, I may tell you from experi- ence that it does. Can you say positively that the car was going more than 12 miles an hour?—I swear it. Joseph Harrison, labourer, Threapwood, saw the car pass. He had no sooner seen it than it was out of sight. Wm. Crump. Threapwood, said the car was going from. 30 to 35 m les an hour.Cross- examined He had not seen cyclists going so fast down that particular hill. Henry Williams, Threapwood. labourer, said the car came around a corner at Malpas about three or four miles an hour. I Wm. Boycott, Malpas, said ths pace was 12 or 13 miles an hour. Wm. Hr. Hobson. Worthenburv, saw the car near Cuddington Hall go.ng at express speed. He had difficulty in getting the horses he was driving out of the way. j Henry Crane Parry, Cuddington, farmer, est;- ( mated the speed at 30 miles an hour. ] P.C. Richardson, of Threapwood, said he was ( at Cuddington when he heard the car approach- ing. He timed it for a distance of. roughly, 446 j yards, which was covered in less than 30 seconds— ] a speed of about 30 miles an hour. Next morn- ( ing he went to Brynypys Hall and saw defendant, who said he was not going more than 12 miles an ( hour. t This closed the case for the prosecution. In address.ng the Bench for the defence, Mr. ] Etches expressed his regret that the car had been the cause of an accident to Colonel Barnston; but ( for that the magistrates would never have heard j anything of the matter. < The Chairman: Then I differ from you. Continuing, Mr. Etches oomplained that though his client had been summoned for an offence at Cuddington. some extraneous evidence had been brought of what had taken place miles away. It lay upon the police to shew there was danger on ( the road. and the only evidence of that on which the magistrates could base the.r decision was that of Colonel Barnston's, who was not actually on tho high road itse-lf. There was a. certain amount of commonsense to be used by both horsemen and of commonsense to be used by both horsemen and drivers of cars. It would have been perfectly easv for Colonel Barnston to raise his hand and stop the car; or he might have turned his horse's head around. That was the method he would have thought Colonel Barnston would have adopted, if he thought there was danger. The defendant left Mr. Hugh Peel's house at Bunbury between 10.15 ind 10.30 in the morning, and, according to the I j prosecution, they reached Malpas about 12.30, j ;o that the oar was not going more than 14 or 15 } miles an hcur. He maintained that Colonel f Barnston ought to have raised his hand, and then ;he car would have been stopped and the danger f avoided. Motor-cars had come to stay, and t they would have the roads. It was an extra- j ordinary thing that a few days ago they could j not pick up a paper without seeing accounts of cvclists being summoned for furious riding. Now they never saw cases against cyclists. The car was a four-cylinder one, and two of the cylinders were not working, so that it was abso- lutelv impossible for it to go at the &peed alleged.. Gerald Crane said he, in company with Mrs. Peeil, was a passenger in the car driven by de- fendant. It was not possible for a big, heavy car like that, with two cylinders out of order, to go at 30 miles an hour. They were two hours going from Bunbuiy to Brynypvs, and the dis- tance was 24 miles. He saw Colonel Barnston on horseback, and if he had made a signal the car would have stopped. He saw the horse turn, and then the car passed, so that he could see no more. The Chairman said defendant might have come from where the roads were wide and different 1 from the roads in Cheshire. There was no ques- tion the car wa- going at a dangerous rate. The public had the right to be protected, and so far as the Bench were concerned, they were deter- mined that as long as the Act of Parliament re- mained as it was the public should be protected. The roads were equally for the use and benefit of the poor man with the donkey-cart as they were for the man with his E50 or £100 motor- car. Motorists must not set azide the safety of the public, and must consider that in the country they must refrain from going at that pace. He knew every yard of.the ground on the Cudding- ton-road. He knew perfectly well that as the car was descending the hill at the bottom of the Malpas-road Colonel Barnston would not have the opportunity of seeing the car until he was almost upon it. It shewed they never sounded their horn, and that they did not sound it around an exceedingly dangerous turn in Cuddington. The public must be protected against these rash and furious drivers, even if the masters were pre- pared to endanger their own live=. Motorists must know and ascertain how fast they were going. The witness for the defence said he saw Colonel Barnston and took no notice of him. He saw him turn round, and the inference was that the car was going at a dangerous pace. He regretted the driver was not there to hear his remark?. It must be distinctly understood that the roads in Cheshire were not suited for motor- cars to go at the pace the drivers wished them to go. The cars had no better right to the road than the private individual. Under the circum- stances, the magistrates imposed the full penalty of JB5 and ocsts.

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