Herbert George W. Scutt 1881-ca 1921

[Sussex Agricultural Express, East Sussex, Saturday 23 June 1906. Steyning Police Court. Alleged Reckless Driving of motor. Arthur Salmon was charged with driving motor car recklessly on June, at Steyning. Mr Kenneth Loader, the firm of Messrs. J E Dell and Loader, Brighton, was instructed by the Chief Constable for West Sussex to prosecute, and Mr Geo. F Watkins, of 157, Fenchurch Street, E.C., appeared for defendant. Mr Loader, opening, said that this was considered a most serious case, as the cornet, at which the alleged occurred, out of which the case had arisen, was a most dangerous one. PC. Marsh deposed some plans that were put in showing corner at the top of Clay Hill. He stated that the road her© was 18ft. wide. Herbert Scutt, greengrocer, of Dacre (sic) Gardens, stated that he was driving up Clay's Hill and was on the left side of the road. When about 45 yards from the top he saw motor car coming round the corner. He thought was going at about 25 miles an hour. Just as it was "on to him" the horn sounded, but the car struck the pony in the chest, and had had to be attended by a veterinary surgeon. The car, alleged, passed the trap the wrong side, and then resumed its course on the proper side and did not pull up for 140 yards. The Defendant then came back to witness, who said to him "This is a pretty thing you have done ." Defendant said, "You should of got out of my way" Witness then replied, "If you had been on your right side the accident would not have happened." Cross Examined, witness said that it might have been about 10 seconds between seeing the car aand the collision. He was very emphatic as to having been on the proper side of the road.Frederick Slaughter, carter, stated that he was loading granite at the top of Clay's Hill on the day in question when he saw the car coming round the corner. It was going much too fast for such a corner. He heard the horn sounded once. When near to Scutt's cart it turned and crossed the road and struck the pony in the chest, and then passed round the cart on its near side. He thought there was room for it to have passed on its proper side. Chas. Charman and Arthur Green gave evidence to similar effect P.C. Wareham stated that he proceeded to the scene of the accident, and there saw Scutt's pony on the Green at the corner of Bramber Road. It had a deep gash in its chest, two wounds on its haunches besides several smaller wounds. He spoke to defendant and asked him how the accident happened, and defendant replied"I was coming along the road and saw a pony and cart on its wrong side of the road. I tried to pass it on the wrong side about seven feet from its near side gutter. That and ran into the pony." When asked how fast he was going defendant laughed and said, "Dont ask me, I shouldn't think I could get more than 12-14 miles coming up the hill". Watkins for the defence, contended that the accident was due to Scutt: being his wrong side and also the brake failing to act. About seven feet from its near side gutter. That would allow 11 feet in which to allow the car to have passed on its right side. He should consider anything above eight miles an hour at that spot dangerous. Watkins for the defence, contended that he closed the throttle and also the brake failing to act. He discovered afterwards that the brake had snapped. As the oar did not stop he had no alternative to He should think was going from eight to ten miles an hour on the day in question when he turned the corner. He saw a cart towards him on its wrong side 30 yards away. He closed the throttle put on the brake, but that failed to stop the car. He discovered afterwards that the brake had snapped. As the car did not stop he had no alternative but to try and pass the cart, and as it had drawn nearly across the road he thought it best to try and get round it on its near side. Cross-examined: Asked what reason he gave for Chairman said they would give the defendant the defective workmanship; it certainly was not due to perhaps due to the failure of the brake. He, however, urged the necessity drivers of motors taking Barrett), who were in the car at the time of the trusted that defendant would deal liberally with matter. The Magistrates retired to consider the evidence, action the Chief Constable would take in the matter, whether he would consider the question of appeal benefit of the doubt. The alleged accident was Mr Watkins did not there be appeal, possible precaution in going round corners. He this particular case they could not appeal, and Scutt in the matter compensation. Mr Loader said that he did not quite know what action the Chief Constable would take in the matter, whether he would consider the question of an appeal or not. Mr. Flowers (Clerk) expressed his opinion that in this particular case they could not appeal, and the Chairman concurred in this view.] [H G S living in 1913 and 1918 in Alfriston, at Saffron Croft. Enrolled and served in the Great war as A. B. Seaman - Royal Navy - Official Number:190198.] [H G S - 39yr.]