M. Ponce v. Hoxcoms.
Holcomb was charged by the police with furiously driving a horse and trap to the common danger on the Nan-King Road at 8.10 p.m. on the 29th of June.
Chief-Inspestor Ramsay and Inspector Wilson appeared for the police.
PO. 168, Kallah Singh, cautioned, said: About 8.10 p.m. on the 20th ultimo Twas on duty on the Nanking Road. I saw a horse and trap coming from the direction of the Loongiei Bridge at a very fast pace. I called to the foreign driver to keep to the left side and signalled with my hand. After passing me he increased his pace and inclined to the right, collide ing with a French soldier who was riding bicycle in the opposite direction. blew my whistle and followed the trap as far as the Town Hall, but was unable to overtake it. I then returned and assisted Station. The soldier was injured and his bicycle broken. The soldier was riding near the footpath on the proper side of the road.
P.C. 165, Kehar Singh, cautioned, gave corroborative evidence, adding that he was about 10 yards away from P.C. 168 when he signalled and called out for the trap to keep to the left. The injured soldier was sent to the Military Hospital by Capt. Rose, of the Provost Guard.
A. Valle, of the Provost Guard, sworn, I was riding up the Nanking Road on the night in question and when just beyond the Provost Station, 60 paces, I met a carriage coming in the opposite direction. I was about two metres from the kerb at the time, but the carriage ran into me whilst Iwas trying to get out of the way. I had no light. 1 was going slow. I did not have my head down, T'was sitting up. I could not recognise the gentleman in the carriage as Twas run over and the carriage went on. The wheel of the bicycle saved me a great deal when the carriage went over me.
Inspector Collins and two other witness ses called by Inspector Wilson were objected to by Mr. Holcomb on the ground that they had not witnessed the accident.
His Honour upheld the objection.
C. R. Holcomb, sworn, said: At a few minutes after eight o'clock on Sunday ere ni I left the Metropole Hotel where T had been on business, and got into my dog-cart. I passed a Sikh policeman in the middle of the Loongfei Bridge to the loft. There were some four carriages ahead of me and I pulled to the right and passed them. I was not driving fast. I had no whip. The horse was just trotting. As I passed the carriages I met another Sikh in the road, just ax I was pulling to the left. It was then the accident occurred. A carriage and two men on bicycles were coming towards me. One of the men went right across the road and bumped into my wheel. I drove on and did not think much of the accident. I do not think I ran over the man or I should have felt it. I saw no light. I had two lights in my carriage. The cyclist was going as fast as he could go. I ask that the case be dismissed as no case of furious driving has been shown.
BE. W. J. Loureiro, sworn, said: T am employed at the Rnsco-Chinese Bank. On Sunday night, near the Metropole a dogcart passed me, a cyclist came along and crashed into the dog-cart. The dog-cart passod me on my right, and was "only going at an ordinary speed. It could not be called reckless driving.
Defendant—I think that sufficient testi-many has been given to show there was no furious driving and I ask that the case be dismissed. There was an accident, and deplore accidents, but I am not to be blamed.
His Honour—A great deal of caution should be used in driving in Shanghai. The different classes of horses made it difficult to drive as against little ponies in carriages when they are in front. In such cases a deal must be left to the judgment of the person driving, and caution was requisite. This is not a serious cate and I will dismiss with a caution to Mr. Holcomb to take care in the future in crossing from the wrong side of the road.
Text read from the printed page and cleaned; old type leaves the occasional error.