1889 : George Pluckrose witnesses a Manslaughter

Title: The Proceedings of the Old Bailey : Ref Number: t18890916-738
Date: 16 September 1889
Place: London


WILLIAM NEWMAN was indicted for the manslaughter of Robert Bowman Diack.

MR. BLACKWELL Prosecuted, and MESSRS. BODKIN and ARTHUR GILL
Defended.

EDMUND BLAKE (Policeman TR 24)   produced and proved a plan of the locality in question.

GEORGE PLUCKROSE.   I am a builder, and live at 20, Ravenscourt Gardens, Hammersmith—on 29th August, about a quarter-past 8 a. m., l got into an omnibus belonging to the London General Omnibus Company, at the Queen of England in Goldhawk Road; that is the starting-place for the 'buses to the City—before it started the deceased, Mr. Robert Bowman Diack, got into the omnibus—after we started I noticed that we were going very fast—getting towards Brackenbury Road, I noticed another omnibus driven by the prisoner—we were passing him—I noticed nothing particular until about a moment or two before the accident—when we passed under the railway bridge I saw that the horses of the defendant's omnibus were coming fast—I did not notice the prisoner doing anything to his horses—I saw the horses gallop just before they got through the bridge, but I did not notice any whipping or anything of that sort—as we got under the bridge I stood up and paid the conductor the fare, and I heard him ring the bell—the omnibus, instead of stopping, went somewhat faster, and pulled across the road from the near-side to the off-side—the driver paid no attention to the bell—as it did not stop I got on to the step—it took me about thirty yards from the bridge when I jumped off—my friend Diack followed me to get off—unfortunately he had a black bag and a walking-stick in his hand, he did not get off as readily as he would like, and the company's omnibus, having swerved across the road, turned again, and seemed to throw him right across the tram-lines on the off-side—it was about two feet from the kerb when the bell rang—the deceased got off, but he kept hold of the brass rail of the omnibus, and instead of letting it go, as he should have done, that seemed to throw him—he struggled to regain his perpendicular, but unfortunately fell across the tram-lines, and the prisoner's omnibus was so close that the deceased was under his horses' feet immediately—his horses were galloping just as they came through the bridge—there were not more than four or five yards, I should think, between the two omnibuses—the prisoner's omnibus ran over him, the forewheels went over his back, and he turned over, and the hind wheels went over his stomach—I saw five or six gentlemen come to pick him up—the prisoner tried his hardest to pull up his horses, to prevent the omnibus going over him—he pulled up, and stopped a few seconds—both omnibuses did that, and away they went—I ran after the prisoner's omnibus—I was not certain which 'bus it was, Newman's or Scarlett's—I did not catch him—I daresay he was nearly a quarter of a mile off—I had the Company's omnibus in sight; the other had gone—I spoke to a policeman on the spot.

Cross-examined.   I don't know that the prisoner sent back a man with a cab, but I saw a cab, as if coming out of a yard—I had known the deceased seven or eight years—he told me that morning that he had been home for a week, and he was going that morning to get leave for another week to go to Hastings to recover his health—he was on the Great Western Railway—I had not the defendant's omnibus in sight all the way from Brackenbury Road to the railway bridge; we were inside; I saw it now and again—I saw it when we passed him, and I saw him coming up behind us, somewhat fast—I saw the horses galloping; they may perhaps gallop eight to ten miles an hour, perhaps ten or twelve—there are tram-lines along the road—when our omnibus swerved to the off-side it was getting on to the tram-lines; they are very bad; the 'bus slides with the lines, and then comes suddenly off—I expect our omnibus crossed the road in that way for the purpose of keeping in front of the prisoner's omnibus—I could not say whether it jolted in swerving again to the left—I was off the omnibus then, in the middle of the road, about twenty yards away from it; it had gone from me when the accident occurred—the deceased was not thrown to the ground by the shock of the omnibus turning; I think he was not absolutely thrown to the ground by the omnibus; he was thrown to the side, and he was struggling to regain his perpendicular—I suggest that he must have been thrown to the side of the road by the omnibus, and having got there without any wish of his own, he struggled to regain his perpendicular, but fell; that must have been at the time the omnibus was crossing to the near-side, that threw him under the prisoner's horses, across the off-side lines—the prisoner was coming up on his proper side for passing the company's 'bus; that was the reason the company's 'bus pulled across—I don't think it would be correct to say that immediately before the prisoner's "bus ran over the deceased it swerved to the near-side; the deceased fell immediately in front, within a few yards of the horses, and the prisoner did all in his power to pull his horses up—there was no traffic in the road at that time, only these two omnibuses; there was no other vehicle near, except the cab coming from the yard.

Re-examined.   The deceased never got on to his feet; when he was thrown to the ground I was in the road where the 'bus had put me down, about twenty yards behind the Company's 'bus; the prisoner was before me at that moment—the omnibus was one with a staircase down the back, with a parallel rail—when I first got into the omnibus I sat next to the conductor, and Mr. Diack sat next to me.

LOUISA LANE.   I am a schoolmistress, and live at Shepherd's Bush—about half-past eight on the 29th August I was in Goldhawk Road, going from London in the opposite direction to that in which the omnibuses were going—when within about sixty yards of the London side of the railway arch I saw two omnibuses on my left; I saw that they were driving very fast indeed—both 'buses were swaying about a great deal—the drivers were whipping their horses, and I should say the horses were galloping—after they had passed the arch I noticed a gentleman standing on the footboard of the Company's 'bus, as if he wished to alight; he got off—after he got off he held on to the rail of the 'bus, and took a step or two with the 'bus—the 'buses were swaying about a great deal at the time, and whether he let go of his own accord or the omnibus swayed him I cannot say, but just at that moment the horses of the other omnibus (the prisoner's omnibus) swerved towards the left, and the gentleman was knocked down—I was then between four and six yards from the place where he was picked up, looking towards him; they had not passed me at the time—the gentleman's face was towards me—I was a little to the London side of the silversmith's shop—I can't say that the gentleman did let go of the rail of the 'bus—I saw the horses trample on him, and both the wheels go over him; after the first wheel went over him he rolled, and the hind wheel went across his back—some people ran out into the road and picked him up—the 'buses went on some distance—the prisoner's 'bus stopped.

Cross-examined.   I was standing at a small draper's shop, two doors from the silversmith's—my attention was wholly drawn towards the gentleman; I was not looking particularly at the prisoner's 'bus at the moment—I am quite certain that the prisoner was whipping his horses;l I saw them both whipping their horses; I have no doubt in my mind about that—the prisoner's horses swerved to the left immediately before the accident; it was the near-side horse that touched the deceased—it was not the Company's 'bus that swerved to the left; I did not see it; they were swaying about the whole distance down the road—I said before the Magistrate that I was very much alarmed, and might be mistaken as to distance—the prisoner's 'bus was a very short distance behind the other; it was more on the off-side when I saw it first, and I think if the horses had not swerved the gentleman would have been safe; I don't think the omnibus would have gone over him—I have no idea at what rate the prisoner was going; it was exceedingly fast.

THOMAS CLODE.   I am a beer dealer, and live at Hammersmith—on the morning of 29th August I was in Goldhawk Road—I noticed the 'buses coming through the railway arch abreast, going very fast—I did not notice the driver do anything.

Cross-examined.   I did not see the prisoner whipping his horses—I might not have seen it; I was watching the position of the omnibuses.

WILLIAM MAY.   I am a signalman, and live at 59, Westville Road, Shepherd's Bush—I saw the two omnibuses going in the direction of London at a good rate; I could not say the speed—I picked the gentleman up, and took him to the hospital.

Cross-examined.   I could not swear whether they were galloping or not; they were going at a fast speed; both about the same.

WALTER JAMES HINTON.   I am a tailor, of 7, Farm Villas, Hammersmith—I noticed the two omnibuses; they were going moderately fast; afterwards the horses galloped—I saw the prisoner especially whipping his horses; he was on the off-side, so I had a better view of him—I kept them in sight until they got under the railway arch—I did not see the accident.

Cross-examined.  They were going very fast; they could not have gone faster.

WILLIAM MANNING.   I live at 5, Nasmith Place, Hammersmith—I was in Goldhawk Road about half-past eight.

Cross-examined.   I said before the Magistrate that I could not swear they were galloping—I might also have said that it took the prisoner about two minutes to go 300 or 400 yards—I could not say what the rate was.

By the COURT. They were going at a great pace, what is generally considered as racing.

JOSEPH ARTHUR ARKWRIGHT.   I was house surgeon at the West London Hospital on the morning of 29th August, when the deceased was brought there—he was then alive—he died shortly after, of internal hemorrhage; the injuries were consistent with his having been run over.

Cross-examined.   There was slight bruising about his legs, and a skin wound on one leg—I should not think the omnibus wheel had passed over him; it is possible.

Witness for the Defence.  ERNEST ALBERT JAMESON.   I am salesman to Messrs. Liberty, of Regent Street—I live at Shepherd's Bush—on 29th August I got on the defendant's 'bus at Starch Green Pond—I was on the box seat on the near-side—a man got up at Devonport Road—at Brackenbury Road the defendant took out his watch; he does that every morning—afterwards I noticed a Company's 'bus passing him, and it went in front—as far as I could tell there were five or six yards between them, about the width of a good-sized road—they were going about the same pace—I saw Mr. Diack, he had got off the omnibus and just got on to the ground—he had hold of the rail with his right hand, and had his umbrella and stick or bag in his left hand—the 'bus dragged him off his feet, and he fell quite flat on his face; the 'bus swerving seemed to throw him on his back—I saw him endeavouring to pick himself up—there was not a possible chance of his doing so, no man could have pulled up—I noticed the General Omnibus Company's 'bus swerve on the tram-line, I think; I could not say I saw it, but I fancy that was the cause of it—the wheel of the omnibus went over him—it is not accurate to say that the horses of the defendant's 'bus knocked him down—the front wheel went over him; I did not see it go over him, but I saw the back wheel go over him—I thought the defendant was trying to pull slightly to the off-side, that would be to the centre of the road—that would have had the effect of avoiding the accident, if the omnibus had not swerved—I should not call it racing, they were going at a pretty good rate; I could not say they were trying to pass each other—they were behind one another.

GUILTY.—The JURY were of opinion that the driver of the General Omnibus Company was mainly the cause of the occurrence. — To enter into his own recognisance in £100 to come up for judgment if called upon.

George Pluckrose is PL2445 in Twig 15.

 

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