Compiled by Cameron McCullough
AN interesting case was heard at the Chelsea Court on Monday, before Messrs. Cohen, P.M., and Hunter, Bowman, Stephens, Callahan, and Beardsworth, J.’sP., when Constable T. E. Nicholls proceeded against Albert William Bates on a charge of having on the 31st May, 1924, at Edithvale, driven a motor car, on a public highway, negligently, having regard to all the circumstances of the case.
Eric Bell deposed that he was proceeding by motor cycle, from Mentone to his home at Chelsea, and with him seated on the back of his cycle was Mr. E. Saw, also of Chelsea.
They had attended the Chelsea-Mentone football match, at Mentone, and as they could see that their team (Chelsea) had lost the game, they left the match early-about ten minutes to 5.
At about 5.30, when nearing the Edithvale station, he observed three cars coming towards them. One was on the right side of the road, and one on the crown of the road. He was on his right driving side, right over near the ti-tree when he noticed the black car, driven by defendant (Bates) trying to shoot through, and coming towards him.
It was then the impact occurred; he hit him (Bell) on the side of his machine just near the engine.
He (witness) was laid up for five weeks suffering from compound fracture of the big toe, also the muscles of one of his arms and leg were severely injured, while his friend, Mr. Saw, sustained a broken hip and other injuries, and had been in hospital almost ever since.
The black car had accelerated to pass the other two and was travelling at a good pace.
In answer to Mr. E. J. Carr, solicitor, who appeared for Blake: The time was between 5.25 and 5.30. He had no licence; he had only had the cycle about five weeks.
Mr. Carr: Didn’t you see two cars; coming through Edithvale road gates?
– No; it was too far away. The cars were travelling two abreast as long as he saw them, until the black one shot through past the other two and into him.
Mr. Carr: Why didn’t you stop?
Mr. Cohen, P.M.: Now, sir; that’s going too far. Why should he stop? Hasn’t he any right at all on the road
Mr. Carr: I just want to test his credit, and see what he knows of the accident.
The P.M.: Well, that’s not the way to do it.
Witness (Bell): I slowed right down.
Edwin Saw, of Chelsea, gave corroborative evidence.
Constable Nicholls, stationed at Mordialloc, stated that he had been at the match at Edithvale, and on coming away he noticed the dark car full of footballers going at a rapid speed.
He jumped on his bike and later came upon the scene of the accident.
He followed the tracks of the dark car, and found where they came diagonally across the road; the front of the car was buried in the ti-tree; the tracks caused by the brakes being applied, and causing the tyres to grip the road, went back for 25 yards.
The driver (Bates) was in a footballer’s uniform and the car was full.
The defendant, A. W. Bates, said that he crossed the Edithvale crossing at five miles per hour, and travelled at ten miles per hour on Pt. Nepean road.
He saw two cars ahead; the first was going .very slowly. The front car was in the middle of the road. He swung to the right, and the motor cycle seemed to come right across at him.
He put his brakes on; the motor cyclist seemed to “do his block” – he was all over the road – the cycle was going from 25 to 30 miles per hour.
Cross-examined, Bates said the scene of the accident was half-a-mile from the football ground. He was twelve feet behind the other cars when he accelerated in order to pass them to about 12 to 15 miles per hour, when the cyclist came against him.
The constable said the tracks were his, but he was not sure that they were.
C. S. Caudwell said that he was the driver of the first car. Defendant was behind him; the other car was on the left-hand side. The motor cycle seemed to pull right on them and then there was a crash. He did not see Bates try to pass. The other car obscured the view. He was in third gear, going 12 miles per hour. His car had four gears.
A. J. Enticott stated he was standing on the running board of defendant’s car; two cars were in front; defendant put on a bit of pace to pass them, and the cycle seemed to come straight at them.
The Bench, after consideration, imposed a fine of £8 with 27/- costs, and ordered the defendant’s licence to be endorsed.
Probation Officer For Frankston – Mrs. W. W. Young, senr. Appointed
We have been officially informed that Mrs. Goodwin, of the W.C.T.U., has sent a communication to the local police, informing them that Mrs. W. W. Young, senr., has been appointed Probation Officer for Frankston.
In such an onerous capacity Mrs. Young senr., should be enabled to prove that her kindly nature is tempered with a proportionate degree of justice in carrying out her duties.
Personal
Mr. W. Clark returned to Frankston this week, after a holiday trip to Scotland.
Mrs. R. Wells, of Frankston, who has been visiting friends in Launceston (Tas.), is expected home this week.
Mr. Cyril Twining, who has been residing in the Mildura district for some months, is expected to return to Frankston next week.
His Frankston friends will be interested to learn that Mr. Norm Jackson, son of a one-time Methodist minister of this town, will join up with the ranks of the Benedicts next week.
At the Methodist Church on Sunday evening, Mrs. Thorne, of Tasmania, who is visiting Frankston friends, rendered a solo during the offertory.
Mr. A. Langhorn, who succeeds Mr. W. E. Watkins in the charge of the Frankston Presbyterian Church, conducted his opening services on Sunday last to good congregations. At Frankston in the evening, Mr. Parsons rendered the solo, “The Song Divine,” in a very pleasing manner.
Mr. Langhorn, who with his wife spent 16 years in mission work in China, is a preacher of ability and great earnestness.
Mr. W. E. Watkins, in reference to his remarks at the farewell social tendered to him at Frankston last week, writes to say that the £3 per week stipend mentioned by him referred to the amount received when he first entered the ministry. Frankston was much more generous than that, and, in fairness to the parishioners, he would like to have the position made clear. In conclusion, Mr. Watkins adds: “I desire to express my appreciation of the ‘Standard,’ and its readiness at all times to insert in its columns matters that make for the progress and welfare of the town and district.”
Obituary
It is with deep regret that we have to record the death of Mrs Hay, who for a period of nearly twenty years had been a most esteemed resident of Frankston.
For some considerable time past, the late Mrs Hay had been ill, and up to the hour of her lamented demise at 8 o’clock on Friday evening last, when she passed peacefully away, Dr. Maxwell had been attending her.
The deceased first saw the light at Emerald Hill, now known as South Melbourne. She is survived by a bereaved widower, and five of a family, of whom are the following: –
Mrs Pitt, of Hastings, Miss R. Hay. of Frankston: Mrs Laird, of Wellington (N.Z): and Messrs A. and H. Hay, of the well-known local firm of Messrs Sherlock and Hay.
We tender to them our sincere sympathy in the sad loss they have sustained, The funeral, which was a private one, took place on Saturday to the Dandenong Cemetery, the Rev. A. E. Wellard. of the Methodist Church, Frankston, officiating at the grave side.
Many beautiful wreaths were sent by sympathisers for the late Mrs Hay was loved by all with whom she came in contact.
From the pages of the Frankston and Somerville Standard, 8 & 10 Oct 1924
