From Merthyr Express - Saturday 09 June 1951
SCHOOLBOY CYCLIST'S FATE
MOTORIST FOR TRIAL ON MANSLAUGHTER AND "UNDER INFLUENCE" CHARGES
FOURTEEN-YEAR-OLD schoolboy, Kenneth Anthony, of 3 Buttery-terrace, Fleur-de-Lis, left his home at 7.15 on the evening on May 3, riding his bicycle. Half an hour later his father, James Anthony, a process-worker, was summoned to Bryngwyn-street, Fleur-de-Lis, where he found his son lying on the pavement, being attended by an ambulance man.
  In the early hours of the morning, two days afterwards, Mr. Anthony was with his son when he died in a Royal Gwent Hospital, Newport, ward of a fractured skull.
  At a special session of Blackwood magistrates on Monday, which lasted 5 hours, it took them two minutes to decide, after the last of the seventeen witnesses had given evidence, that 'prima facie' cases had been made out against a Ministry of Food District Meat Agent, 64-year-old John Hubert Prosser, of Clifton-street, Cardiff, and he was committed for trial at Glamorganshire Assizes of manslaughter, driving a vehicle while under the influence of drink or drugs, and driving in a manner dangerous to the public.
  Prosser, who walks with aid of a stick, was permitted to sit throughout the proceedings, at the end of which, he pleaded not guilty to each of the charges and reserved his defence.
HEARD A BUMP
  Mrs. Violet Maude Funnell, a housewife, of 16 Bryngwyn-street, Fleur-de-Lis, described how she saw a car come up the road "travelling at a very fast speed in the centre of the road." After it had rounded the bend, she heard a bump and a few seconds later another bump, which was "more like a small explosion".
  Mrs. Ivy Gaine, of 21 Derwendeg-avenue, Cefn Forest, who was with Mrs. Funnell, told the court that she had "never seen a car travelling at such a speed."
  Mrs. Gertrude May, of 6 Brygwyn-avenue, described the car as coming past her "rather fast." She said she heard a scrape, saw a cloud of dust and heard a bang.
Mrs. Eveleyn Davies, of 14 Bryngwyn-avenue, said the car was travelling "very fast." She heard a crash.
  William Henry Walsh, of Francis-street, Fleur-de-Lis, said be was standing opposite two boys on the other side of the road. One was on the pavement, the other was in the curb with his bicycle.
  "I heard a noise like a wheel rubbing a mud-guard." said Mr. Walsh. "and when I looked up I saw the car hit the boy and the cycle together. After that the car came over to my side and hit the curb and went on up the road. It was going at a pretty good speed."
  The dead boy's friend, Keith Lewis, of 23 Gellihaf-road, Fleur-de-Lis, said they were walking along together, talking. "I was on the pavement and he was on the curb, one foot on the ground and the other on the pedal. I did not hear the car, nor did I see it, until it hit him." he added.
OBJECTION
  When Mr. Harmston called his next witness, Mr. Roderick Bowen. M.P. (instructed by Mr. C. J. Hardwick. Cardiff), for the defence, interposed. "I gather that the witness will give evidence of what he saw and heard at 4 p.m. that afternoon. If he is to give evidence of what he saw and heard shortly before the accident it would be admissable, but the evidence relating to matters so remote in time and place from the scene of the accident is not."
  Mr. Harmston: "The evidence is on the defendant's condition at four in the afternoon, which was such that it could still affect him four hours later."
  When the magistrates asked that the witness be heard. Mr. Bowen said: "I would like my objection to be recorded on the grounds that it is too remote to have any bearing on the circumstances of the case."
"BOTTLE IN POCKET"
  The witness was Thomas Ivor Jenkins, of 44 Thomas-street, Aberbargoed, who said that Prosser came to the shop in Deri, of which he was manager, at 4 p.m. "While he was talking I could hardly understand what he was saying. He was supporting himself on the counter and in his pocket was a bottle wrapped in white tissue paper."
  Mr. Bowen asked that his objection be recorded against the evidence of the next witness, Royston Thomas, of 84 Bailey-street, Deri, butchery department manager in the same shop as the previous witness.
  Mr. Thomas said that Prosser was smelling strongly of drink and leaned on the counter. When he said he would take a look at what was in the refrigerator, the manager refused him permission, saying that he did not appear to be on an official visit.
  With Prosser was another man, said Mr. Thomas. They were laughing and joking together while they were in the shop. When they went out together, Prosser "staggered through the door." The bottle he had wrapped in paper appeared to be "the type that contains spirits." They went to a car, but the defendant did not drive it away.
"BIT OF A BUMP"
  P.C. M. Jones said that he was called to the scene of the accident. After observing marks on the road and curb, he saw Prosser in the house to which the boy had been carried. While he was taking notes, he noticed that Prosser's breath smelt "strongly of drink." Taking him to the scene of the accident he noticed, too, that Prosser "had difficulty in his balance, his face was numbed and he had difficulty in pronouncing his words clearly."
  "I came to the conclusion that he was under the influence of drink to an extent that would I render him incapable of driving a car." said P.C. Jones. He said he had had a "bit of a bump."
  Police-Sgt. W. Guy, who next arrived on the scene, the officer continued, had to repeat his question "what is the trouble?" three times, before Prosser answered. Finally he said "I've got a puncture." Asked how it had happened, he said "How do I know, boy?" Asked if he had had an accident, he replied. "Yes, a bit of one."
  The officers, who were now accompanied by P.-Sgt. W. Jones, took Prosser to Blackwood police station, went on P.C. Jones. Told he would be examined by a doctor, Prossier said. "Examined - doctor - I don't care. I don't know any doctor here."
  After the examination, said P.C. Jones, when Prosser was told that he would be reported for driving a car while under the influence of drink or drugs, defendant said. "No b** drugs. You can cut that out."
DOCTOR'S EVIDENCE
  Dr. C. G. Mackay, of Pontllanfraith, said he examined Prosser at 9.35 p.m.. Although he was submitted to various tests, it was found that, at the time, he was not under the influence of drink to such an extent as to make him incapable of driving a car.
  To Mr. Harmston. Dr. Mackay replied: "I should think a serious accident would have a sobering effect on a man."
  To another question, Dr. Mackay said: "It was impossible to say what his condition might have been an hour and a half earlier."
  P.-Sgt. Guy said that while he was in the police station Prosser asked permission to phone his wife. He told her: "Don't worry. I'm at Blackwood police station. There has been an aaccident. A boy ran out of a crowd and into me. I shall be home in a couple of hours."
  P.-Sgt. W. Jones said that when he drew the blinds in the room where they were talking to Prosser, he said, "Waiting for the bombs from Russia are you? I would drop them first if I was in charge. They cause all the trouble."
  Mr. Frank Howard Jordan, representative of the Goodyear Tyre Company, said he had examined the inner-tube, wheel and tyre of the car. In his opinion, extreme damage to the side wall of the tyre was "due entirely to the tyre coming into forceful contact with some obstruction."
WILL BE STRONGLY CHALLENGED
  Mr. Roderick Bowen, in his speech for the defence, said that at no time had he questioned the evidence during the hearing. "But very many of the matters unchallenged today will be strongly challenged on the strength of evidence, particularly in relation to drink, should my client be sent for trial," he added.
  From the evidence given, he said, there was "none of the elements of complete and utter disregard for persona nor abandon nor wantonness that you find in a case that warrants a manslaughter charge."
  Descriptions by the women of the speed the car was travelling varied, he said, and neither the damage to the car nor the distance it had travelled after the accident were consistent with dangerous speed.
  "There is nothing to indicate whether the flat tyre occurred before or after the accident. If it had been after the accident, the driver would have had no chance," he said.
  In answer to the observation of Mr. Bowen, that "irritation, time-lapse and inconvenience" would be caused by committing Prosser for trial on a charge of manslaughter, that could only be heard at the Monmouthshire Assizes in three months' time, Mr. Harmston said: "Let it never be said that in this court or in any other, an offence was less serious than it really is, in order to keep the case within the hearing in the county."