South Yorkshire Times, Friday, August 26, 1932

Cross Roads Crash

Disaster to Mexboro’ Party

Collision Near Ferrybridge

Well-Known Tradesman Killed

Two Others Injured

A Tragedy of Misunderstandings

A party of three well-known Mexboro’ men were involved in a serious road accident near Ferrybridge last Friday afternoon, and one of their number, Frank Hillerby, aged 58, tobacconist, High Street, Mexboro’, also 44. Pym Road, lost his life.

His friends, Ernest A. Clayton, retired grocer, 13. Park Road. Mexboro’. and William Preston Dunn, retired lacomotivo boilermaker, of Woodfield Avenue, Mexboro’, were injured, the latter rather seriously, the former only slightly.

The party set off from Mexboro’ on Friday afternoon, about 3-30, for an afternoon run, in an Austin 12 h.p. open touring car jointly owned by Mr. Clayton and Mr, Hillerby, and driven by Mr. Clayton. At 3-30, as they were passing over the cross roads south of Ferrybridge, a heavy saloon car from Pontefract struck them broadside, hitting the Mexboro’ car’s near rear door. Mr. Hillerby and Mr. Dunn, both riding in the back of the ‘car, were flung a considerable distance into the road. The car was spun round, but did not capsize, and Mr. Clayton remained at the wheel, escaping serious injury, though his left hand was cut and for a moment or two he was stunned by the shock. The collision occurred almost exactly in the centre of the crossroads, and the other car capsized and came to rest in its side.

This car belonged to Mr. J. M. P. Adams. manager of the Rawcliffe Paper Mills, and was being driven from Pontefract to Rawcliffe by Mr. Adams’s chauffeur, Albert Naylor, who had with him as passengers Mrs. Cannon, 18. Dobello Road. Rawcliffe Bridge, and her son Donald aged 20. who Just been discharged from Pontefract Infirmary, following an operation for appendicitis, and was being conveyed home. Thanks to the heavy upholstery and safety glass, the three occupants escaped serious injury, though with the Mexboro’ party they were taken to the Pontefract Infirmary for attention. The case of poor Frank Hillerby was at once seen to be desperate. He had pitched on to his head and his skull was apparently smashed. Mr. Dunn did not lose consciousness, but was badly hurt and it was later ascertained that his right leg was broken and his chest crushed.

Dr. J. McCarthy, of Ferrybridge, who was passing in his car, stopped and rendered first aid to all the injured, and they were then taken in the Pontefract motor ambalance to the Pontefract Infirmary. Hillerby died within ten minutes of admission, Dunn was detained. Clayton was detained the night and discharged nest morning, and the Rawcliffe party were discharged the same evening.

The news of the disaster was received in Mexboro’ with real concern, for all three men are old and popular townsmen. Frank Hillerby is a native of the town and has for many years conducted a thriving wholesale and retail tobacco and yeast business founded by his father, the late Alfred Hillerby. He was a bachelor, something of a Bohemian, and a general favourite in the town, especially in the trading district. He and Mr. Clayton had been for many years intimate and inseparable friends, and motorling was one of their amusements. Mr. Clayton also has been a prominent figure in the trade of Mexboro’ for many years, and until his recent retirement managed the High Street branch of the provision firm founded by his elder brother, Mr. John Clayton. Mr. Dunn, who was for many years in the service of the L.N.E.R, as foreman boiler-maker at the Mexboro depot, retired only a month or two ago.

The Inquest

Conflict of Evidence Stories of Drivers and A.A. Scouts

Jury’s View: “Combination of Misunderstandings”

The inquest was held on Tuesday at the Pontefract West Riding Courthouse by Mr. Will Bentley and a jury. Mr. C. V. Walker, of Leeds, appeared on behalf of Mr. Clayton, the driver of the car in which Mr. Hillerby was travelling, and Col. W. Oldie, of Leeds, for Naylor, the driver of the other car; Mr. W. T. Scholes, also of Leeds, represented the A.A. Scout Taylor, who was on duty at the cross roads at the time.

Fractured Skull

Evidence of identification was given by George Willoughby, hydraulic valve worker, of 30, Hampden Road, Mexborough, deceased eldest brother, who says deceased owned a van but did not drive.

Doctor J.R. Robson, resident medical officer at the Pontefract Infirmary, gave evidence that when deceased was admitted at 4 p.m. on the previous Friday he was unconscious and suffering from a fractured base of the skull, a fractured right femur and abrasions of the hand. He died an hour later without having regained consciousness. Death was due to the fracture of the skull.

“Both Doing 40.”

The next witness was Joseph Arthur Taylor, of Ferrybridge, the A.A. Scout on duty at the time. The collision, he said occurred about 3:30 PM, and just before the impact he was walking towards the middle of the crossing from the A.A. box at the south-west corner, and was about 6 feet from the kerb. He then noticed the saloon car approaching from Pontefract. It would then be about 30 yards away, and was the only other vehicle on the road. He looked round to see the road was clear and saw the other vehicle, from Doncaster, and, like the other, it was about 30 yards away.

The Coroner: Can you express any opinion as to the speed of these two vehicles that time? – They would be doing 40.

What did you do? – I extended my right arm to stop the vehicle coming from Doncaster and motioned the other one forward.

And what happened? – They both kept going at the same speed and met in the middle.

The Collision.

Could you see exactly how the collision took place?—The car from Pontefract hit the near side, rather to the rear, of the car coming from Doncaster.

And what was the effect of the collision?— The saloon spun the tourer round, and the saloon turned half round and rolled over on to its side.

What happened to the occupants?—The driver of the saloon got out just as I got there. I then opened the door and helped the lady and boy to get out.

Were any of these three injured —I don’t think so.

What happened then – I went to the occupants of the other ear and found two men lying on the pavement 20 feet from the vehicle. I went to get my ambulance set from the A.A. box, and when I returned the doctor had come.

That was Dr. McCarthy, I understand – Yes.

Had he been summoned or was he passing? —He was passing.

Before the collision did you see either driver give any indication as to whether he had seen your signal?—No.

Did you hear any form of warning given? —No.

Did you hear any sound of the application of brakes?—No.

So far as you could judge did either of the ‘vehicles alter its speed from the time when you first saw them? – No.

Was the road dry?—Yes.

Witness explained that at the time he had just been to his box to obtain some plans for his sergeant. So far as he knew there was nothing to obscure the view of either driver? —No.

No Warning.

In reply to the Superintendent, witness said it would be about seconds previously that the last car from Pontefract passed through, but he did not recall how long before any traffic had passed from Doncaster. Both drivers could have seen him where he was standing. He had been performing road duties for two and a half years and was “a pretty good judge of speed.

You have made a study of it? It comes natural.

And when you say forty miles an hour you do so after a pretty good experience?—Yes.

Did either of the cars change its course?— No.

And judging by your description it was a very violent impact—lt was.

Yon also remember that neither motorist gave warning?—Yes.

Don’t you look upon it as necessary for a motorist to give warning when approaching that crossing?—Yes.

There were four danger signals near to the crossing, witness continued, one on each road, and all were in prominent positions.

The Superintendent: Had your signals been obeyed by the motorist coming from Doncaster would this collision have occurred?—No.

Did you consider 40 miles an hour a proper speed to go over this cross roads?—No, it is much too fast.

Have you ever before had the experience of a motorist passing you when your arm was outstretched against him?—

Mr. Walker: I don’t think that question is relevant.

The Coroner: I don’t think so.

There was a little discussion as to the order in which the solicitors should cross-examine and in reply to the Coroner Mr. Scholes suggested that the representatives of the two drivers should have the first opportunity. He was merely watching on behalf of the present witness.

The Coroner: In what way?

Mr. Scholes: It is possible that he might be imperilled later.

The Coroner: You mean that he might be to blame ?

Mr. Scholes was about to reply when Mr. Walker interposed, “I might say frankly, whether I’m right or wrong, I’m going to blame him.”

“Out of the Clouds.”

Col. Oddie: Would you expect any warning  from a motorist whom you had signalled to proceed ? – No.

And would you expect any diminution in speed ?—No.

Did you say to Mr. Adams (the owner of the saloon) afterwards that the car from Doncaster “came out of the clouds?”-,No.

The car from Pontefract was well on its own side of the road and did not slacken its speed, there being no reason for it to do so.

Answering Mr. Walker, witness said that the sergeant with whom he was in conversation just before the collision did not see the smash.

Mr. Walker: Do you know that a car going at 20 miles an hour goes 10 yards in a second ?—No.

Will you take it from me that it does?— Yes.

Then a car going at 40 miles an hour would do 20 yards in a second?—Yes.

So that if the cars were 30 yards away you had a second and a half in which to do something.—Yes. When I saw the car from Doncaster I signalled it to stop and waved the other to come on.

Why did you stop the car on the main road ? – I did not. There is no preference.

What ! You say there is no preference when one is on the Great North Road ?—lt is only a matter of courtesy. I

Why did you stop a man who was expecting to come on ?—lt was the best thing I could do.

Would it not have been better to leave them alone?—No._

At the request of Mr. Walker witness then demonstrated to the Court what signals he gave.

Supposing you had been on your point in the proper way, which road would you have closed?—The one I was facing.

Then why did you close the Doncaster road here.—l was nearer the Doncaster traffic.

Mr. Walker: No, you were not. Both cars were the same distance from you.

Collision Inevitable.

Replying to Mr. Scholes, Taylor said he had been on A.A. patrol for six and a half years, and that he had been stationed at this particular crossing for two years. As soon as he saw the two cars he realised that there was going to be a collision and he did what in his opinion was best. In answer to the foreman witness said the sergeant did not see the smash because he was walking towards his machine at the time.

A juror: Have you had any actual driving experience or is yours just experience in traffic control?—l have driven a car since I was 18 and a motor-cycle since I was 14, and am now 24.

The Coroner: In answer to the Superintendent you said you would not expect any warning from a motor car which you had signalled to pass and neither would you expect any diminution of speed?—Witness: Yes.

The Coroner: And yet, at the same time you say you think 40 miles an hour is an excessive speed to approach that cross-roads at?—Yes, but under the circumstances if the car coming from Pontefract could have gone faster and the other slowed down they would have missed each other.

You mean that having given him a signal to proceed you would have expected him to increase his speed?—Yes.

A. A. Patrol’s Evidence.

Frank Byers, AA, patrol sergeant, said that when he reached the crossing Taylor was in the centre. They went to the A.A. box for a few moments, and then witness went towards his machine, which was parked in an entrance to a field on the Doncaster side, and Taylor started to walk back to his point. Witness never saw either of the cars and heard no form of warning from either. His first indication of the affair was the noise of the collision, which came from behind him. On looking round he saw one ‘ car on its side and he ran to it and helped to get the passengers out. He saw two people on the road near the other car, and realising that they were seriously injured telephoned for a doctor and an ambulance. Witness did not notice Taylor give any signals, because he had his back to him.

By the Superintendent: He had had no experience in traffic regulation for some time except in supervising, but be knew those cross-roads well and would expect a motorist coming from either direction to give warning.

Col. Oddie: Even if he had been signalled on ?—Witness: Well, no.

In answer to Mr. Walker be did not think a car of the age and make of that coming from Doncaster would be noisy if it bad been well cared for.

Mr. Walker: As you walked back to your machine you saw the Doncaster road out of your left eye and the Pontefract road out of your right eye, and the speed of neither of these vehicles was such as to attract your attention?—Witness: No.

From The Saloon Car.

Mrs. Cannon said she was travelling in the saloon with her son from Pontefract Infirmary to Rawcliffe and Naylor as driving. Witness and her son were in the back of the car, which was travelling slowly on account of her son’s condition. As they approached the crossing she saw two scouts in the road and one of them waved them on with his left hand. She didn’t see anything else until the two cars collided. Their car turned over and the scouts got them out of the top. She sustained “some black eyes.” but her son was none the worse. She did not hear any warning from her car or any other. She had travelled frequently over the crossroads by bus.

She was no judge of speed, but she was sure they were not travelling at 40 miles as hour and thought they were travelling slowly.

In answer to Mr. Walker, she said the scouts were together when she first saw them and one of them signalled their car on. They were both standing together when the signal was given. She did not see any signal given to stop the Doncaster road.

After the Smash

police constable Munro, who arrived on the scene about 345, said he examined the cars and found the touring cars and break off and the vehicle badly damaged. He was 81 feet from the point of impact. The saloon be moved onto the footpath. It was also damaged, the radiator being badly bent, the safety glass broken, and the body damaged on the offside. He examined the marks on the road, but there were none to show from which direction during Cara come. There are time marks a distance of 40 feet from the point of impact to the point where the saloon was standing. It appears as though the car travelled brought site for 40 feet and had then turned over. The point of impact was in the centre of the crossroads. There were danger signs in each of the four roads, and there was a clear view of the Doncaster Road from Pontefract for 77 yards, and of the Pontefract Road from the Doncaster side for a distance of 90 yards.

In answer to the superintendent he agreed that they must have been a violent collision.

“Proceeding Cautiously.”

The driver of the saloon car, elected to give evidence, told the court that in travelling from Pontefract to Rawcliffe he proceeded cautiously owing to Canon’s condition, and did not exceed 20 miles an hour. There was a motor lorry proceeding the car as it approached the crossing, and after that had been signalled by Taylor to continue witness also receives a signal to proceed. There was no mistake about it, and he took it that the road was perfectly clear for him and did not alter his speed. Witness did not see Taylor make any signal for traffic coming down the Doncaster road, and he did not see the other car until after the collision, as a result of which is owned vehicle was, by a “terrible not,” sent on to its side.

Col. Oddie: Did your own car skidded in any way. It was too fast remember. But did you see marks on the road? – Yes.

And did the marks indicate that you have been skidding – Yes:

In which direction? – To the left, in the direction of Ferrybridge.

Owing to witness receiving a “come on” signal from the A.A. patrol he did not sound his horn.

Supt. capstone: but don’t you always sound your horn at crossroads? – Only when there is need for it.

Not even for your own safety? – At times, but not in this case. Witness added that he had always sounded his horn when no scout was on duty.

If you had done on this occasion don’t you think it would have made a lot of difference? – No.

If you had both given mourning do you think this accident would have happened? – No.

Would you expect a car going in 20 miles an hour to go 40p feet after the impact? – Yes.

The Coroner: what is the weight of your car – Two tons.

The Superintendent: How fast will it go? – About 60.

By Mr Walker: The sergeant was standing with the Scout when he gave the signal and must have seen it. He was not walking away to his machine as stated on oath.

In reply to the coroner witness said he was “beyond” 40 yards in the crossroads when he received a signal.

Mr Walker: If the Scout had, by giving the signal, closed the Doncaster Road would you have seen it? – Yes.

But you did not see such a signal? – No.

Mexborough Drivers Version

Mr Ernest Clayton, the other driver, whose left hand was heavily bandaged, also made a voluntary statement. He had, he said, driven for 23 years and had not previously had an accident. He was 50 or 60 yards away from the crossing he saw the other car, but he was so far up the Pontefract Road that he did not for a moment regarded as likely to cause danger. There were two scouts at the crossroads, and they were standing and talking as though off duty.

Mr Walker: Was any sign given to you not to go over the crossroads? – No.

And would you, was 20 years experience be such a madman as to ignore and A.A. Scout signal at crossroads? – No.

Mr Clayton added that he still regarded the other Has been too far away to be dangerous, but on getting onto the crossing the collision took place as stated.

The Supreme: Would you not have each other in view for 60 or 70 yards? – I don’t know.

Why didn’t you pull up? – I was well in front.

Is it not very likely you man thought the same? – The reason he did not pull up is because he did not see me. He has admitted it. He must have accelerated rapidly after he got his signal.

Colonel Ollie: What speed we going? – As I approached the crossing I was travelling at 23 of 25 miles an hour, when I was on the crossing I was going at 18 or 19 miles an hour.

A “Combination of Misunderstandings.”

The Coroner said that for nearly 3 hours the jury had listened to a very detailed account of the circumstances of Hillerby’s death. The facts were short but the distinction between the evidence of the different parties were more complicated than in the average case. Here they had not only the evidence of both drivers but also of A.A. Scouts. The jury’s finding should been one or two forms. Either they would find that Hillary’s death was a pure accident resulting from a misunderstanding and that no person was to blame, or they would find that his death was due to culpable and criminal negligence of someone or more of the persons involved. The jury might, however, think that the death was not due to any of the circumstances but some omission on the part of someone, in which case there but it would be one of misadventure, and they would could add what they thought necessary of the person concerned.

The status of an A.A. Scout was not exactly that the police of regarded as official in charge of the crossroads, for if any person drove deliberately against the signal and a driving resulted in death or injury it would be difficult for that person to escape the consequences of such action. An A.A. patrol was also correspondingly responsible for taking due care of the young to be paid from public or private funds.

After retiring, the jury returned a verdict of “Accidental death,” the former remarking that they were of the opinion that the collision was due to “a combination of misunderstandings.”