Another Informality: John Pinsont, farmer of, and Henry Baker, baker, of Bovey Tracey were charged by P.C. Endacott with furiously riding through the streets of Newton on Wednesday night, the 27th of November. Complainant stated that he was standing near the Post-office about half-past seven he saw two defendants start from Magor’s Hotel up Courtenay-street at the rate of 10 miles an hour. They went as far as the tower and returned again not less than 12 miles hour. They appeared to be racing; hundreds of people … … the matter was. In cross-examination by Mr. Creed, who appeared for the defendants, the witness said he attempted to stop … … no good, though he thought they were a little in liquor. Elias Angel, fellmonger, confirmed most of the particulars in complainant’s statement: Sergt. Nichols said was at his office about half-past seven in the evening and heard horses going at a furious rate. He went out, but by the time he had reached the front door they had returned and were galloping down the street. He followed far as Magor’s, when he saw Endacot leading Baker’s horse by the head. … … hesitation gave his name. Pinsent afterwards came back from the Kingsteinghton road, the constable leading his horse. Hundreds of people were in the streets, and the excitement was considerable. Defendants were not drunk: The advocate for the defences said he had objections to raise, first, as regards the summonses, which were taken out under the 5th and 6th William IV. sec. 78, cap. 50 instead of under the Health of Towns Police Clauses Act: Now, singularly enough, the Act only provided a penalty for furious driving, and not a word was said about furious riding. Coke, in his synopsis, drew attention to the same fact. That was one objection. Another was that in order to convict it must be shown that the parties offending must be riding so as to endanger the lives or limbs the public using such highway. Now it was not contended that anyone was endangered by the defendants even if it were proved satisfactorily that they did ride fast, for on the complainant’s cross-examination he put it to him whether anyone was crossing the street or was in danger of being rode over, and he replied “No.” He contended, therefore, that the case entirely failed. A long and desultory conversation ensued between the magistrates and Mr. Flamank, the clerk—the latter pointing out that the objections were valid. Admiral Wise, who signed the summons, wanted to know the reason he did not show those objections to him at the time instead keeping his mouth shut and raising all those quibbles now? It was conduct he could not understand and was not becoming a magistrates’ clerk whose duty it was to assist the magistrates as much as possible. Mr. looked “daggers,” but failed in words to give a satisfactory explanation. There was a good deal of law turned over on the matter, but there was help for it — the case must be dismissed: And so it was.
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