An inquest was held at Castle Bromwich on August 26th 1908 by Mr. J. J. Wilmhurst on George Foden (56), hay tusser, of The Green, Castle Bromwich, who died on Saturday as the result of injuries sustained in a motor-car accident some weeks previously. Foden was sexton at the Parish Church for several years. Mr. Norris Foster appeared for the relatives, and Mr. W. H. Riley-Pearson represented Mr. Vickers of the Wolseley Motor-car Company, driver of the motor-car.
Allen Stephen Foden said that his father’s hearing and eyesight were good. On June 23 witness and his father worked together at Bromford, and at 5.30 in the evening cycled home together. Everything went well until the hill leading into Castle Bromwich was reached. His father dismounted at the hill and proceeded to push his machine. Witness had been riding behind his father, but at this point he passed him. His father was in the middle of the road when he passed him, and immediately after he noticed a motor-car coming in the opposite direction. Before the car had got out of his sight witness heard a bump, followed by a grinding noise. He dismounted, and on turning round saw his father’s cycle by the side of a wagon which was in the road.
He lifted his father to the side of the road, assisted by one of the occupants of the motor. There were two persons in the car at the time, and it stopped on the footpath. The cycle was not damaged. The wagon proceeded on its journey and deceased was taken home in a trap. He was put to bed and a doctor was summoned. His father was quite conscious when picked up but did not say anything respecting the accident. He had marks on the forehead and nose and a wound on the leg. At the time of the accident the driver of the car said that the deceased fell off his cycle, but to this witness replied that the motor knocked him off. On arriving home his father explained that the car was going at such a rate that he was unable to get out of the way. Dr. Cooke, when he arrived, said the deceased was suffering from a fractured rib, a punctured lung and perforation of the heart covering. The next day he appeared better, but during the last fortnight his condition became worse, and he died on Saturday last.
By the Coroner: The car was going “tremendously fast;” between forty and fifty miles an hour. He did not hear any warning given of its approach. A day or so later witness met Mr. Vickers taking photographs close to the scene of the accident. He then expressed his sympathy with the family.
In answer to Mr. Foster witness said there was nothing to obstruct the motorist’s view of the road. The car was in an unfinished state.
Ernest Gibbs, of Reddicap Heath, Sutton Coldfield, said he was cycling up the hill in question when he heard a crash, and on turning round saw Foden lying in the roadway. The car was still moving on the footpath, and witness went to the injured man’s assistance. The motor was travelling too fast; perhaps 24 or 25 miles an hour.
The inquest was adjourned until Friday, September 11.
On Friday afternoon, September 18th, the adjourned inquiry took place into the circumstances connected with the death of George Foden (56), labourer, living at the Green, Castle Bromwich, who was knocked down by a motor-car on June 23rd and died on August 22nd. The accident happened in the Birmingham Road, Castle Bromwich. The inquest which was opened a fortnight previously in the parish rooms, was again conducted by Mr. J. J. W. Wilmshurst (Coroner for Central Warwickshire). Mr. Norris Foster (instructed by Mesrsr. Phillip Baker and Co., Birmingham) appeared for relatives, and Mr. W. H. Riley-Pearson (instructed by Mesrs. Springthorpe, Holcroft, and Tiernay) represented Mr. Vickers, of the Wolseley Motor-Car Company, the driver of the car. Superintendent Hannah, of Aston, Deputy-Chief Constable of Warwickshire, was also present.
When the inquest was opened a fortnight previously the evidence was to the effect that deceased and his son, Allen Stephen Foden, were cycling home from their work in the evening. On Reaching a hill deceased alighted, whilst his son cycled on. At the top of the hill the son saw a motor-car coming towards him. It passed him, and before it got out of sight he heard a “bump and then a blinding crash.” On going back he saw his father’s machine near a wagon, and deceased was lying on his side about ten yards beyond the cycle. One of the occupants of the car said deceased had tumbled off his bicycle but witness remarked at the time that he must have been knocked down. Afterwards deceased told his son that he only wished the car had been drawn up sooner to enable him to get out of the way. With regard to the speed of the car, the song described it as “Terrific” – between forty and fifty miles an hour.
Another witness, a cyclist named Ernest Perks, of Sutton Coldfield, estimated the speed of the motor-car at about twenty-five miles an hour. On Friday the depositions of deceased were put in. These were taken the day after the accident, and in them deceased said he tried to pass the wagon, turning round from the back of it, and he ten saw the car forty or fifty yards away and coming towards him. He managed to get off his bicycle, and then “something struck him and sent him flying to the ground.” He thought it was the wagoner’s fault as much as the fault of the motorist. The wagon did not give him much room. In cross-examination by Mr. Riley-Pearson, deceased’s son said he did not agree that the wagoner was as much to blame as the motorist. His father was in such a condition when the depositions were taken that he would not know what was right.
Charles Henry Irons of the Green, Castle Bromwich, who was driving a horse and trap along the Birmingham Road on June 23rd, said the motorist sounded his horn as he approached him, but he did not hear it afterwards. Witness drove Foden home after he had been injured and on the way he said he saw the motor coming towards him and tried to get off his machine, but before he could so it knocked him down. Witness estimated the speed of the car at about twenty-five miles an hour. The wagoner, Leonard Elsmour of Minworth, said he did not see any cyclist about. As soon as he heard the motor horn he pulled his wagon to the side of the road.
William Henry Prince, of 23, Hall Road Saltley, a motor engineer in the employ of the Wolseley Motor-car Company, said he was in company with Mr. Vickers on June 23rd, when the later was driving a 30-horse-power car back from Leamington. They drove slowly through Castle Bromwich at about fifteen miles an hour. When they reached the top of the hill they were travelling at the same pace. A hundred yards down the hill witness saw a wagon approaching. He next saw two cyclists following about ten yards behind the wagon, and then he sounded the horn several times. One cyclist overtook the other, and came up past the wagon. He was by the horses’ heads when the car passed him. The rider behind turned out from the wagon, and at this moment the car was travelling at about twelve miles an hour.
The cyclist was wobbling, and did not appear to be a good rider, but he was not in any immediate danger. He seemed to be losing control of his machine, and accordingly the driver of the car swerved on to the footpath to give him more room. The only result was that the cyclist wobbled more than ever. He could not keep his balance and fell over towards the footpath at the back of the car. When he fell the front part of the car had passed him. Witness thought deceased must have fallen towards the car and struck the back hub cap. He was neither pushed nor dragged along. Deceased’s son came up. Witness could not exactly remember what deceased said, but it amounted to a statement that those in the car were to blame. He offered to fetch a doctor and informed the police, who inspected the scene of the accident. He gave the police every information. Deceased did not say anything about driving too fast, and he could not recall that anything was said by the son about speed. —Answering Mr. Norris Foster, witness said the car was being tested for quietness and not for speed. He accounted for the accident by the deceased falling into the car. He did not lose his balance through the car striking him.
Police-constable James Ross, of Castle Bromwich, said Mr. Vickers gave him information of the accident. He stated that he had met a wagon and two cyclists, and in passing the wagon one of the cyclists tried to dismount. In doing so he fell towards the car. Witness afterwards saw the deceased and asked him how he accounted for the accident.
He replied “I was trying to get off my bicycle at the bottom of hill, and before I could get out of the way the motor-car ran into me.” When asked if he was riding on his wrong side deceased said he was in the middle of the road, as there was a wagon on his side. He added that the car seemed to be going fast. Mr. Vickers, whom witness also questioned, estimated the speed of the car at between twelve and fifteen miles an hour. The inquest was adjourned till Wednesday, when further evidence was taken.
Dr. W. Cook, of Water Orton, described the results of a post-mortem examination, and said he had no doubt that death was attributable to the injuries received in the accident. Those injured included some fractured ribs, a perforated lung, and a fracture of the pelvis. The immediate cause of death was heart failure, following upon shock and exhaustion. It would require considerable force to produce the injuries. Dr. Wall, of Coleshill, said he saw the deceased after the accident, and was present at the post-mortem, and his conclusion was that there was nothing in the nature of any of the injures to account for death nine weeks following the accident. As to the cause of death, he would be a very bold man who could say what it was, judging by a post-mortem made four days after death had taken place. The post-mortem appearances were consistent with sudden heart failure, which might be due to any such cause as vomiting. They were not consistent with gradual heart failure.
Edmund Vickers, the driver of the car, said he was proceeding down the hill out of Castle Bromwich at the rate of about fifteen miles an hour. Seeing two cyclists and a wagon about 120 yards away, he slowed down and pulled towards the side of the road. When he approached the wagon he was travelling at ten miles an hour. Deceased was wobbling behind the wagon Witness drove one wheel of his car on to the footpath, and when he did so the deceased was still on his machine. He tried to get off, but lost his head and fell. After they had passed deceased the car proceeded for about seven yards. There was room for the cyclist to pass if he had not wobbled. Expert evidence was given as to the effect of the driving of the car on to the grass at the speed which had been alleged, and that the car was travelling at about fifteen miles an hour, and the inquiry was again adjourned for a fortnight to secure the evidence of the nurse who attended deceased.
The Coroner’s inquiry concerning the death of George Foden, hay tusser, who lived at The Green, Castle Bromwich, was resumed on Thursday, 1 October, at the Parish Rooms, Castle Bromwich by Mr. J.J. W. Wilmhurst (Coroner for Central Warwickshire). The inquiry had been adjourned three times. Mr. Norris Foster, (instructed by Messrs. Philip Baker and Company) again appeared for the relatives, and Mr. W. H. Riley-Pearson (instructed by Messrs. Springthorpe, Holcroft, and Tiernay) represented Mr. Vickers of the Wolseley Motor-car Company, the driver of the car.
Annie Evans, a nurse attached to the Birmingham Nursing Institute, for whose attendance the inquest had been adjourned, said that Foden told her that while he was cycling a wagon was going up the road, more in the centre than it should have been, and not exactly on its right side. Seeing a motor coming, he did not think there would be room for him to pass, and he got off his machine. He considered that the wagoner was as much to blame as the motorist. She never heard Foden say anything about the motorist going too fast.
After consideration for about an hour, the Jury found: “That the deceased died from injuries caused by a motor-car, brought about from misjudgement of the driver, who had attempted to pass the deceased in a critical position, the jury being of opinion that the driver had opportunities to pull up.”
The Coroner: I take it, gentlemen, that this is a verdict of death by misadventure.
The Foreman of the jury added that the jury were further unanimously agreed that the Coroner be asked to make strong representation to the Chief Constable of Warwickshire concerning the abuse of the roads in Castle Bromwich district by motor-car drivers; and further that the jury was further of the opinion that if the Chief Constable put into force the powers at his command, relentlessly prosecuting in flagrant cases, immediate and considerable diminution of danger would be effected.
George Foden was born in Minworth in 1852, the son of William Foden and Jane Hiley. He married Sally Bromage in 1874 and raised two sons and three daughters.
