17 JANUARY 1936, Page 14

.MARGINAL COMMENTS

By ROSE MACAULAY

AVERDICT of interest to motorists was given, by direction of the judge, at the Old Bailey the other day, when Lord de Clifford was declared not guilty of dangerous driving. As was admitted at the manslaughter trial which had preceded this, two cars had collided on the Kingston by-pass owing to one of them being driven on the wrong side of the road. The other car was on its right side, and, according to a police witness who had seen it pass earlier, was being driven in perfect control.

The driver of this car was killed; that of the other acquitted not only of manslaughter but of dangerous driving. After a parade of mummery and pantomimery, which seems to be the fault of no one but the law of the land, and in reporting which the newspapers seem to have noticed every detail but the tragic one that an innocent man had lost his life, the defendant is acquitted 011 both charges, without even a suspended or an endorsed license.

It would appear that driving on the wrong side .of the road is considered by the law less dangerous than other motoring crimes for which drivers are fined, endorsed or imprisoned ; less so, for example, than taking a corner too fast, for which a woman last year received a sentence of nine months. It is to be hoped that this will not encourage the practice, already far too common, of off-side driving. Selfish drivers continually drive on the crown, or over the crown, of the road ; perhaps they like to feel in a position to overtake anything ahead, or to keep cars behind from overtaking them, or simply feel more comfortable there. Anyhow, as everyone knows, it is a common sin. Lord de Clifford's counsel said, at the House of Lords trial, that it was no evidence of negligence ; possibly it is -more often evidence of reckless selfishness, stupidity and bad - manners: seems a pity that Mr. Justice Charles uttered no word" of warning or disapproval of this bad habit at the' OM Bailey trial. Instead, he reserved his reproof for those who had caused Lord de Clifford " annoyance "—by writing him anonymous letters. There certainly seems no reason why Such letters should not be signed but the fact that a little annoyance has been caused to a defendant otherwise so fortunate, and who has been the cause of so tragic a misfortune to others, scarcely seems worth his counsel's public complaint. In any case, Lord de Clifford, photographed walking out of court, had the air of a thoroughly happy man ; perhaps a graver expression of face might have been more suitable to the circumstances, but one supposes that acquitted persons do feel Cheerful, whatever tragedy may have led to their trial.

The laws by which motoring offences are tried certainly seem to be in a state of confusion only matched by the traffic chaos itself. One driver may be fined and endorsed for driving at thirty-two miles an hour through a built-up area, but regularly does forty through the ParkS with impunity. ; another for leaving his car about too long or in the wrong place, though a whole queue of unsum- monsed cars surround him ; another for smelling of drink ; another, who runs down someone on a pedestrian crossing or drives against the traffic lights, is let off altogether. I am not sure myself (I speak as a motorist) that motoring on the public highways should not be in itself a punishable offence, and that, in a better world, it would not be so. So the confusion of our legislature in the matter is 'excusable. Still, it does seem' clear that to drive on the wrong side of theroad cannot be right: