On 15 August 1935, Lord de Clifford was involved in a high-speed head-on collision which caused him injury and killed a 26-year-old driver in
Surrey, Douglas George Hopkins, while driving his sports car on the wrong side of the road. When a jury in the
coroner's court found unanimously that an 'accident involving others' was the cause of death, and that he had been well beyond the speed limit, the police charged him with a
felony. At first he was
indicted and committed for trial at the
Old Bailey, until it dawned on the courts that, as he was a
peer of the realm, only the House of Lords could try him for a felony. Since this had not occurred since 1901, when
The 2nd Earl Russell was convicted of
bigamy, the House set up a
select committee to investigate the precedents and rules for such a proceeding. The trial commenced on 12 December, with the
Lord Chancellor,
Lord Hailsham, presiding, in the capacity of
Lord High Steward appointed by
the Crown for the occasion. The
Attorney General prosecuted the case. Admission to the public was by ticket only. This was to be the last ever trial in the House of Lords, since the right of peers to be tried by their peers for felonies was abolished by the
Criminal Justice Act 1948. (The House still has the power to try
impeachments.) Lord de Clifford's defence was that Hopkins's vehicle had been travelling at excessive speed on the wrong side and that de Clifford had been compelled to switch lanes at the last moment to avoid a collision, only for the other vehicle to do the same. This defence was successful and he was acquitted. Lord de Clifford still faced another charge of dangerous driving, which was not a felony and therefore could not be tried in the House. He was due to be tried in the Old Bailey in January. However, in view of his acquittal, the prosecution abandoned their case and a verdict of not guilty was entered. He made no more speeches in the House of Lords for nearly forty years. ==Life after the trial==