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John Brook, lorry driver, of Southwark Park Road, Bermondsey, S.E. again
appeared at the Barnet (Herts.) Police Court yesterday, on a charge of the
manslaughter of the four persons who were killed when his motor lorry ran
on to the pavement at Barnet Hill on the night of Saturday, September 7.
The four persons killed were:- Police Constable James Warrender Thomson,
of Mays Lane, Barnet; Mr. William Hudgell, and his wife, Mrs Minnie
Hudgell, of Campsbourne Road, Hornsey; and Jean, their daughter, aged 10.
At the inquest on September 12, the coroner committed Brook for trial at
Hertfordshire Assizes.
The jury at the inquest expressed application of the gallant action of
Police constable Thomason in sacrificing his life in the execution of his
duty. He tried to keep back the crowd when he saw the lorry approaching.
Mr. Gwatkin, for the Director of Public Prosecutions, said that Brook was
staying at a cafe in South Mimms, his family being away. On the evening of
September 7 he decided to go from South Mimms to his home at Bermondsey to
obtain some fresh clothes. As he was about to leave three men asked him
for a lift, and he agreed to take them in his six-wheeled lorry. Two of
the men sat beside Brook and the third on the knees of one of the other
men. That was contrary to regulations, but it did not obscure the drivers view
of the road.
At Barnet Hill his speed was 20 to 25 miles an hour, although the
regulation speed was 20 miles an hour. Opposite the police station he
applied his brakes to go down the hill but found that they did not act.
He saw in front a tramcar and behind it two lines of stationary vehicles.
Thomson was directing the traffic. Brooks had stated that he realized that his vehicle was out of control,
and he endeavoured to pass the tramcar on the offside.
In doing so he mounted the kerb, knocked down Thomson, Mr and Mrs Hudgell
and their daughter, and injured two or three other people.
Condition of Brakes
Mr Gwatkin said that on the day following the accident Brook stated that
his brakes would not act and he had to pull round the tramcar .He felt a bump and saw the policeman, but did not realize he had hit
anyone. His lorry was in third gear. There was no suggestion that Brook
was under the influence of drink. Examination of the brakes showed those
on the off side to be in order.
On the nearside the brake block of the front wheel was stripped and the
driving wheel smothered in oil and mud.
As there had been no rain that day that condition must have existed for
some time.
If you come to the conclusion,' added Mr Gwatkin, 'That this man ought to
have known the condition of his brakes, I think you will be justified in
sending Brook for trail for manslaughter. If you think he had no
reasonable means of knowing their condition then you will not commit him.
He has been committed already on the coroners warrant, but that, I submit
has nothing to do with these proceedings'.
Evidence was then called
Frederick Charles Stanton, lorry drivers mate, of Bow, said that he and
two friends got a lift with Brook to go to Barnet Fair. As they were going
down Barnet Hill Brook yelled out that his brakes had gone. The lorry
increased its speed, and Brook pulled to the offside of stationary
traffic.
I saw a constable on the kerb with his back to us,' said Stanton. ' I
realized that there must be an accident and I shut my eyes. I felt a lot
of jolts and heard screaming, but what happened I could not say. I was so
unnerved that when the lorry stopped I got out and ran away.'
Mr H. Payton (defending) - If the brakes had been working properly he could
have pulled up easily at the speed he was going?
Stanton - Yes. Police Constable Yeo said that the lorry occupied about
three or four feet of the pavement as it swept by the tramcar. He saw
seven or eight people lying in the road after it passed.
The case for the prosecution was concluded, and Mr Payton, for the
defence, submitted that the evidence did not warrant committing Brook for
trial for manslaughter. If they thought Brooks explanation true that his
brakes unexpectedly failed to act, they ought not to commit him.
Did he know that the brakes were out of order?
He had previous had a long trip through Sussex and, according to the boys
who accompanied him, there was no trouble with the brakes.
After a brief retirement, Mr W Stutters (chairman) announced
that the Bench had come to the conclusion that it was a case for a jury
and they committed Brook for trail at Hertford Assizes on the charge of
manslaughter.
Brook, who pleaded 'Not Guilty' and reserved his defence, was allowed bail
as before. The Bench granted him a certificate for legal aid.
Follow-up reports:
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