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The trial of John Brook 29, lorry
driver, of Southward Park Road, Bermondsey, who is charged with the
manslaughter of a policeman and a married couple and their daughter, was
opened at Herts. Assizes, Hertford, yesterday. He pleaded 'Not Guilty'.
The accident occurred on Barnet Hill as persons were leaving Barnet Fair
on the night of September 7. Those who lost their lives were:- Police
constable James Warrender Thompson, 32, of Barnet; Mr William Arthur
Hudgell, 41 and his wife, Minnie, 41 of Campsbourne Road, Hornsey; and
Jean Marjorie, their daughter, aged 8.
Mr J D Cassels, K.C. who appeared for the prosecution, said that
Thompson's duty on the night that he was killed was to shepherd people
across the main road, and it was while he was doing it that the lorry and
trailer - a six wheeled vehicle - laden with cement and driven by Brook,
was seen to be coming down the hill. It passed some stationary vehicles
which were on its near side, mounted the pavement on its offside, taking
up about three or four feet of the pavement, and ran into a crown of
people on the pavement who were being rather held back by Thompson.
It knocked them down, came off the pavement, and came into collision with
a car which tried to get out of its way, turned that round, and then
came into collision with another car, which it also turned round.
Then the lorry went on towards the bottom of the hill and came to a
standstill on the left side of the road.
I did all I could
When spoken to by a police officer who ran after the lorry, continued
counsel, Brook said; 'I did all I could. I was in third gear, and it is
still in it now.'
He added that there was nobody else on the lorry. That was not quite
accurate, because there were on the drivers seat with Brook three other
men when he came down the hill, but after the accident and after the lorry
had stopped they had thought it better to run away.
Brook was asked about his brakes, and the condition of the brakes would be
a matter to which the jury would have to devote a good part of their
consideration.
Brook said; 'I put them on; that is all I remember.' The lorry's unladen
weight was 3 and a half tons and it had on it six tons of cement.
There was no question of drink in the case.
Robert Blake, a garage assistant at a cafe in St Albans Road, South Mimms,
who had been driving with Brooks on the day of the accident, was asked by
Mr Cassels 'Was there any difficulty with the brakes while you were
driving with him?' and Blake replied; 'There did not
seem to be any difficulty at all.
Frederick Charles Stanton, motor drivers mate, of Ordell Road, Bow, said
in evidence that he asked for a lift to Barnet Fair, and he and two
companions got into the cab of the lorry.
Mr Cassels. - Did the presence of you three men sitting alongside the
driver in any way interfere with the drivers control? - No Sir.
The witness said that they approached the top of Barnet Hill at about 20
miles an hour and just over halfway down the speed increased to 25 to 30
miles an hour. Just over halfway down, as they were gaining speed, Brook
yelled that his brakes were gone and swerved to the offside of the road.
The witness could see him going straight for the pavement, where the
police constable and pedestrians were. 'As he got near the kerb the
witness turned round and shut his eyes. The witness felt a lot of jolts,
got out when the lorry stopped, and seeing a crowd of people lying injured
in the road he ran. The witness added; 'I was sort of dazed and I went
away. On the following morning I communicated with the police.'
Police constable Foster, giving evidence, said that Brook told him there
was no one on the lorry, with him. The witness told him that he was a liar, and he said, 'Yes I had two chaps
on. I don't know who they were.'
Police Constable Kerrison gave evidence that he estimated the speed of the
lorry as it came down the hill at 40 miles an hour.
The trail was adjourned until today, Brook being allowed bail.
Follow-up reports:
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