Mr. Justice Goldie.
—
Scathing criticisms of the treatment of drivers by a road transport company were made by Mr. Justice Goldie during the trial of Albert Johnson, a lorry driver, at Guildford Assizes yesterday. Johnson was charged with manslaughter following the death of a cyclist whom he knocked down and fatally injured near Albury on March 28th. Johnson did not deny that he was driving to the danger of the public, but pleaded that his condition was due to circumstances beyond his control. Police witnesses gave evidence that the lorry driven by Johnson was proceeding in an erratic manner down a fairly wide road at about 30 miles an hour. There was a cyclist in front of it, travelling in the same direction, and a private car coming towards it. Swerving to make way for the private car, in what the witness described as "an unnecessarily exaggerated manner," the lorry struck the cyclist and caused fatal injuries. The police surgeon who subsequently examined Johnson described him as being "apparently intoxicated, although there were no signs of alcohol on his breath." "I was not drunk," said Johnson, giving evidence on his own behalf. "I was simply tired out. We are sent out on long journeys and forced to complete them at an average of over 30 miles an hour, including stops for food and rest. "Most of our work is done at night, but we are frequently compelled to make long day journeys as well. "During the week when the accident occurred, I had only had four hours' sleep. "It is no good protesting, because the company can always find plenty of unemployed drivers to take our places." Other employees of the Flager Road Transport Company, which employs Johnson, corroborated his statement. "This is nothing more or less than modern slavery," said Mr. Justice Goldie, directing the jury to return a verdict of Not Guilty. "It is not Johnson, but Sir Melvin Flager, the managing director of the company, who ought to be in the dock. "You have only to put yourselves in the position of having gone for a week on four hours' sleep, with the added strain of driving a heavy truck throughout that time, to be satisfied that no culpable recklessness of Johnson's was responsible for this tragedy. "I would like to see it made a criminal offence for employers to impose such inhuman conditions on their employees."
Sir Melvin Flager was not unnaturally displeased by this judicial comment; but he might have been infinitely more perturbed if he had known of the Saint's interest in the case.
Certain readers of these chronicles may have reached the impression that Simon Templar's motives were purely selfish and mercenary, but they would be doing him an injustice. Undoubtedly his exploits were frequently profitable; and the Saint himself would have been the first to admit that he was not a brigand for his health; but there were many times when only a very small percentage of his profits remained in his own pocket, and many occasions when he embarked on an episode of lawlessness with no thought of profit for himself at all.
The unpleasantness of Sir Melvin Flager gave him some hours of quite altruistic thought and effort.
"Actually," he said, "there's only one completely satisfactory way to deal with a tumour like that. And that is to sink him in a barrel of oil and light a fire underneath."
"The Law doesn't allow you to do that," said Peter Quentin pensively.
"Very unfortunately, it doesn't," Simon admitted, with genuine regret. "All the same, I used to do that sort of thing without the sanction of the Law, which is too busy catching publicans selling a glass of beer after hours to do anything about serious misdemeanours, anyway… But I'm afraid you're right, Peter — I'm much too notorious a character these days, and Chief Inspector Claud Eustace Teal isn't the bosom pal he was. We shall have to gang warily; but nevertheless, we shall certainly have to gang."
Peter nodded approvingly. Strangely enough, he had once possessed a thoroughly respectable reverence for the Law; but several months of association with the Saint had worked irreparable damage on that bourgeois inhibition.