MANSLAUGHTER CASE.

Auckland Star, Volume XXV, Issue 222, 17 September 1894, Page 2

MANSLAUGHTER CASE.

JAMES BEARD" SENTENCED

: SIX: MONTHS' IMPRISONMENT

WITHOUT HARD LABOUR.

The Supreme Court was Prowd!f oout"Mft "M morning by persons who were »"»«£ bear the sentence passed upon J&mea Beard, who was found guity on Friday night of manslaughter in, f"™f? a with the' death-of the, boy W Harb McCullough.- The ■,ladies o g^^g densely packed, and even t^.Dum, ,bers werV unable to .gain admission. As before" Mr J. A. Tote;appeared for the Crown and Inspector, Hiekaon.was also present. For the defence MrTheo. Cooper appeared in conjunction with Mr J., a. ® HJTHonor Mr J*of™£**^ seat at 10 o'clock, and \h c /nsoner was called upon to state whether he hart anything to say why the j)f the Courb should not be pronounced upon him Mr Cooper said : I propose to address the Court on behalf of the prisoner, and also_to call evidenca a* to his character and to his successful, treatment of numeroua cases h6His Honor: I shallnob admib evidence, as to his successful treabmenb of' cases.^ Ine charge against this man is that through Snorance he killed this boy The jury found him guilty o,f thab charge, and, rather singularly, they recommended him to mercy on the very ground of his ignorance. Now you propose to call evidence to show thab he is nob ignoraab, and I shall nob accept it. ~ Mr Cooper: The jury recommended mm to mercy on the grounds of insufficient knowledge. ' . His Honor : I take it that the jury were satisfied he was ignorant, and I cannot admit evidence to show he was not ignoranbl. , , ~ . Mr Cooper : Will Your Honor admit evidence to show the accused has been careful in the treatment of other cases ? His Honor: No; I shall decline to receive such evidence. I will receive anything to show reasons for mitigating the punishment. If he did good to five or fifty people it would nob alter this case. There never was an impostor yeb who was nob believed, in. If such men were not believed in, they could not succeed. ... Mr Cooper : Will Your Henor admit evidence as to the prisoner's general character for carefulness ?' .- , Hia Honor: Ib is very hard to say whab kind of evidence will be admissible in a case of this kind. Mr Cooper : I wanb" to place some material to show that the prisoner has been careful in other cases, evidence which will tend to prove that he bad nob in any sense the intention of doing harm. Of course, we musb accept the jury's decision, bub I would like to show* there was no evil intent on the part of fhe prisoner. ' _ ' Hia Honor: I told the jury so myself. MrCoopar: I would also like.to Bhow bhab he was nob an impostor. His Honor : I think he ia. I think any man who, without any attempt at an examination, pretends, to know the state of ihe internal orguns of a patienb, ib an impostor.. , : Mr Cooper: We could bring people to show.thathehas properly described their condition. His Honor : No doubb ; there .are people who believe if you send a lock of your hair your complaints can be ascertained and prescribed for. , aMr Cooper: Will Your. Honor accept evidence as to his general character and to show that he has done people good ?^ His Honor: I have no doubb be did hia best for this boy according bo his lights. It is very difficulb bo know whab can be admitted. All you can give is a good character for nob killing people. I will not allow anyone to get into the boxaud say .they believe in bhab man. lam not going to allow this man bo be adverbiaed here. Mr Cooper : Will Your Honor go to the extent of allowing witnesses to state that they had been under the prisoner's care with successful reßults? His Honor: I will nob allow them to speak as to the latter part. Mr Cooper: Then I will call evidence a»B bo general oharacter. Hia Honor: Very well, but leb them take care not to apeak ac to results. Mr Cooper : Of course I cannot tell what they may say in evidence. His^Honor: They hear what I say, and they must 'nob transgress". If they do I shall commit thorn for contempt of Courb. So leb them beware. Mr Cooper: I think after Your Honor's remarks ib would be unwise for' me to call any evidence. His Honor: Very well if you cannot trusb them. Of course you are nob responsible for them in Court. Mr Cooper: My wish was to call evidence as to the prisoner's general kindnoßS in the treatment of his patients. His Honor : I have no reason to doubt the prisoner's kindness of disposition bub the fact remains that through his ignorance the boy waa killed. ~ A PLEA FOR MERCY. Mr Cooper said he proposed to address His Honor in mitigation of the sentence. All must admit that this waa & most; unfortunate case. 'He appeared there on behalf of a prisoner who had been convicted of manslaughter. The fact that the law left ib at the discretion of the Court in cases of maneilaugktor to pass almost any sentence, showed thab ib was the intention of the Legielaturo to leave it to the Courb to deal with each particular case upon its particular merits. The power allowed to the. Judge under the bow Criminal Code Act was very great indeed. The Judge mighb either sentence a man to imprisonment with bard labour for life, or he mighb bring down the sentence bo.a fine. Thab was left absolutely to the discretion of the Judge. In dealing with the facts of.the case he would accept them as stated by His Honor when summing up the evidence no the jury—that the accused in treating this boy had nothing bub good intentions. True it was a most unfortunate mistake, bub be submitted that it was nob a case that called for any serere punishment. Cases of this description had come before criminal courts previously, and he proposed later on to quote some of the sentences passed by English judges Fu similar cases. He did not for one moment pretend thab His Honor was bound in the exercise of his,discretion by whab any other judge had done in similar casee, bub he submitted that they might be a guide to His Honor as showing whab English judges had done in similar circumstances. He appealed to His Honor for a merciful sentence in this case, and in doing bo he had in his mind His Honor's remarks to the jury that ib would be ridiculous to suppose that any judge of ordinary discretion would deal with such a case in an exceptionally severe manner. His Honor had thereby already intimated that he was prepared to give a merciful consideration to this case— thab justice would be meted oub with mercy, and nob in a sense of vengeancehe used bbc term in a legal sense. The prisoner was in hia present position, nob because of evil mind, bub because he bad made a mistake, a mistake which, according to the opinion of the jury and he feared also of His Honor, waa that the prisoner, professed qualifications which he did nob possess. Had bhey sgen as he had the agony of mind of~the prisoner, nob beoause of the legal consequence? of hia muitake, bub because thab boy's life was load, nob because he feared punishment, but because through a mistake that unfprtunate lad came bo bla death, they would know that whatever punishment was now meted,

==- -, • out would be bub as a drop added to th& mental torture already experienced. •• "jAb'thia stage the prisoner's firmness of, bearing broke down and he wopb eilenbly r , bub bitterly. , Mr Cooper said he^would agaiaraask^ui,,. Honor to administer justice with mercy, that while Hia Honor had a stricb regard for justice as became his position^:Btiil. thmb jusbice ahould bo tempered with a merciful consideration that would still be consistent! with His Honor's high office.; It would "bo improper 11 for him to suggest ...what should,, .be, the sentence, bub he would venture to quote the cases to which he had referred. Mr , Qooper then quoted the following cases :—The first occurred, in 1830, when Mr Justice Pork and Baron Garrow fined a man £250? for causing .the death of a patient by administering a dangerous liquid to cura disease.\ \lv Cooper remarked that in tbqw; days judges were by no means so merciful as ab the present day. Hia Honor remarked that in those days ', offences against property were very severely , punished. Jusb about 1829 the reduction * of sentences began. ■ n •o-. - :■■?'■>.. Mr Cooper next quoted a case in 1834, far}which Lord Lyndhursb senteaced a man to six months' imprisonment for causiag the death of a patient by administering 20oz ot gamboge, 20oz of aloes, and 20«z of other drugs as a pretended outd> for small-pox. Another case was one - in which Chief Justice Coleridge sen-, tenccd a medical man; to six;;months 1:; imprisonment for«,cau ssing the death of a ; woman by gross negligence and the un« • skilful use of an instrument. The last casa quoted was in 185§, when Baron Watson sentenced an unqualified man for causing the death of a patienb, who died in < the greatesb agony. Mr Cooper «aid he had looked carefully through cases and these were the only ones /he could find, and two I of them ab least were graver than the one against the prisoner. He submitted these cases to show whab five judges had done: in similar cases during a period that had, extended over thirty years. He submitted ' that the ends of justice would be met in thia i case by either a substantial fine or a'ahorb term of imprisonment. The smallest term • of imprisonment would be severe on a man who had not transgressed with an evil ,< mind. He would therefore ask Hiß Honor, while still duly administering justice, to deal with the prisoner as leniently as he » possibly could. He asked for mercy pn the • prisoner's behalf, as he was entirely in Hi». j : Honor's banda, and trusted that His Honor? 1 would show that leniency in the exercise of; his discretion which he had ever done^ whfla ' yet administering justice. • , [ '. ; p THE JUDGE'S REMARKS! ' ' ■" Hia Honor said : Prisoner, you have: had a mpsb impartial trial,,and have been r defended moet ably by. the learned counsel" } who has jußb made a most able appeal to , me aa to the senbence to "be passed^ upon; 1 you. I think it right to mention that there is reason to believe ; that /before you , ■;.' came to this colony you had been carrying on this irregular - practice- % for a lengthened term, and that there were x circumstances which made it''desirable you ", should leave bhoßja_colonies.v; As,; however,- / there is no direct evidence upon that ppinb, I shall not take that into account-in' passing sentence, but I do take • infco, ■ account the \facp; thab assuming you only commenced irregular practice when* you came to this colony you have con« < ducted yourself in a manner which certainly deserves punishment from the Court when : Buch practice results in the loss of lire. I used the term " impostor " just now and If used it advisedly. I think, and I believe most sensible people with me, thab a roan who professes without previous examination of the body to know all that is going p on inside of ib, and prescribes accord- ' ingly, ought nob to be believed, xadrc M especially when that man has had-ne |]x medical education. However there-u g no question aboub ib, that a man has only to pretend enough, and.' he w will find people who will believe in g him. I have no doubb Mr Cooper could\v/ have called numbers of people who \ would" ' have said "We fully believe in.this man." Your own evidence before the coroner isv; really the strongest evidence against your' t You admitted there thab you had no , medical education, that you made no examination, and you also admitted;' that you were ignorant of the; action 0f';,,;,; bobaeco when used in the manner youv ordered it to be used, without any knowledge about the unfortunate boy's condition. You said he was free from-organic^ disease, which was proved to be correct by t the post mortem examination. ■ You also:',s said there were large worms in the boy, which the post mortem proytjd npt to be the ■, Case.' You also said the action of the enema would nob reach the worms, and yet you ;; prescribed this injurious drug in a quantity,which all medical testimony shows muab necessarily havo caused death. , Although > your intentions may have been as good aa . possible, still you were most grossly ignorant. Your counsel haß very rightly urged that under the circumstances and »\; in your position a short sentence'" would be as effective as a long one, and I 1 also bear in mind the recommendation of;» the jury that you should be mercifully oon« sidered. Mr Cooper referred to iny^ra* marks to the jury that ib would be ridicuy loiiß to think that a judge would impose an exceptionally severe sentence in this easel but these romarka were made on accoual, of the way in which he pressed * upon the jury bhab the sentence mighb be; imprison. menb for life. The sentence of the Court! is that you be imprisoned' for six months. I shall not impose hard labour. In addi* 1, tion, I order alto thab you pay the coeta o« , the; prosecution, ...„.,*