MANSLAUGHTER.

Auckland Star, Issue LVII, 1 March 1926, Page 10

MANSLAUGHTER.

THE OPAPA VERDICT.

ENGINE-DRIVER CONVICTED. TWO YEARS' REFORMATIVE DETENTION. (By Telegraph.—Press Association.) NAPIER, Sunday. The trial on a charge of manslaughter of Frederick Lavin, who %vas the driver of the Wellington-Napier express on the occasion of the disaster at Opapa on September 22 last, was concluded at tlie Supre-me Court yesterday afternoon before the Chief Justice, Mr. C. P. Skerrett. The jury returned a verdict of guilty. His Honor, in summing up. said that the chief regulation with, which the jury was concerned was that which regulated the speed round the Te Aute curves. The questions for the jury were: —Did the engine-driver exceed the maximum speed round these curves, and if so, did that contribute to the death of the three persons named? This was the question that the Crown had sought to answer affirmatively. The evidence led by the Crown as to speed, drawn from 20 witnesses, showed that the estimated speeds included 50, 45, 54, 35, 40. 60 and 40 miles an hour. Precise reliance could not be placed on these estimates, but they indicated that the speed was substantially over 25 miles an hour. All the other witnesses called said that the speed was exeessh'e, that there were exclamations of alarm, and that the passenaers were thrown about.

Against the allegations of speed, continued the Chief Justice, the defence had called Mr. Davidson, signal adjuster, who said that he noticed nothing unusual in the pace of the train, and that the brakes were applied. A pas- I senger, Mr. Yates, also said that he did not notice any excessive speed. His i Honor pointed out that this evidence I was purely negative. There were some ■ persons who did not notice anything,' and these men might not have noticed the speed of the train. His Honor suggested that this evidence was not of much value to the jury.

The jury, continued his Honor, had to decide whether the preponderance of evidence as to speed was in favour of the Crown. The defence had said that the Crown had not called the guard and assistant guard. His Honor said that it was not obligatory on the Crown to call these witnesses. One of them had actually been called by the defence, and had not appeared.

Regarding the allegations as to a third man being on the ei.g:ne and t'-e presence of drink, his Honor said these were not crucial, but they were important. There was undoubtedly a third man on the engine riuht from Ormondville to the scene of the accident. Witn regard to beer, no one but the men on the engine knew what went on there. Was the speed excessive at the curve? Was this the cause of the accident? The jury had to decide these questions. If they had no doubt of the fact then it was their duty to convict. If they had reasonable doubt, they must acquit the accused. The jury, who deliberated for 2h hours, added to their verdict a strong recommendation to mercy.

tfWO YEARS' REFORMATIVE.

"ON THE SIDE OF MERCY." (By Telegraph.—Press Association.) NAPIER, this day. Frederick Lavin, driver of the train which was derailed at Te Aute Hill on September 22, and who was found guilty of manslaughter, was sentenced this morning to two years' reformative detention by Chief Justice Skerrett. The judge said he believed he was erring on the side of mercy.