DEATH OF BOY

Dominion, Volume 37, Issue 279, 22 August 1944, Page 4

DEATH OF BOY

Manslaughter Charge Dismissed

(By '.relegrnuli Press Association) AUCKLAND, August 21. A charge of unlawfully causing the death of Lionel Erie Paul, (hereby committing manslaughter, was preferred against George James Christmas, .a polisher (Mr. MaLiver), before Justices of the Peace. Louis Robinson, medical practitioner, said Paul's death was the result of electrocution. A bro!her of deceased, Lennis Attila Paul, said accused conducted a riding stable in Mt. Albert using,a corrugated iron shed as his stable. Witness and his two brothers, one of whom, deceased, was aged 14. used lo be round the stable doing odd jobs, for which they were not paid. On the night of his brother’s dentil, witness went to (he stable with a lad who worked for accused. After they had been for a ride they returned to Ihe stable to put away the horses. The other lad, Pat Smith, went into the shed while witness waited on (side.

Witness said lie was called in by Smith and found deceased lying on the ground near a switchboard. His heart was not beating. Accused had warned them not to vo to tlie stable at night. After further evidence, counsel submitted that the onus on accused was to take only reasonable care with anything dangerous that was under his control. In the present case, deceased had been warned nut to enter the stable at night, and he was there without the knowledge or permission of accused. Counsel quoted a recent decision by the Chief Justice (Sir Michael Myers) in support of his submission. The justices decided that a jury would not convict and the charge was dismissed.