Evening Post WEDNESDAY, JANUAEY 10, 1884. THE SCALDING CASE.

Evening Post, Volume XXVII, Issue 13, 16 January 1884, Page 2

Evening Post WEDNESDAY, JANUAEY 10, 1884. THE SCALDING CASE.

"AccrDENTii Death" is a very convenient verdict sometimes. Coroners' juries are usually reluctant to bring upon tho head of a respectable man who has ' been betrayed by misadventure into momentary, but fatal, negligence the consequences of a verdict of manslaughter. They prefer to hope that remorse for the carelessness which, involved such a deadly result will for ever operate as a check against any recurrence of such neglect on his part. And so it may. We quite believe that will be the case with regard to the attendant Flakkaqax, through whose lack of care the unhappy patient Detden was scalded to death in a bath at the Mount View Lunatic Asylum on Monday last. We entertain no donbt that he has undergone, and is undergoing, a severe mental punishment, in addition to the loss of his appointment and of his reputation for carefulness and trustworthiness in such a position. But it would be wrong to let our sympathy with the wrong- doer, when he is suffering the direct consequences of his wrong-doing, blind us to the very serious character of his fault. We fear the jury yesterday were carried away by such a feeling of sympathy, for assuredly on no other explanation is their verdict intelligible. True, the death was so far "accidental," inasmuch as it was not intentionally or maliciously caused. But only so. A railway disaster is familiarly termed an " accident." Tet when a fatal "acoident" is caused by the negligence of any person the law holds that person guilty of manslaughter, and punishes Mm accordingly, on the principle that the lives of her Majesty's subjeots must not be sacrificed to anybody's carelessness, and that an example is necessary to discourage repetition of such negligence on the part not only of the particular offender but of all other persons. We can quite believe that the attendant Flannagan may need no further penalty as a deterrent for the future. But it is clearly desirable that all other persons holding a like responsible position should understand plainly that they cannot negligently allow insane patients under their charge to get into baths of boiling water and be scalded to death, without incurring a very heavy punishment at the hands of the law. Judging from the evidence given at the inquest, there must have been very gross carelessness in this case. In fact, the mishap could not possibly have occurred except through such carelessness. The attendant was in charge of the patient, and yet in the actual presence, and nnder the very eyes of the former, the latter gets into a scalding bath and is killed. We can hardly imagine a case of graver negligence in like circumstances. In fact," the attendant frankly admitted his fault, and it was deemed of so serious a nature as to involve his instant dismissal by the Asylum authorities . Nevertheless, the coroner's jury have deliberately decided that no blame at all attaches to the delinquent attendant because the occurrence was purely "accidental." We wonder by what course of reasoning they would defend' such a decision. To us it appears in flat opposition to common sense, and an abuse of the Queen's English. Here we have in the course of two or three weeks two cases of helpless patients meeting their deaths in baths, one at the Hospital— an infirm old man being left by his attendant to die in the water — and now this other at the Asylum. No wonder, whsn juries are led away by false sentiment and mistaken lenity to declare that no negligence is involved, and that the mishaps, however regrettable, were due solely to "accident." If- this praotice grows into a precedent, the public will find it an exceedingly dangerous one.

No deoision has yet been arrived at as to the fate of the girl Katherine Soyle, now under detention until the Governor's pleasure shall bo known. It is not expected that her case will be dealt with for a day or two. Tho Speaker's warrant for the issue of a new writ for the Selwyn district has not yet been reoeived by the Clerk of the Writs. It is now expeoted to come by the Takapuna on Friday morning. The latest information from the South points to the local man, Mr. M'Lachlan, having the best chance of return for the Selwyn seat, but a good fight is anticipated between that gentleman and Mr. Wakefield, or Mr. Eiohardaon, should the latter be induced, by the large requisition to him now in conrse of signature, to reconsider his decision to retire from the contest. The annual meeting of the Wellington Harbour Board, for the production of the aooounts of the Board for the past year, as required by section 55 of the Harbours Act, 1878, will be held at the office of the Board, Customhouse Quay, on Monday, tbe 21st inst., at noon. The Town Clerk notifies that the valuation lists for the several wards of the city, both for water rating and general purposes, are now open for inspection at the Corporation offices. Objection must be left at the Eosident Magistrate's Conrt not later than the 15th February. The ordinary meeting of the committee of the Benevolent Institution yesterday afternoon was attended by Messrs. Holdsworth (Chairman), B. Smith and J. E. Smith. The Chairman reported that he had made application to Government for another advance of £200 with which to carry on operations. The secretary stated that a woman in delicate health, whose rations had been recently stopped, was desirous of having her name replaced on the books. After some conversation it was resolved that for certain reasons her request could not be acceded to. Tho secretary was ordered to continue the supply of rations to a man who was out of employment through an affection of the eyes. The committee then adjourned. We are informed that the amount of the damage done to the boats in the Petone Sowing Club's shod, tho destruction of which by the gale was alluded to in yesterday's issue, exceeds £50. The whole of the boats, including two belonging to Mr. H. S. Fitzherbert, were completely destroyed, one or two of them being smashed to atoms. In our obituary column we record to-day the death of an old and respected colonist, Mr. George Jeffs, of Nairn-street, who arrived by the ship Gertrude in November, 1841. J?or 18 years before he arrived in this colony no served in the Light Dragoons in various parts of the world. 1 He unfortunately met with a serious acoident in the early days of the settlement, whioh made him an invalid to the end of his life. His only son went to Australia more than 25 years ago, and for many years has not been heard from. Deceased, beside a widow, leaves two daughters, who are residing with large families near Wellington. ; With reference to the oase of the man Samuel Hanna, a letter from Mr. J. E. Evans, saddler, was read at the meeting of the committee of the Benevolent Institution yesterday, stating that ho and Mr. Gibbs, photographer, had given him a chance of earning an honest livelihood by entrusting him with articles for sale on commission. Hanna started to work with apparent earnestness, but after the lapse of a few days he threw the job over to another man, causing both of his employers much inconvenience, and leading them to believe he was unworthy of any assistance whatever. The Chairman mentioned that the resolution of the committee with reference to the future conduct of the man was being attended to. Good little books are very fond of impressing upon good little ohildren that they should be gentle and humble and yielding like the willow-tree, whioh, through its habit of " bending before the storm," is able to withstand the fiercest storm uninjured, while the sturdy oak which stands erect in its pride and refuses to bow, is broken to bits or uprooted by the gale. This is a very pretty moral, but we fear it is not based on very sound premises. Yesterday's tempest made sad havoo among the Wellington willows, which were stripped and smashed np in a most extraordinary manner, notwithstanding that they bent to the very ground i in abjeot humility. The fine oak, however, which stands at the top of Flimmer's steps, although exposed to the full brunt of the gusts which so maltreated its willowy neighbour, was able to bid. fiat defiance to the storm and hardly lost a le&f. Sere is another fine moral lesson spoiled. Alas, for goody-goody literature in these degenerate days ! Edwin Jones, the young man arrested yesterday on a charge of desertion from the ship Hurunui, has been discharged from custody, the vessel having left for London.

The steamer Wanaka ; arriving from the South to-morrow morning, bring 3up the Waihora'B English and Australian mails. The timber shed on the reclaimed land which was blown down and smashed up in yesterday's gale was taken completely to pieces to-day and carted off. The other wreckage of the gale has now been mostly cleared away. With reference to the Te Aro reclamation contract, for the dne fulfilment of whioh Messrs. Rapp and Hare and Corcoran were sureties originally, the Wairarapa Star states that, Corcoran having taken it over from the contractors, Messrs. Rapp and Hare have withdrawn from all responsibility. Moreover, the latter firm were amply secured when they became sureties, and the contract in itself has beon taken at such a price as to satisfactorily indemnify everyone from all risk or loss. In regard to the railway contract of Messrs. O'Malley and Pepperell, the same journal states that in the past nine months the contractors expended £6000 on the contract, and for this havo as yet only received £3200 from the Government. The damage sustained by the yacht Thetis, which went ashore during yesterday's gale, consists, so far as can be ascertained at present, of a broken bowsprit and stern post. She will be placed on the slip as soon as possible and an examination of her hull made. The cutter Daysbay, which was also driven on shore, was not in anyway damaged. It will be remembered that two or three weeks ago information was given to the police by a seafaring man, named Gray, that he had been waylaid whilst proceeding to the Railway Wharf and stabbed in the back by a foreigner known as Antonio. For several days every effort was made to discover the whereabouts of the accused, but without success, and it was generally believed that he had escaped to the country. This supposition has just been borne ont by the arrest of Antonio at Feathersfcon. Shortly after the alleged occurrence, Gray deserted from the Hnrunui, on board of which he had been employed, and at present the authorities are unacquainted with his place of abode, the consequence being that the charge preferred by him against the accused cannot be proceeded with. The Hnrunui has sailed for London, and as Gray oannot now be apprehended on a charge of desertion, the police are desirous that he should report himself at once, in order that Antonio's case may bo dealt with. The accused has been admitted to bail for a few days, and in the meantime efforts will be made to find the complainant. Those members of the Wellington Rifle Association who intend competing for the Ladies' and Representative Matches are informed, by advertisement, that entries close at 9 p.m. on Thursday, the 17th inst. Fee for the former is 2s 6d, and for the latter (threo matohea), ss. The first competition for Major Butts' clock takes place on Saturday, the 9th of February next. The apprehensions entertained as to the safety of the missing man Denis Ryan have been removed by his return from a brief and unexpected visit which he had been paying to some relatives in the oountry. Tho third competition by the City Rifles for Messrs. Hißlop and Co.'s cup is to take place at the Cadet Range on Saturday. Firing will commence at 2 p.m., and the ranges will be 200 and 300 yards, ten shots at eaoh distance. At the conclusion of the parade of the D Battery of Artillery last night a meeting was held, at which ten new members were elected and two nominated. The corps promises to be stronger this year than it waß in 1883. At yesterday's meeting of the committee of the Benevolent Institution a letter was read from Messrs. Jameson Brothers intimating their inability to continue the supply of rations at the present rates, owing to an advance in tho price of meat. The Secretary (Mr. A. G. Johnson) explained that the contractors found that, even though the increase was slight, they would bo sustaining a loss by continuing the supply. At the suggestion of the Chairman it was decided to invite fresh tenders at once. Members of the Loyal Antipodean Lodge, 1.0.0. F., M.U., are informed by notice elsewhere that the District Offioers purpose paying an official visit to their lodge this evening, when it is expeoted there will be a good attendance of the brethren. The Regatta Club Committee meet this evening. We understand that the temperance societies of Wellington intend holding their second annual fete at Belmont on the Ist proximo, wl en a programme of sports similar to those of last year will bo carried out. The committee are doing their best to make tho demonstration a success, and they confidently believe that it will prove quite equal to that of 1883. A band of hope festival at Wesley Church in the evening will wind up the day's proceedings. The Perseverance Tent held its usual fortnightly session at No. 9 room. Atkensoum, last evening, whenßro. Hall, C.R., occupied the chair. Bro. Levy, P.D.C.R., gave an interesting address respecting the work he has boen enabled to accomplish in the district in the formation of adult and juvenile tents, 'lhe presiding officer, who made a few remarks on the juvenile work, thanked this brother for his speech, and on behalf of the tent expressed a wish that he wonld still be saocessful in his work. We have received the following letter from a correspondent signing himself "Crotchet": — "You recently drew attention to the manufacture of four bells for the new Post Office clock. These bells are now hung, and I am assured by a oompetent authority that they are not in tune. Anyone who has heard the Dunedin bells will never wish to hear the same effoots produced here. lam informed that the bells were hung withont Mr. Littlejohn's consent; also, that the Government require a certificate from a musical man. Can you tell me if suoh is the case ?" A capital little pamphlet, called "The Ladies' Guide to Cricket," has just been published in Auckland, and may be obtained 'in Wellington from Mr. C. W. Goodson, who is agent for its sale. It consists of a series of pleasantly written dialogues explanatory of the various features in a criokot matoh, constructed with a view of rendering tho spectacle intelligible to ladies and other noncricketers. There are also diagrams of the "field," illustrative notes, and a dictionary of cricket technicalities and slang. We understand that among the goods shipped by the ill-named steamer Triumph were a considerable number of packages for Te Aro House. These unfortunately were damaged by saltwater, and will be sold at the annual summer sale at Te Aro Houbo. Our readers will doubtless note the announcements on this subject in another column, 'le Aro House will be closed tomorrow (Thursday), to prepare for the sale on Friday. The goods will be shown in the windows to-morrow evening. On Friday next, the 18th, at 2 o'clook, Messrs. T. Kennedy Macdonald and Co. hold an extensive property sale, when several small farm properties will be offered, as well as town sections in many of the townships of the North Island, and suburban and city properties, including a valuable family residence in Watson-street. It will also be noted that the Wellington city tramways will be sold at the same time. Particulars appear in another column. Mr. F. H. Wood will sell to-morrow, at Ray's yards, Taratahi, sheep, cattle, &c.