MANSLAUGHTER CHARGE.

Evening Post, Volume LXXVIII, Issue 119, 16 November 1909, Page 3

MANSLAUGHTER CHARGE.

THE CHRISTCHURCH CASENO BILL, [B7 TCLEGSAPH — PKE3S ASSOCIATION.] CHRISTCHURCH, 15th Nov. His Honour, in charging the Grand Jury to-day, referring to the indictment against William A. Humphreys for alleged manslaughter, arising out' of the recent motor-car fatality in which Captain Pavilt was killed, said that the circumstances by themselves did not create any assumption of criminality on the part of accused. What was necessary was proof that the accident resulted from misconduct on his part, and the misconduct alleged was that the accused by taxing intoxicating liquor had reduced himself to a condition which would make him unfit to drive the car, and that at the time of the accident he Avas driving at an excessive speed. Before the petty jury the Crown must prove beyond reasonable doubt one or other of those allegations, but the duty of the Grand Jury was only to decide if there was on the evidence for the prosecution a prima facie case. As Grand Jury they

had only to consider the evidence brought before them for the pro&ecution, and their duty was not to attempt to try the case. They had only to determine whether on that evidence there was a prima facie case on which a jury •would reasonably conclude that accused had so lowered his mental or physical capacity as to make him unfit to take charge of the car, or that he was driving at a dangerous pace, and that the accident was caused by both, or either. The Grand Jury must confine themselves entirely to the evidence before them, and ( put out of consideration anything outside which they might know of, or read about, and they must not know any sympathy for the relatives of the unfortunate man killed, or on account of the painful position of the young man charged to influence them ir> the duty they had sworn to perform. No bill was returned. The Grand Jury examined witnesses for tile defence as well as for the prosecution.