MANSLAUGHTER.

Hawke's Bay Herald, Volume XXX, Issue 10015, 13 June 1895, Page 4

MANSLAUGHTER.

Wellington, Wednesday, la the case ogainßt Nicholson, tbe Crown Prosecutor contended that the evidence as to the violence used by pjiaocer toward the woman Friend showed that the charge of murder was borne out, aad that tbo medical evidence was inconsistent wiih tbe theory of a fall, set np In cross-examiaatlan, Mr Jellicoe, counsel for the defence, in bU address, lasting over four hoars, claimed that the doctors were unable to say whether the woman died from injury the result of a fall or a blow. He urged that the Crown had failed to prove conclusively that) death resulted from a blow, whereas there wan abundant evidence of tbe possibility of tbe injury being occasioned by a fall or staggering against the wall under the influence of drink, especially as it had been thown that a portion of her clothing was wet and muddy. His Honoi lv summing np said the real issue was whether prisoner was guilty of murder or manslaughter. In order to convict prisoner cf murder it would be necessary they should be satisfied that he had the intention to take the woman's life, or \ that he had intent to do ber serious j lojary, which ne knew would be likely to cause. dp»tt», o-urt in regard to which he was reckless whether &o<«Ui enb^nd or not. They were unable to form an opl»V?a about a person's knowledge or Intent except from the circumstances surrounding the ccasto t and tbe jury must judge for themselves in the matter. If they were aatUfied prisoner's violence caused tho womau'B death, and that he did not intend to cause her death and had not tho knowledge that the violence be was uninp was likely to cause her death, then of course they would acquit him of murder and convict biru of manslaughter. After a short retirement the jury fonnd prisoner jznilty of manslaughter, (md the Chief Juetice passed ,i sentence of 10 years' penal servitude. Later In sentencing Nicholson, tbo Chief Jnßticu said It was nece3sru.v in a c ise of this sort to refer to tba enormous number of times prisoner had lip.en in the Imuda of ! the police for various ofloncce. The ovl- | dence that had been adduced bhowtd he was a man who would give way to acts of violence, nnd bad no control over himself, and had no pity for this poor unfortunate woman, who was really beaten to death by him, although tbe actual external injuries were not very severe. He thought there was a difference between this caso and one la wnloh a deadly Instrument was u°ed, and there was somo tuggestlou that the woman was drunk, although ho (hla Honor) did not think so himself.