CHARGE OF MANSLAUGHTER.

Lyttelton Times, Volume CXXI, Issue 15494, 21 December 1910, Page 7

CHARGE OF MANSLAUGHTER.

[Per Press Association] . DARGAVIDLE, December 20. Following the verdict of the Coroner at the recent -inquest touching the death of Stephen Frederick Parker, glim-digger, of Ivaihu, as the result of injuries . sustained through being knocked down by a horse ridden by Harry Hockey, a biishman, twenty years of age, further proceedings were taken to-day by the police, when Hockey was charged before the Mayor (Air J, J. Dargaville)- and Air A. E. Harding, J.P.. with having on November 26, at Jvaihu, furiously ridden a. horse so as to cause, the death of Stephen Frederick Pa riser. A large quantity of evidence was given, and the proceedings lasted all day. Briefly, the case for the Crown *as that Parker had been drinking with a mate named Larkins, in Ivaihu, and was walking home with his mate along the Ivai-iwi Road under the influence of lion-dr. At about 5.30 p.m. on the day in question, a Saturday, they had arrived at a point about half a mile from Ka.ihn, and about a chain and a half or two chains round a bend in the road, when the accused, riding abreast with another man, came galloping round'the bend without slackening pace, with the result that, Hockey’s horse knocked down Parker, who sustained injuries to his head. The horsemen dismounted and assisted Parker to the side of the road, where he was attended to and got on his feet. The horsemen then rode on home, and no further inquiry was made by them as to his condition. On the following Monday Parker died at the Northern AYairoa Hospital, the. immediate cause rrf death being pressure of a large clot of blood on the brain, the result of a blow Or fall. The police contended that the corner on the road was a dangerous corner, and that in failing to slacken his speed the accused was guilty of negligence which caused the death of Parker. They further contended that accused was guilty of further negligence in leaving deceased in company of a man who was under the influence of liquor, and not obtaining proper medical attention for him. For the defence evidence was led to show that accused was riding at a smart canter, neither furiously nor recklessly, and had perfect command of his horse. Just as accused came within a. yard or two of Parker the latter suddenly lurched across the road as a drunken man was apt to do, and this caused the accident. Had Parker not swerved accused would have passed him easily, hut as it was ho had no time to pull up, though he did try to pull, away his horse. It was further contended that accused paid all reasonable attention to Parker after the accident and did not ride away until the man was on his legs, walking along the road and- apparently all right again. The evidence further showed that on the following morning deceased was found in a paddock bv the licensee of the Kaihu Hotel and was placed by him in a stable on some sacks and

covered over with an old blanket. Ho was given brandy several times during the day but did not recover consciousness. On the Monday lhorniug the police were informed and the man was removed to the hospital, where he died shortly after admission. The medical testimony showed that had the man received pronej- attention twenty-four hours earlier there would have been a good chance of saving his life. Mr Hayes, for tho defence, contended that ii'iere was no case to go to a jury. No jury would convict, the accused of manslaughter upon such evidence as had been led for the Crown, which clearly showed that the most careful man in the world might, under the circumstances, have met with the same misfortune. The Bench decided to dismiss the case and discharged the accused, at the same time complimenting the police on the manner in which they had conducted their case.