THE SHOOTING OF A FIREMAN ON A TRAIN.

New Zealand Herald, Volume XX, Issue 6827, 4 October 1883, Page 5

THE SHOOTING OF A FIREMAN ON A TRAIN.

VERDICT' AND SENTENCE ON THE BO VS.

{BY TELEGRAPH.—PRESS ASSOCIATION. J

DuNBDIN, Wednesday. The Crown witnesses turning up to-day, the manslaughter case was heard nt the Supreme Court. James Roy aud Alexander Roy were charged with the manslaughter of John Henderson, a railway fireman, who was shot when on duty on the 23rd of August last, as the train was passing through a cutting near the Wairuaa station on the Dunedin-Inver-cargill lino. Both lads pleaded not guilty, and were defended by Mr. Denniston.

The Crjiwn Prosecutor opisned the case | with a statement of the facts, and of the law applicable to it. He did not, be said, assume that in firing at the train tho lads had the slightest notion of hitting any one. It was utterly impossible to conceive that at the time the incident occurred, on a dark night, the priscriera could have b«en shooting at anything that had nob a lighten it. Assuming that they fired at the engine to startle the people on the train, or that when the train was passing they discharged their guns with so little care that instead! of being fired in the air the guns were fired on a level between the bank, such recklessness or thoughtlessness would make the killing of the deceased manslaughter, the principal witness for the Crown was John .Robert Roy, who siid he and bis brother James were out shooting on August 23rd, and when dark came on they went to their aunt's, Mrs. Cruiokehanks, to have tea. They wero joined by their youngest brother Alexander. As they were leaving, Mrs. Cruickshanks told, them not to go through the cutting, as the train would soon be due. James was carrying his gnn, and witaes? his own. James's gun wrs double barrelled. They went along in the direction of the railway Hue. Witness noticed the train for the first time as one of the guns was fired. They expected that the train would be np soon, but were not looking for her as they went up the cutting. On getting near the top of the cutting his brother Alexander asked witness if he would allow him to firei off his gun. Witness immediately stopped, and drew the shut with the ramrod, and then gave the ramrod to his brother James to ilraw his shot. James's ramrod was a wooden one without a, screw. After drawing the paper oat that covered the shot wituess turned the muzzle downward, and shook out the lead. He then set the barrel near the triggger with his ramrod. James handled his gun in like manner. Witness then handed his gun to Alexander to fire it off. James and Alexander were both going to fire their guns. Just as the train passed they tired. They had made no mention of firing at th') train. After they had fired witness and his two brothers wehton home. They kept; on the line of the cutting till they had reached the end of it. It was after this that they had noticed the train had pulled np. The train came up to the cutting while they wero taking the charges out of their guns. Witness was of opinion that he pur. the cbargu with the shot belt. He knew he did not throw it away. Hu took the shot out in order to have it, and to let him fire the gun ollf without it. He could not say if the gun was cocked when he handed it to his youngest brother. Nothing was said when he gave the gun to Alexander, but he underntood that James was going to fire his gun off at the same time. The guns wero fired, and witnese noticed that as they were fired the train passed. He had not seen the train before. On their way home they reloaded their guns. It was their practice to load the guns bef ore going home, and they were often kept loaded in the house. They heard the train stop, and James said, "Surely there is something wrong with the engine; this steam-pipe or something is wroog ?" He said that because of the peculiar sound made by the engine, and witness replied, "Perhaps there is." Once or twice on their way horn's the remark was made, " That is a straugo whistle J" Hβ could not be certain what position either of his brothers were in when they tired. When they got home all their people were in bed, and"they did not mention anything about the train going back then, but the next morning at breakfast witness's mother said she heard a strange whistle in the night, and ho and his brothers said they had heard it too. One of them said they had never heard a whistle like it before, and they said they had Been the train go bask towards Clinton. Cross-examined : The younger boy never fired a shot in his life before. He had only snapped off caps to blow a candle out. The juns were often kept in the Louse loaded. Mr. Deoniston, in addressing the Court for the defence, said that the issue which the jury had to consider, although a very important and momentous one, was v«ry trivial. It had never been disputed that the shot which led to this terrible result was fired by one or other of the lads. The only question was, whether they were bound by the evidence to »83ume that the shot was fired under circumstances wliich would justify them in finding that the facts amounted in l.vw to homicide by misadventure.' His Honor would, he said, tell the jury that if they were satisfied that the lade fired merely to amuse themselves, that a train happened to pass at the time without their knowing that it was about to pass, and that the shot proved fatal, the obances of which were a thousand to one, that would not be sufficient: t > prove criminality en the part of the accused, but would merely make it one of those unfortunate accidents which ate connected with the use of firearms in the hands of inexperienced young men. His Honor summed up, s>nd the jury retired at half-jmet three p.m. After being absent for an hour, the jury returned into Court and asked some questions about the height of the bank and the ciurves and grades of the liiao.

The jury, at twenty-five minutes past five, returned into Court with a verdict of guilty against both prisoners, with a strong recommendation to mercy on acconnt of previous go od character. They did not think that the firearms were discharged with any intention to injure anyone. His Honor agreed with I;he jury, and aaid that he would give the fullisst effect to their recommendation he could consistently with his duty to the public. So far as Alexander i was c»EiC<!rned, His Honor thought that the ends of justice would be met by his father entering into recognisances for his future good behaviour. No sentence would be passed. The older prisoner was sentenced to two months' imprisonment without hard labour.