GUILTY OF MANSLAUGHTER.

New Zealand Herald, Volume XLIX, Issue 14929, 29 February 1912, Page 9

GUILTY OF MANSLAUGHTER.

A CHAUFFEUR SENTENCED.

THREE MONTHS' IMPRISONMENT.

A chauffeur, named Rhodes Battye, who is 23 years' of age, pleaded not guilty at the Supreme Court yesterday to a charge of the manslaughter of one John McConnell. He was defended by Mr: J. R. Reed.

The Crown Prosecutor, the Hon. J. A. Tole, K.C., described the circumstances of the case. The accused was engaged by Mr. McConnell to drivo him in his taxicab from Queen-street to Cleveland Road, Parnell, on the afternoon of December 19. When the cab was approaching the railway bridgo it swerved across from its right "side of the roadway and collided with a tramway polo in the middle of the roadway. Mr. McConnell- was thrown out and so much injured that he was taken to the hospital, where he died the same evening, the cause of death being fracture of the skull. It appeared that souio horses were being led or driven along the road, and it was charged against the prisoner that there was no necessity for him to turn his cab across the road, as there was plenty of room for him to pass the horses, and that, therefore, ho was responsible for the death of Mr. McConnell. Tho defence was that one of the horses walked across the road in front of tho taxi-cab, and in order to avoid collision with tho animal the accused was obliged to sweivo across the road. The wheels of the motor "skidded," and the. "mudguard" came in contact with the trampole. How Mr. McConnell came to bo thrown out of tho cab was said to be & mystery, but the accused surmised that ho stood up in the vehicle when he saw the horse crossing tho road, as he heard him shoot " hoy '." as if in warning, ami the shock of the impact threw him out.

Tho jury xvtired to consider their verdict, and returned to Court with a verdict of guilty, and a strong recommendation to mercy. His Honor, in passing sentence, said ho concurred in the. jury's verdict, as ho had no doubt the prisoner Mas travelling -at too high a rate of speed. It was necessary to impose a term of imprisonment, which -would act as a warning to other car drivers to avoid recklessness. Tho sentence of the Court was three months' imprisonment without hard labour, the latter condition being due to the fact that the prisoner's previous conduct had been good.