MANSLAUGHTER CHARGE

New Zealand Herald, Volume LIV, Issue 16697, 15 November 1917, Page 6

MANSLAUGHTER CHARGE

YOUNG MAORI ACQUITTED. DOUBT AS TO CAUSE OF DEATH. The trial of the young Maori, JackPihana, or a charge of manslaughter, arising out of the fatal collision between i him and the late Mr. James Hooker, in ' .Lower Queen Street on the night of i "August 11, when accused was running away : from the police after having been caught committing a nuisance, was concluded at the Supreme Court yesterday. At the. close of the evidence' Mr. Graham, - counsel for the prisoner, raised 'a point of law that the —circumstances did not bring the case within the defini-, tion of culpable homicide under the , Crimes Act. There was not, he main- • ; tained, a sufficient degree of negligence proved to amount to manslaughter. j I His Honor undertook, if accused was 1 found guilty by the jury, to state a case for the Appeal Court submitting these points. J Mr. Graham, in addressing the jury, submitted (1) that there was not sufficient' evidence to show that the accused collided with the deceased; (2) that assuming that he did so collide there was not sufficient evidence to show that such collision was the cause of death;' and (3) assuming ' against the accused on both these points, the actions of accused still did not amount to_ negligence sufficient to constitute the , crime of manslaughter. I Mr. Justice Hosking, in summing up, j ' pointed out that . people were constantly held responsible at law for the con- i sequences of negligent behaviour, though ; generally in the form of civil damages, i ' There was a general duty cast upon every- ' body to regulate his acts by reasonable ■ I cave so as to avoid injury to others, and: • persons who offended against that prin- i ciple had to take the consequences oi I their acts. Subjects to points which might be raised for the consideration of the Court of Appeal the jury must take it as law that every person who used a public thoroughfare must show reasonable care for the safety of others. The question was whether the prisoner , acted without reasonable regard for the safety of others in dashing across the footpath, whether his action was, in the circumstances, reckless, and whether he was so absorbed in his , own doings as to cast aside consideration for others. The jury retired at 12.30 p.m. and returned at 3.25 with a verdict which declared that in their opinion the prisoner . collided with Mr. Hooker, knocking him down; that prisoner was negligent in not using sufficient care for the safety of the : public, and in rushing; through a crowded 1 thoroughfare; that there was insufficient : evidence to show that the blow struck by, prisoner was the cause of death. On the j minor count for an indecent act in a public ' place prisoner was found guilty. J His Honor recorded an acquittal on the charge of manslaughter, and on the minor i count fined prisoner 40s, with the alternative of seven days' imprisonment, the fine to be cancelled if prisoner carried out his expressed intention to enlist.