MANSLAUGHTER CHARGE

New Zealand Herald, Volume LV, Issue 16936, 23 August 1918, Page 6

MANSLAUGHTER CHARGE

OTAHUHU SHOOTING TRAGEDY

BOY COMMITTEED FOR TRIAL

A youth, William Edward" Hart, aged 15, /committed; for trial! yesterday on a charge \of manslaughter, arising out of the death of 'Leonard/ Buchanan Cavanagh, aged. 12, who was shot at - Otahuhu last Saturday afternoon.'/ ,' ■. ~,'.-.•,'

The hearing of the evidence at \ the adjourned Inquest was resumed yesterday by Mr. F. K. Hunt, S.M., as coroner, and V Mr. :.. E. C. Cutteri- ■ B.M, Bat as magistrate to. hear . the-evidence in relation ( to • the ; charge.. Prior.. to the re-, sumption of the inquest Hart was placed under \ arrest and ; formally i charged with unlawfully; killing Leonard B. Cavanagh, thereby committing the crime • of manslaughter.. i Mr. Moody appeared for the accused, and Sergeant; P.- Harvey: conducted the case for the police. v > ./■". % Thomas Cavanagh, aged 11,' \ said that with his brother, the deceased,- he werft to the golf, links on Saturday morning. When passing through a' paddock on their way hone, they saw accused, with two other boys, 5 named Yule and Philp. ] Hart and Yulo j had ■"' guns. : Hart,' who was about "•■ 20yds away, ■:• said,\ " Charge," then lifted the gun to his shoulder and fired. Witness was in front of his brother, and when Hart pointed the gun he stepped aside. \ After the ; gun was • discharged, witness looked back and' saw his brother on the f ground. :'. He did not speak, 1 but was j moving about. After discharging the gun ' Hart ran towards the gate of the paddock. Witness had known Hart 'previously, and so fari as he knew there was no ill-feeling between Hart arid deceased, i . Cross-examined: ' -Witness % had never spoken to Hart. 'When he first saw Hart and ■ the ■ others : they were laughing and talking. . , : % ■ yi

■ Finding 'by the Coroner. '-- ■; ': '•' : ■ '.' ■' 1 '- "\ ■• .. ■''; : : : -; Lionel W. Yule,. aged. 15," said that on Saturday afternoon ' he, Philp, and ' Hart left the hitter's house to go shooting. He did not see Hart load his gun. They first saw , the', Cavanagh ■<, boys § about 50yds away. An they came nearer witness 'was watching a passing: motor-car, when he heard Hart's gun discharged. On looking round he saw - deceased on the ground. Hart, dropped his gun and ran away screaming, and witness rent for the doctor. - John E. Philp, aged 14, : . who accom : panied accused and Yule, said Hart did not lift the gun right up to his < shoulder, but fired it from his chest. Witness' did not hear Hart say " Charge," or pass any remark 'before firing the- gun. ■/• ■■. ■.:,: Oross-eiarained : .., Hart. did not ; , take deliberate. aim at deceased,' or look along the sights. j They i stopped at a shop ; on the way to the paddock, but at no time did witness see ' accused put a cartridge in the gun. >••',-..'.'..'• ~:).■<v.. Mr. Hunt said he had heard sufficient evidence to warrant him . giving his finding..: He .found that deceased died from shock resulting": from a j gunshot wound, William Edward Hart having fired a gun at. him. He was : of. opinion: that, notwithstanding .the youth of t Hart, the evidence disclosed such a decree of carelessness !as ito warrant further investiga-tion.'.;..--y'.'K ■ :-:.-..::;.i:V. -irn -..-.> '.■.•.■;.; ju^|

Dr. C. Rowley ' repeated his evidence given at the opening of the inquest.

"Forgot ; the '--Gun: Was :loaded."

;: Sergeant . Harvey said. that. accused made a statement to the effect > that., he nut a cartridge, in the gun on the Manure Road. When he put the gun to his shoulder., and fired he forgot . about the cartridge, and thought .the gun 'was empty. ■• To his surprise' it '■■ went off, 'and the contents of the cartridge struck the deceased. Witness added that-Hart bore a good ; reputation, and was very upset after the occurrence.'/ ;-'H ' >- '

l Counsel urged that, in view -of the mental anguish which accused was.' suffering, and the extreme unlikelihood of any jury > convicting him, the 1 case should not be sent to the Supreme Court. /.■ . ; . ; ~;-v:.{ The magistrate said he felt extremely sorry for accused in the terrible position into' which he had got himself by his own carelessness, but it was . his duty, to' send the case to the Supreme.'Court. ■'.;:" Accused i pleaded | not guilty, reserved, his defencei, and was . committed . to ; lie Supreme Court i for trial. '. Bail was allowed. - ■* r .