SANCTITY (?) OF HUMAN LIFE

NZ Truth, Issue 1144, 3 November 1927, Page 7

SANCTITY (?) OF HUMAN LIFE

(From "N.Z. Truth's" Special ADDRESSING the jury before their retirement to consider the charge against Jockey W. S. Bagby, Judge Reed made use of the following remarks: "It is an important case, as are all cases arising out of motor-car accidents. In at least half the cases negligence is the reason. "There are a large number of people who drive cars recklessly, carelessly and regardless of others. In the cities it is pure good luck that more accidents don't happen. It remains with juries to fix the standard of care. "It is all very well for a jury to say: 'Poor fellow, give him a show; let him off,' but that does not get us any further m compelling men to control their cars.

"Was his the act of a reasonable person under

1 Auckland Representative.) were injuries to the back of her head; her shoulder-blade was broken. The driver of the motorcar did not stop. Certainly it was a wet night and the road was shiny; there was some dispute as to whether the lighting was good or otherwise. Certainly there was a light m the vicinity. The charges against Bagby were those of manslaughter and negligent driving causing bodily harm. When he finally admitted to Senior-Detective Hammond that he was the man, he "expressed his sorrow for what had occurred." After nearly five hours' absence and two references to his honor as to their finding or advice on points of law, the jury of twelve good meh and true brought m a verdict

the circumstances? Here is a tram slowing down, if not ' stopped. Should I not put my car m such a condition m view of possible persons getting out? Did he take reasonable care?" On the night of September 2 6, Sarah Elizabeth Short, who was about to enter a tram-car at the O w ens Road stop on the Manukau Road, Auckla n d, was knocked down and killed by a

motor-car. Her grandson was also injured. The driver of the car drove on and it was not until later that Walter ' Scott Bagby, a jockey, twenty years of age, was arrested and charged with manslaughter. Bagby's trial took place last week at the Auckland Supreme Court before Judge Reed. Crown Prosecutor Hubble prosecuted; Lawyer Allan Moody defended. It was proved that the car had not slowed down when overtaking the tram-car at the stop. No evidence was given to show that the speed of the motor-car was less than twenty miles an hour; some witnesses estimated it at thirty. The motor-car hit the old lady and her dying shriek was heard by many pedestrians. She was carried from forty to sixty yards by the cap. The victim's ribs were broken m front and behind; she suffered hemorrhage of the lungs; there

finding as recorded above. Bagby was accordingly fined £100 and his motor license cancelled for two years. The Motor Vehicles Act provides a sentence of five years as the maximum for negligent driving. Comment is superfluous! but so long as the present state of affairs prevails, it is rank hypocrisy to speak of the sanctity of human life. On Saturday, October 22, Harry Emanuel was fined £100 for keeping a common gaming-house. Emanuel was infringing upon the monopoly of a hypocritical Government. He paid the penalty. Bagby caused the death of an old lady and callously left her body behind him. He has paid a penalty. If the penalty exacted from Bagby was equitable, that exacted from Emanuel was vicious.. We leave it to the public to puzzle it out.

as follows: "Guilty of contributory negligence." This verdict — Mr. Justice Reed, after consul tation w i th the Crown Prosecutor and Bagby's counsel, informed the jury — was tantamount to one of not guilty on the man slaughter charge, but guilty of negligent driving causing the death of the old lady. Having again retired for a few minutes, the jury