THE CLINTON MANSLAUGHTER CASE.

Timaru Herald, Volume XXXIX, Issue 2818, 4 October 1883, Page 3

THE CLINTON MANSLAUGHTER CASE.

[By Tble&baph.T Dtjnbdin, Oct. 3. Tbe Crown witnesses turniag up to-day, the manslaughter case was heard at the Supreme Court. James Roy and Alexander Boy were charged with the manslaughter of John Henderson, 8 railway fireman, who was ehot when on duty on the 23rd of August last as the train was passing through a cutting near the Wairuoa station, on the DunedinInvercargilt line. Both lads pleaded not guilty, and were defended by Mr Denniston. The Crown Proieeutor opened the case with a statement of thu facts and of the law applicable to it. He did not, he said, assume that m firing at the train the lads had the slightest notion of bitting anyone. It was utterly impossible to oonceire that at the time tha incident occurred, on a dark night, the prisoners could have been shooting at anything that had not a light upon 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 m the air the guns were fired on a level below the bank, such recklessness or thoughtleisnoss would make the killing of tbe deceased manslaughter. Tbe principal witness for the Crown was John Robert Boy, who said be and his brother James were r>nt shooting on August 23rd, and when dark came on they went to their aunt's, Mrs Cruickshank, to have tea. They were joined there by their youngest brother, Alexander. As they were leaving Mrs Cruickshank told them not to go through the cut: ing, as the train would soon be duo. James was carrying his gun, and witness his own. James' gun was double-barrelled. They went along m the direction of the railway line. Witness noticed the train for the first time as one of tbe guns was fired. They expected that the train would be up soon, but were not looking for her as they went up the cutting. On getting near the top of the cuttiDg, his brother Alexander asked witness if he would allow him to fire off his gun. Witness immediately stopped and drew the ihot with the ramrod, and then gave the ramrod to his brother James to draw his shot. James' ramrod was a wooden one without a screw. After drawing the paper out that covered the shot, witness turned the muzzl* downwards and shook out the lead. He then hit the barrel near the trigger with bis ramrod. James handled his gun m a like manner. Witness then handed his gun Alexander to fire off. James and Alexander were both going to fire their guns, and jnst as the train paiied they fired. They had made no mention of firing at the train. Aft«r they had fired witness and bis two brothers went on home. They kept on the line of the cuttiDg nntil they had reached the end of it. I It was after this that they noticed the train ! had pulled up. lhe train came up to the cutting while they were taking the charges out of their guns. Witness wbb of opinion that he pat the charge into the shot belt. He knew ho did not throw it away. He took tbe shot oat m order to save it and to let him fire the gun off without it. He could not say if the rub was cocked when he handed it to his youngest brother. Nothing was said when he gars the gun to Alexander, but he understood that James was going to fire his gun off at tho same time. The guns were Sred, and witness noticed that as they were fired the train passed. He. had not teen tbe train before. Ob their way home they reloaded their guns. It was their practice to load the guns before going home, and they were often kept loaded m the houao. They heard the train stop, and James said, " Surely there is something wrong with the engine, the steam pipe or somathing is wrong." He said that because of the peculiar sound mads by the engine, and witness replied, " Perhaps there is. Once or twice on their way home the remark was made " That's a strong whistle," He could not bs certain what position either of his brothers were m when they fired. When they got home all their people were m bed, and they did not mention anything about tbe train going back then. But the next morning at breakfast, witness' mother said she heard a Btrange whistle iv the night, and he and his brother said they had heard it too. One of them said they bad never heard a whistle like it before, and they said they had seen the train go back towards Clinton. Cross-examined : The younger boy nevei fired a shot m his life before. He had onlj snapped off caps to blow a candle out. Tbi guns were often kept m the home loaded. Mr Denniston, m addressing the Court fo the defence, said that the issue which th jury had to consider, although a very im portant and momentous one, was very trivia! It had noTer been disputed that the shot whic led to this terrible result was fired by one c other of the lads. The only question we whether they were bound by the evidence t assume that the shot wan fired under oircun stances which would justify them m findic that tbe faots amounted m law to homioic by miiadventure.

ct His Honor would, he said, toll the jury of that if they wero satisfied that the lads fired it merely to amuse themselves, and that a train v- happenod to pass at the time without their is knowing that it was about to pass, and that the , g shut proved fatal, the chances of which wero a >r thousand to (one, that would not be sufficient c. to provo criminality on tbe part of tho acit cused, but would merely make it one of those w unfortunate accidents which are connected ig with the use of firearms m the hands of in--11 experienced young men. His Honor then |c summed up. il The jury retired at 3.30 p.m., and after ,c being absent for an hour returned into Caurt it, and atked some questions with regard to the ,r height of tbe bank and the curves and grade , r of the line. The jury at 6.2S p.m. returned t, into Cjurt with a verdict of " Guilty " against Pj ' both prisoners, with a strong recommendation 3i to mercy on account of their previous good , 0 charaoter. They did not think that tbe firen arms were discharged with any intention to d injure ai'vone. 0 His Honor agreed with the jury, and said t| that ho would givo the fnlleßt effect to their I, recommendation he could, consistently with f his duty to the public. So far as Alexander t was concerned, His Honor thought that the f ends of justice would be met by bis father V en', ering into a reoognisance for his future . behavior, and no sentence would be passed. } The oldest prisoner was s-ntenoed to two ) months' imprisonment without', hard Übor.