FIREMAN OF ENGINE FOUND GUILTY

Chronicle (Levin), 22 February 1947, Page 2

FIREMAN OF ENGINE FOUND GUILTY

j AUCKLAND, Feb. 2i. j T.lie (iiTuuui of the' passenger tmin which collided with the statiouary traiu ut Papatoetoe on August 24, Desmoud ; vSamuel Illslev, aged 22 (Mr. T. Menrvj.j was fouud guilty of causing aetual 1 bodilv luinu to William Henrv Galla j gher under sueli circiinistances that i.i he had died accused would have been j guilty of manslaughter. A strong re ! commendation t'or inercy was made b\ j the jury. The driver of tlie traiu, Georgf | Robert P-retoria Diekson, aged 46 (Mi J Aekins), who was charged jointlv vvitli j lllsiey, was acquitted. Hoth accused were fouud uot guilt\ | on the count of culpable neglect of dut.\ ' by unlawfullv and wiifullv failing to j ob.-erve a railway signal thereby en dangering the safetv of passengers on j •the train. 1 After counsel had addressed the jury j his Honour summed up, sayiug that ; when men uiulcrtook tlie duty of being j driver and fireman of a train, they as ! sumod a legal responsibilitv for taking ! reasonable precautions and reasonable j care. Y'erv largely the jury was (ixing i Ihe standard of care under which men/ in such circumstances were bound to 1 take. That standard was governed by I what a reasoyably prudent tuati would | have done. "The continuous and pro !• tracted view of the home signal that ; IllsJey had was denied to Diekson,"! tulded his Honour. "That was an ! iis]>ect of the case that appeared againsi j Illslev, but I doti 't see how eitlier could j be convicted 011 the. second count. The j Crown must prove that they deliberately and wijfullv went past tlie signal ! aud I can see 110 evideuce of wilful 1 ness. " After a retirement of over two lioursthe jury returned with its verdiet. | Diekson was dischargetl *and Illslev was j rcmanded for sentence 011 Thursday, ! being released on bail.