MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2489, 16 June 1915, Page 11

MAGISTRATE'S COURT

ALLEGED MANSLAUGHTER AN ASYLUM INMATE-S DEATH 1 A charge of manslaughter was preferred against John Dickson, late atj tendant at the Porima Mental Hospital, in the Magistrate's Court yester- ' day afternoon. The chargo was in re- • spect to the death on May 11 last of an inmate of the institution, James Hamblyn, the charge against Dickson > reading that by neglecting to perform a legal duty he killed deoeased. ' Chief-Detective Boddam appeared for the police, and Mr. P. AV. Jackson for the defence. 1 -d '^• r " r;l y Hassall, superintendent of k Porirua Institute, said he knew deceased, who was admitted to the hospi- _ tal in 1903. On May 10 witness visited s deceased and found him to be suffering t from a very extensive scalding on the a right side of the body and right leg _ and thigh. Hamblyn died at 11 o'clock -j on the Monday, the cause of death being 3 shock from burns. Questioned regard 3 ing the rules as to bathing patients, _ witness said that in the first place the taps wore turned on with a key. kept in . charge of an attendant. Before bathing . a patient the cold water should be j turned on by the attendant, the heat of _ the water not to be more than 100 de- _ grees. The attendant was required to 5 he present during the bathing of a patient. Temperature of 140 Degrees. t On May 13 witness interviewed ao- . cused, who said he had been responsible . for the injuries deceased received, inasb much as he supervised the bathing of . deceased. If accused had notified wit- . ness of deceased's injury in time, it a was possible tliat he would not have , died. _ The temperature of the water >- in which deceased bathed must hav« been at least 140 degrees. „ Vivian Radford Briggs ; an attendant . at the hospital, gave evidence respect- - ing the keeping of the bath key. Access t to the room where it was kept could be - gained by a divided door, the lower pord tion of which was always kept locked, t It would be possible for a patient to e jump over the lower part of-, the door r and procure a bath key. i- "A Pretty Warm Bath." Frederick Collins an ex-attendant at the hospital, said he was recently ern- " ployed at the hospital, and left the institution on about May 20. Witness was employed with accused in No. 1 j ware.. On Sunday, May 9, at about 6.45 a.m., accused spoke to witness about ail accident that happened to 'j. Hamblyn. He said: "I havo given him a pretty warm bath." Witness saw deceased before he went into the bath- , room, and was making beds in the ward 'g- when he heard someone shout in the bathroom. He went into the bathroom, i_ and saiv accused lifting deceased out of the bath. Witness asked Dickson what n was the matter, and he replied: "I have , given him a pretty warm bath." Dell ceased did not appear to be in any pain. Witness saw deceased in bed the j. following day, and lie was then wrapped j] in oilcloth. 5 . Detective-Sergeant M'llvenoy said v. that on June 2 ho arrested accused in Mr. Jackson's office. Accused made no reply when the warrant was read\ to him. This concluded the evidence, and the i- 'Magistrate intimated that ho considered iy a prima facie case had been made out. r- A plea of not guilty was entered, and accused was committed to the Supreme .0 Court for trial. 3. Bail was allowed in £300. d OTHER POLICE CASES:e Mr. D. G. A. Cooper, S.M., dealt 6 with the police oases at the Magieg trate's Court yesterday. "I must have used the language if 1 ■: was drunk," admitted Lillian Jukes, charged with drunkenness and using ob--6 scene language. _ The arresting con- | stable, in his evidence, explained that £ he had been attracted by a crowd gathered round a Chinese laundry in Tory Street, from the upper story of which accused was giving demonstrations of n spoken obscenity. Later, when she pT came down to the footpath to give an 3 open-air display, she was arrested. A r' line of 10s. or 48 hours' imprisonment, S was imposed for drunkenness, and £3, ; in default one month's imprisonment, ) 0 for the language. On the application of Chief-Detective Boddam, George Penman, charged with two serious offences in respect to a girl of eleven years at Wadestown, during June, 1914, was remanded to Juno 22. For heme drunk while in charge of a vehicle, Augustus William Mudgway was fined £2, default being fixed at Beven days' imprisonment. For drunkenness, James M'Laughlin (prohibited) was sentenced to one month's imprisonment, and Edith ? Home fined £2, in default seven days' lmnrisonment._ Several first offonders were dealt' with, e CIVIL CASES. ie BREACH OF CONTRACT. Reserved judgment was given by Mr. j W. G. Rlddell, S.M., yesterday-in respect to a civil dispute regarding _ n ~ contract as to the sale of a quantity of wool. The parties to the dispute ,s were Chas. S. M. M'Lean, wool exporter, of Wellington, plaintiff, and „ George Foreman, sheepfarmer, of Gladj stone, defendant. At the hearing of the oaso. nlaintiff alleged that defend,e ant agreed to sell to plaintiff a wool clip for £1164 15s. 7d. Defendant had V unlawfully refused to deliver the wool ' 1 in accordance with the contract, and l ? had sold it elsewhere. Plaintiff accordingly claimed as damages for breach of contract £197 7s. Bd. After reviewing the lengthy correspondence m the , r case, judgment was given by the Mngj istrate for plaintiff for £197 7s. Bd., and " costs £7 12s. wcro allowed; Mr. A. £ W. Blair appeared for plaintiff, and Mr. Hollinga for defendant. ,s * A CIRCUS DISPUTE. 3, A dispute between a circus proprietor >' and two employees was heard by Mr. n D. G. A. Coopor, S.M., Fred Leonard i nnd Olive Leonard claiming £9 from Frank J. Barton, circus proprietor. ' The amount claimed represented two n steerage fares from Wellington to Syd--0 nel, which plaintiffs alleged defendant was bound to pay. Defendant denied any arrangement in this respect. After a partial hearing the case was adjourned until to-morrow. Mr. Douglas Jackson appeared for plaintiff, and Mr. H. F. O'Leary for defendant. 1- THE ERECTION OF A HOUSE, n Another civil dispute was heard by io Mr. W. G. Hiddell, S.M., the C. and A. i- Odlin Timber and Hardware Co., Ltd., y claiming £31 7s. (sd. from Arthur Johns, d wharfinger, of Brooklyn. The claim 8 was muds up of various amounts inci- '• dental to the erection of a house. The !" case was adjourned after partial liearing to June 22. Mr. Kennedy appear- ° ed for plaintiffs, and Mr. T. Neave for (. defendant. In the case, C. Killeen v. Patrick T. .. Finiiegan, a claim for possession of a - tenement and £16 10s., judgment, was given for plaintiff with costs £2 6s. DEFAULT DEBTORS' LIST. P Judgment was given for plaintiff by j default in the following undefended civil cases:—Mitchell and Goodwin, trading as the Town and Country Supply Stores, v. Claude H. Mountfort, £4 Os. J 7d.. costs 10s.; The C. and A. Odlin a Timber and Hardware Co., Ltd., v, Tho Art Memorial Co,, £6'4s. 10d,, costs,

£1 6s. 6d.; A. Waterworth v. R. A. BH Simpson, £2 13s. 9d., costs 10s.; Wellington United Furniture Trade Industrial Union of Workers v. H. Gibbs, £2 lis. 6d., costs 10s.; Lizzie Craig v. Walter Alfred Smith, £2 4s. 9d., costs 165.: John Norton v. J. Eagan, £4 19s. 4d., costs 10s.; W. Wynne v. M. M'Donald. £6 65., costs £1 Bs. 6d.; Stewart Timber, Glass, and Hardware Co., Ltd., v. Alfred Thomas Davis, £10 6s. 2d., costs 155.; R. S. Ferguson v. AV. Hamilton, £2 95., costs 10s.; Chas; Wm. Anderson v. Christina Doig, £8 6s. 6d., costs £1 3s. 6d.; Samuel Rahone v. Fred Vercoe, £2 155., costs 55..; F. H. Coltmnn v. Charles Balcombc, £2, costs 135.: AV. J. Haines v. D. O'Louglilin. £2 65., costs 10s. On a judgment summons, William Wilson was ordered to pay to Sibun Ltd. the sum of £5 Ids. 2d. by June 29, in default five days' imprisonment.