LAW REPORTS

Dominion, Volume 8, Issue 2538, 12 August 1915, Page 9

LAW REPORTS

SUPREME COURT CHARGE OP MANSLAUGHTER DICKSON NOT GUILTY In the Supremo Court yesterday John Dickson, formerly an attendant ,at Porirua Mental Hospital, was charged with manslaughter respecting tho death of James Hamlyn, a patient in tlie hospital. The allegation against Dickson was that on May J) of this year he omitted, without lawful excuse, to oboervo his legal duty, and in conscqueuce of tho omission caused the death of Hamlyn.

His Honour the Chief Justice (Sir Robert Stout) presided at the trial, Mr. V. R. Meredith represented the Crown, Mr. T. M. Wilford appeared for tho aceuscd. and a jury of'twelve was empanelled. In his outline of. tho case, Mr. Meredith said that Hamlyn died on May 10 of shock from being put into a bath of water so hot that the patient died within twenty-eight hours. Hamlyn was scalded on various parts of the body, but Dickson did not report tho matter immediately, a course which, besides being required by the' rules,, ought to have been dictated by common feelings of humanity.

Dr. Gray Hassell, superintendent of the Porirua Mental Hospital, gave evidence to the effect that whereas tho bath was given Hamlyn at about 7 o'clock in tho morning, the fact that Hamlyn required attention was not reported till bed-time. On tho first day of the Coronial Inquiry into the cause of death, Dickson said that he did not know how tho scalding occurred. ■On a subsequent occasion Dickson said that ho had got a patient named Perry to assist him to wash Hamlyn; that whilo ho was out of the room the water had been turned on; that, without testing tho water, he told Hamlyn to jump in; that Hamlyn fell in, and immediately yelled out, whereupon Dickson found that the water was too hot, and got Hamlyn. out; and that Hamlyn did not complain of any ill-effects. Dr. Hassell said that the rules of the institution stated that attendants must report any marks or signs of .trouble observed on a patient, that they must not trust tho key of thej bath out of their possession, and that no patient must be allowed to bathe another patient. Mr. Meredith: So, if the statement Dickson made is true, Dickson broke several of the bathing rules. Dr. Hassell: Yes. Mr. Meredith: Can you form any idea of the effect it would havo' had on Hamlyn. if the matter had been report cd to you immediately ho got out of the water? Dr. Hassell: I certainly think it would bavo given him a very much greater ohanco of recovery. Dr. Hassell said, also, that as neither of Hamlyn's feet was scalded, it might seem that Hamlyn was standing m water which was not at scalding point, and tho scalding water was poured ovor liim from some utensil. In his opinion Hamlyn died from shock through scalding. To Mr; Wilford: No autopsy was held. Four patients, of ivhom Perry was one, helped to batlie tho patients, and witness could not deny that those patients had access to the store.for tho key of tho bathroom to get hot water for scrubbing. To Mr. Meredith: If the attendants' entrusted the key to patients they had no Tight to do so. Vivian R. Briggs, of tho Hospital staff,- said that during the day of tho occurrence (May 9) ho - saw nothing about Hamlyn which would arouse suspicion that there was anything wrong with him, His Honour: You did not eee him ((tripped? Witness: No. Mr. Wilford: Was Dickson a kind, considerate, thoughtful man with patients? Witness: Ha was. In evidence, Dickson said that when about to wash Hamlyn he went out of the bathroom for some minutes, and on returning found that there was somo water in the bath, and he told Hamlyn to jump in. Hamlyn screamed, and he pulled him out, but he did not think Hamlyn was scalded, and thought no more of the matter till ho saw blisters on Hamlyn at bedtime that evening. Ho then reported to Mr. Briggs. To Mr. Wilford: He did not test the water before telling Hamlyn to get into it. The water was not poured over Hamlyn. The jury took a little over half an hour to consider tho case, and returned a verdict of not guilty. A SERIOUS OFFENCE. Geo. Penman was charged with having oommited indecent assault on a young girl on June 7 and June 14 at Wadestown. Tho jury found him guilty on the second count, and His Honour remanded him till Saturday, when sentence will be passed.