ALLEGED MANSLAUGHTER.

Evening Star, Issue 3781, 7 April 1875, Page 2

ALLEGED MANSLAUGHTER.

. At Timaru, on Wednesday last, a Coroner's injury was held touching the death of the wife of rhomas Syrett Hardy. Evidence was given to the effect that deceased bad, before her death, stated that her husband had struck her because she refused to go to bed ; and two witnesses deposed to having seen bruises and discoloration on Mrs Hardy’s head, on the right cheek and temple. It was also proved by the police that Mr Hardy had admitted having struck his wife. The medical evidence showed, as the result of a post mortem examination, that the lungs and heart of deceased were seriously diseased. _ There were marks of blows, such as would be inflicted by a blunt on deceased s right ear and temple. The blows alone would not have caused death to a healthy person, but would accelerate death in a person m the condition in which deceased was. Henry IVeston, father of deceased, stated that Mr Hardy had procured every delicacy in his power for deceased, and had purchased a buggy to dnve her out. The jury returned a verdict to the effect that deceased’s death had been accelerated by blows inflicted by her husband, w “° was thereupon bound over to appear to take his trial on a charge of manslaughter at the next criminal sittings of the Supreme ft t Timaru—the bail being, himself in L3OO and two sureties of Ll5O each.

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District oofbt. Wbdnkbday, April 7. (Before his Honor Judge Bathgate.)

Groves Btothers v. Somerville, cah-owner, of Wellington.—His Honor delivered a lengthy judgment in this case, heard at the last sitting of the Court. The claim was for the recovery of L 131165, the price of a landau carriage sold by plaintiffs to the defendant. The defence was that the carriage sent was not an English landau as ordered, and that it was unmerchantable as a landau. His Honor, after reviewing the evidence, proceeded to state that his decision must hinge upon the question—was the carriage sent the one referred to in the correspondence between defendant and plaintiffs, And was that a landau? A landau carriage was one in which the roof or covering opens and falls back both to the front and rear. It was admitted that the carriage sent did so. But the defendant maintained it was not a landau, because it was fixed upon three elliptical springs like a rockawuy, a -trie never adopted In London. He (his Honor) was of opinion that it was not the style of the springs which determined the name or nature of the carriage. They were merely accessories, which might be varied according to the taste'or the inclination of the maker or purchaser. There was an everchanging fashion in minor details without affecting the primary character of the carriage. Accordingly* it was found that in London some landaus were fitted with 0 springs and others with elliptical. A witness for the plaintiff swore that he had seen landaus in Britain fitted with an American reach like the landau furnished by the plaintiffs. It mast be the body of the carriage which determines the name. The body or principal part of the carriage in question was one which opened and shut both ways, and was undoubtedly a landau. A rockaway was a totally different vehicle of American origin, and had a fixed roof. Bockaways were sometimes made with two elliptical spring, one fixed transversely in front and the other behind. The arrangement of elliptical springs, one transverse in front and one at each side behind, which had been applied to this landau, was in daily use in Dunedin for various vehicles. Omnibuses, barouches, waggonettes, and expresses were in use so fitted. This arrangement of the springs did not constitute each of these classes rockaways. They still remained omnibuses, barouches, waggonettes, or expresses according to the structure or body of the vehicle. He was of opinion therefore that the carriage seat was the one referred to in the correspondence, and that it was a landau. Defendant required a public carriage, and one fitted for Colonial roads, and the plaintiffs’ witnesses gave a decided prefeenee to its style _ for Colonial use. He (his Honor) was of opinion that the preponderance in weight of testimony was in favor of the plaintiff, and that the article furnished fairly answered the description given of it, and was reasonably fitted for the use intended. Judgment for plaintiff with costs.

_ Mr F. R. Chapman, for defendant, gave notice of appeal.