Ten Years' Penal Servitude for Manslaughter.

Feilding Star, Volume XVI, Issue 291, 13 June 1895, Page 2

Ten Years' Penal Servitude for Manslaughter.

(Per Press Association). Wellington, June 12. In the case against Nicholson, the Crown Prosecutor contended the evidence as to violence used by the prisoner towards the woman Friend showed the charge of murder to be borne out, and that the medical evidence was inconsistent with the theory of a fall, as set up in the crossexamination. Mr Jellicoe, counsel for the defence, in an address lasting over four hours, claimed that the doctors were unable to say whether the woman died from injury, the result of a fall or blow. He urged the Crown had failed to prove conclusively that dea'h had resulted from a blow, whereas there was abundant evidence of the possibility of injury occasioned by a fall or staggering against the wall 'Uuder the influence of drink, especially as it had been shown that portions of her clothing were wet and muddy. His Honor, iu summing up, said the real issue was whether the prisoner was guilty of murder or manslaughter. A In order to convict the prisoner of' murder it would be necessary they should be satisfied that he had intention to take the woman's life ; or that he had intent to do her serious injury which he knew would be likely to cause deatb, and in regard to which he was reckless as to whether death ensued or not. They were unable to form an opinion about a person's knowledge Or intent, except from the circumstances surrounding the case, and the jury must judge for themselves in the matter. If they were Batifefied the prisoner's violence caused the woman's death, and that he did not intend to cause her death, and had not th© knowledge that the violence he was using was likely to cause her death, then of course they would acquit him of murder and convict him of manslaughter. After a short retirement the jury found tho prisoner guilty of manslaughter. In sentencing Nicholson, the Chief Justice said it was unnecessary in a case of thia sort to refer to the onormore number of times the prisoner had b9eu in the hands of the police for various offences. The evidence that had been adduced showed he was a man who would give way to acta of violence and had no control over himself and had no pity for this poor unfortunate woman, who was really beaten to death by him, although the actual external injuries were not very severe. He thought there was a difference between this case and one in which a deadly instrument was used, aud there was some suggestion that the woman was drunk, although he (His Honor) did not think so him* self, and passed a sentence of ten years' penal servitude on the prisoner. £U_W___B__