Trial of H. W. Finley for Murder.

Manawatu Herald, 3 December 1892, Page 2

Trial of H. W. Finley for Murder.

The evidence for the prosecution in the above case was concluded on Thursday morning, and as Mr •Tellicoe counsel for the prisoner lecided to call no evidence for the lefence, Mr Pell addressed the jury. Mr Jellicoe followed, after which [Its Honor the Chief Justice summed up, and reviewed the evidence at groat length. At eight in the ovening the following issues were put for die jury's decision ;-— 1 . Was the discharge of the pistol accidental or intentional ? (a) If *o was it done by the prisoner in -elf defence, and to protect himself from death or serious bodily injury : n tended towards him by tho de•eased ; or (b) though such injury was not intended by the deceased, was it done in self-defence and from rhe reasonable apprehension of death ■n- serious bodily injury induced by the words and conduct of the deceased and those acting in concert ■vi'li lt'in. ilioneh the d n cpa<wl may not in fact have intended death or ; ■cions injury ; 'c) if not in self defence was it done after an assault made by the deceased on the prisoner though short of an assault calculated ,o kill or cause serious bodily injury ; or (d) was the effect of the ■!ondnct of deceased such as to pro voice thn angry passions of the prisoner, or to cause such alarm as i) deprive prisoner for the time of he use of his reason and power of ■self- control. 2. If accidental, then the prisoner is entitled to be acquitted. 3. If not accidental but was inL .entional, and you negative the 'lefence of self-defence and provocation, then it is murder. If yon find he act was done under such provoca tion as is expressed in C and D, hen the prisoner should be con victeel of manslaughter If in necessary self defence, as expressed n A and I 5), then the prisoner should be acquitted. ,-a t ilie request of Mr Jellicoe, His 'onor in further directing the jury, said ' accidental ' involved accident by negligence, or accident of any other kind. At 10.25 p m. the jury re entered and filed into their box. As soon as His Honor appeared upon the Bench, the foreman of the jury asked if they were at liberty to tdd a rider to their verdict as to the ■.enieney or otherwise of the sennnop to be imposed for mans'aughter. His Honor said: Yes, it is just that kind of case in which the jury may express their view about the facts. Manslaughter depends very much upon the view the jury take of che facts. The Foreman : Then on that iccount the jury bring in a verdict >f manslaughter on the issues O and D, and the jury wish the prisoner to •eceive the severest punishment tnder that verdict. His Honor: That is to say you mswer affirmatively the issue of oro vocation, and negative the issu? if self-defence. In other words, you find the prisoner not guilty f murder, but guilty of man ■daughter. The Foreman : That is so, Your Honor. — N.Z. Times.