MANSLAUGHTER.

Otago Witness, Issue 2896, 15 September 1909, Page 3

MANSLAUGHTER.

TRAM CONDUCTOR SENTENCED. (Faoit Ova Own Cobbsspondent.) AUCKLAND, September 8. In sentencing the tram conductor (Herbert Birkett) to-day to six months' imprisonment, without hard labour, in connection with the death of Mrs Horsnell, of Christchurch, in June last, Mr Justice Edwards made some remarks which defined his views of the obligations of these men towards the travelling public. " You have been found guilty," said his Honor, " and no other verdict was possible, of causing the death of an old woman through ! your own gross carelessness. It is equally, indisputable that this is a culpable wrong., | It is the duty of any person in charge ot t \ dangerous machinery to be most careful' in the handling of it, and that you were' I irost careless is beyond doubt. I believe you to be a respectable young man, and! my belief in that respect has been con- ' firmed by the evidence as to your charac1 ter which has been given, but it is quite impossible that I can hold out to conductors and others the prospect that they can. commit future offences similar to that of which you have been found gnilty without being punished. Your counsel asked me not to inflict imprisonment upon you. When I asked him what alternative punishment he suggested there was no answer, because there could be none. It is plain that you must be _not to make an example of you, but in order not to create an example which .would haVe bad consequences, hat though you will be imprisoned, you will not be branded as a ciiminaJ. You have been guilty of gross arid culpable negligence, but you do not belong to-the criminal class. Your counsel has suggested that you will have to herd with other criminals. I am glad to be able to inform you that this is not the case. I have felt my responsibility- in this matter, and I have inquired from. and been informed by, the gaoler that if I sentence you to imprisonment without, hard labour you will not be obliged to .associate with criminals of any sort, and you will come out of gaol, at the end ot your time without deterioration of character. There will then be no reason why you should not be employed by any respectable person just as much as if I wer« . to let you go free now."