A HARBOR FATALITY.

Taranaki Daily News, Volume LVII, Issue 201, 3 February 1915, Page 3

A HARBOR FATALITY.

DEATH OF MR. FLINDERS HURSTHOUSE. CHARGE OF MANSLAUGHTER FAILS On 21st September last an old resident of New Plymouth, Mr Flinders Hursthouse, lost his life as the result of his fishing-boat capsising. At the inquest on the body it was shown that the little craft was at anchor, and Hursthouse and his mate were fishing, when the New Plymouth Harbor Board's dredge Paritutu, making an outward journey to dump spoil from the harbor area, collided with her. All expedition was used in lowering a boat from the dredge, and Hursthouse's companion, a young man named Fitzpatrick, pluckily seized the old man and held him up till the rescuing party arrived. But apparently he was already dead. It was also shown that on the man steering the dredge was imposed the duty of keeping a look-out, and also that the position of the funnel obstructed the steersman's view_

At the Supreme Court yesterday, Ernest Albert Burton, the mate of the dredge, who was in charge at the time, was charged with manslaughter, in that he lad by his negligence caused the death of Hursthouse. The case was referred by the Judge to the Grand Jury, and in the course of his remarks His Honor said that it was alleged that negligence in the management of the dredge caused it to run into and cut down a fishing boat at anchor, causing the death of one of the occupants of the boat. The Grand Jury would have to decide whether the accused man had taken reasonable precautions. It was important to note that the matter of intent was not to be considered, as a man might be guilty of negligence and yet be entirely innocent of any evil intent. After a retirement of about half an hour the foreman, Mr N. K. MacTMarmid, stated that the Grand Jury found no bill against Burton, and added that the jurors desired to recommend an alteration in the method of working the dredge, by the provision of a look-out man. "A very sensible recommendation," remarked His Honor, "but, of course, it remains with the Harbor ' Board to say whether it shall be given . effect to." 1 The prisoner was accordingly dia--1 charged. „_„.