The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-12-11 00:00:00

the Mistletoe, though proceeding in the direction
of Hyde, had eased off, and was steering a course
rather parallel than at right angles to that of the
Alberta. His Lordship here read portions of the evi-
dence given by Captain Welch, in which he stated
that the Mistletoe was previous to the collision steering
a course nearly parallel to that of the Alberta, and that
be supposed she was merely trying to c,)rae as near
Her Majesty's yacht as possible, but did not intend to
cross her course. If this account of the case was cor-
rect there would be no necessity for the Alberta to alter
her course, BB it was urged by the other side she should
have done. The jnry might, perhaps, doubt Captain
Welch's evidence, not as being that of a preju-
diced witness, but on the grounds of his possibly
having been mistaken; but that was a question for
tl-eir decision. The learned Judge then adverted to
the fact that although Mr. Heywood, the owner of the
Matietee, denied in his evidence that any orders to
approsch the Royal yacht had been given, yet some of
those on board the Mistletoe had sworn that it was
intended that they should get as near to the Alberta
as they could; and orders had been given to dip their
flaz. Stokes, the steersman, was the only man who
could have cleared up this point with certainty, and
he was dead. It was for titt jury to decide upon
which evidence they placed most reliance as to the
respective positions of the yachts and the course
steered by each. The learned Judge, after again
expressing the reluctance with which he had touched
upon the facts, then proceeded to explain the law
of manslaughter to the jury. He said there were
three q:vays in which a man might be guilty of man-
slaughter. First, if an incompetent person undertook to
do something, and in doing it killed another, owing to
his incompetency; as if a man having no knowledge of
medicine treated a case, and by his incompeteney
caused the death of his patient. Secondly, if a man,
although having competent skill, was so negligent and
careless as to cause death; as if a competent doctor
carelessly administered a wrong medicine, whereby
death ensued. And, thirdly, if a man be perfectly
cooapetent to do that which he has undertaken to do
and is not even careless or negligent, but is recklessly
indifferent to the lives or safety of those persons
whom he has to deal, he is guilty of manslaughter;
as a good driver driving recklessly through a
crowded thoroughfare would be guilty of man-
slaughter if death was the result. The law did
not make an act criminal because it was not per-
fectly skilful, perfectly careful, or perfectly cautious.
It only did so where there was a culpable want
of skill, care, or caution. No error of judgment could
make a man guilty of manslaughter. Had this been
a civil action for recovery of damages under Lord
Campbell's Act the case might have been different. If
the question were asked where the line was to be drawn
between civil and criminal responsibility, he would
answer that such a line could not arbitrarily be defined.
His Lordship proceeded to comment on the facts of
the case, pointing out that Captain Welch had for 27
years commanded the Royal yacht, and this was the
first occasion on which any accident had occurred,
although the speed of the Royal yacht had always
been about the same. After a few further remarks the
learned Baron directed the jury that if they found a
verdict of manslaughter against any one it must be
against Captain Welch, and he alone, as he was in
charge of the Alberta at the time of the collision. At
the conclusion of his address his Lordship said that the
jury were now in the hands of the coroner, who might,
if he thought fit, address them further on the facts.
His Lordship expressed this readiness to render them
any further assistance should they require it.
The jury then retired with the coroner, and after
about an hour's deliberation were discharged by the
coroner, having been unable to agree on a verdict.