*
...
154
I submit that the only possible conclusion in this case,
at least so far as the officers and ren of the battery are con-
I do cerned, is that it is a case of death by nisadventure.
not ask your Worship to find any verdict against anybody else, because I do not think that the evidence would justify it, and for the moment I am more concerned at the aspect of the case as regards the officere and men of the battery.
•
His Worship I am very grateful, Mr. Attorney, for your
assistance in this inquiry. This inquiry is part of the regu- lar procedure under which a magistrate, for the time being act-
- ing as coroner, investigates all deaths resulting from violence.
The evidence renders two things perfectly clear.
Firstly, that the discharge of this shell which was res-
ponsible for the death of the deceased, was a necessary act of terimae in time of war, It was fired, not with the object of
taking life, but solely in order to stop the approach fa
gapl which had not yet been ascertained to be friendly, at
se when hostilities were actually in progre88,
wesondly, it is clear that the firing which occurred
vy executed recklessly. Caution was shown both by
g shots, and ultimately by firing in such a marmor the ship as slightly as possible.
Fortunate and regrettable that the deceased should
but the responsibility for the occurrence
by the master of the "shikolu Maru.'
conclusion on the facts is that this case is one
\misadventure, and that is the finding which I