THE KAIWARRA "MAN SLAUGHTER.”

Mr Justice Richmond made some re marks yesterday, la the Supreme Court, on the case of Edward O’Malley, who had been committed pn a coroner’s warrant for trial on a charge of manslaughter, arising out of the death of two workmen through a fall of earth, in the railway formation at Kaiwarra. The Grand Jury on Monday had found “no true Kll” against O’Malley as overseer of the and this prevented his trial_ before_ common jury for alleged- criminal negli gence. Mr Justice Richmond yesterday asked Mr Bell, the Crown Prosecutor, what course he intended, to take, as the Coroner’s warrant was Islill in existence, and O’Malley’s counsel might possibly think that his client would be in jeopardy hereafter until the warrant was disposed of. As to the Grand Jury, he did not mention this case to them, and indeed he felt sure a bill would be preferred by them. The case escaped his attention at the time, Mr Bell, Crown Prosecutor, said he might bring O’Malley before a common jury* and enter a nollo prosequi, so that O’Malley might be formally discharged. His Honor remarked that the commit ment was so erroneous in form, it might be impossible to sustain a conviction on it if the case went to trial. He thought that, under the circumstances, it would not be necessary for Mr Bell to taka any proceedings for getting rid of the Coro ner’s commitment.
A WITNESS MISSING.
