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HALIFAX DISASTER RECORD OFFICE
CHRONICLE BUILDING
HALIFAX, N.S.
April 18, 1918.

Journal
[Newspaper clipping]
COMMANDER WYATT WAS ACQUITTED AND RELEASED
The Jury After a Short Deliberation Returned a Verdict of Not Guilty In the Manslaughter Case - - -The Defence Called No Witnesses

Commander Wyatt was acquitted of the charge of manslaughter in the Supreme Criminal Court yesterday afternoon, and released from custody. The defence called no witnesses. Judge Russell's charge to the jury was in favor of the prisoner. The jury retired at 3.30 o'clock and returned at 4.15 o'clock with the verdict of "not guilty."
The criminal trial sittings of the Supreme Court resumed yesterday, Mr. Justice Russell presiding, for trial of Commander F. Wyatt, on the charge of manslaughter in connection with the December 6th explosion. Crown Prosecutor Cluney, K. C., and A. G. Cummings, appeared for the prosecution, L. A. Lovett, K. C., for the defence and T. R. Robertson K. C.. and B. T. Graham for the Naval Department. With the original and the new panal drawn for the trial there were present a large number of jurymen from which to select the twelve to try the case.
Mr. Lovett, K. C., applied for permission for Commander Wyatt to sit beside him at the Bar for purposes of instruction and Crown Prosecutor Cluney agreeing, His Lordship granted the unusual application.
The jury to try the panel as finally selected consists of the following: Ralph P. Forbes, M. O'Connell, Vincent Pettipas, Matthew Mavette, Josiah S. Kirkwood, Walter J. Busch, R. P. Proctor, John P. Bottomly, G. Verdi, F. W. Bissett, Alex Conrod and Wm Phillips, Mr. Proctor was selected as foreman.
The jurymen challenged for cause or stood aside were Fred Brett, A. Cook, Alex. Conrod, Wm. Crooks, Fred Greenough, Wm. Mosher, Thos.Pace, L. J. Brunt (said he had already formed an opinion) J. E. Ward, John Sheridan, J. W. Brookfield, Stephen Myett, Chas. Baker, Norman Morash, Clifford H. Smith, A. L. Gates, Richard Yeadon, Thos. Bell, Robt. Currie, John Cross, Dennis O'Brien, J. E. Ferguson, L. J. Brunt, H. J. Trider, Alfred Carter, B. P. Saunders, H. Bryant, and R. O. N. Duggan.
Messrs. Conrad and Wm. Philips were recalled and accepted as jurymen.
Leeves Coller, L. K. Payzant, R. Stevens, J. C. Jones, Geo. Banker, Jacob Trude, (a Swiss not a naturalized British subject and L. Wilson were excused from jury duty for various causes.
Pleaded Not Guilty
In answer to the charge of unlawfully killing or slaying Pilot Wm. Hayes on the S. S. Imo, dec 6th the defendant pleaded not guilty.
In his opening address to the jurymen Crown Prosecutor Cluney said the general results of the Dec. 6th. explosion had nothing to do with deciding the matter before them, the simple question for them being was the defendant in consequences of negligence or otherwise responsible for the death of Pilot Hayes, and the information on which they came to their conclusions must be the evidence of witnesses on the stand. He described the main facts of the explosion and said the defendant at that date occupied the position of examining officer in charge of navigation in the harbor so far as sea going shipping was concerned. The question was, was the defendant, because of lack of precaution to have a clear course for the Mont Blanc, guilty of criminal negligence in the matter of the collision.
Mr. Cluney then called as the Crown's first witness, Capt. Walter Hose, R. N. Captain of Patrols on the Canadian Atlantic coast since Aug. 24th. 1917, who was acting superintendent of the Dockyard for a few weeks in October and November last, taking the place of Capt. Martin, this was up to Nov. 21st. and at Chief Examining Officer. Confidential regulations regarding the harbor were in the charge of the captain superintendent and the Chief Examining Office, would or should be familiar with the references therein to his department.
Capt. C. Srewart, Chief Examining Officer, the next witness, said that he was in charge of the regulations in force Dec. 6th, for the Chief Examining Offices (copies produced on subpoena.) Had not looked at these regulations as affecting his duties as "C X O" at present.




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MG 1 volume 2124 number 103