CHARGE OF MURDER.

Auckland Star, Volume XLI, Issue 165, 14 July 1910, Page 5

CHARGE OF MURDER.

WAITEMATA HOTEL Aimiß. i YOURSELF." A3 a sequel to the violent death, of the man John Mason. Price in the public bar of the Waitemata Hotel on. tie afternoon of the Ist July last, Charles Tucker appeared in the Police Court today, before Mr. E. C. Cutten, S.M., charged with murder. . . Sub-Inspector Hendrey - appeared for the prosecution, and Mr. J. R. I/undon for the defence. ;. . i Tucker was guarded by two constables in the dock.. He showed no signs of nervousness or anxiety, and appeared to be quite unmoved during the proceedings.Thomas Gresham, City Coroner, gave evidence, ac to having presided •over an inquest concerning the death'of John Mason Price. He produced the axis vertebra, and the small portion broken, off, taken from the body of the deceased, and produced at the inquest. To Mr. Luiidon: At his direction on questions of law, the jury returned a verdict of manslaughter. . Eγ. Milsom said thaif he was called jtn to attend the deceased on the evening of the. Ist July, but when he saw him he was quite dead. He had, probably been dead for 20 minutes. He noticed a swelling on the right side of tie neck, near the angle of the jaw, apparentlycaused by : bleeding ins the meek. On the surface of the swelling was an old scar. Subsequently witness made a ppist mortem examination of the deceased. He then discovered that at the base of the brain there was diffused a considerable amount of blood, which apparently came from the opening of the spinal column. The swelling in the neck consisted of recent blood clot, and in this he discovered a fragment of bone which was broken off' the horizontal portion of the first piece of the spinal column. The artery running through this portion of the vertebrae column.was ruptured, and it was the consequent haemorrhage on to the • brain, which caused death." There was .no other fracture, and all the organs were.' healthy. The fracture of this bone must have j been caused by direct violence. \Frbm ! the front this bone was protected by the jaw-bone, so that it would have been, impossible for a man to strike the" blow which caused death from the front. The blow could have been struck by a person to the rear of the deceased. Witness could not say how soon after the rapture of the artery death would _ensue, but thought it would be a matter of minutes only. An injury such as that .suffered by the deceased, might cause practically instantaneous death. The injury could not have been caused by a, fall on to the floor. Assuming that the blow causing the injury, was struck with. the .fiat,; it must have, been of considerable violence, the impact 1 must have been made with the , knuckles, and the blow must have been hit with ! the right arm by a man to the rear of the deceased. Also deceased must. have had his head turned to his left .-tor,expose the bone. The examination disclosed nothing to indicate that deceased had been drinking to excess. James Edward (yshaughnessy, 'barman, stated-that on the Ist July he was m charge of the public bar of the Waitemata Hotel during the afternoon. Witness knew-" deceased iman Price, and remembered his coining into the bar at about .4.30. He was accompanied by a friend, with. whom, he had two drinks. Some minutes afterwards deceased called witness over and told; him that .another man, Hurley, had called him a 'beercadger. Witness told him that the drinks had 'been paid for, and Price turned to Hurley and asked him to with-, draw his words. Hurley re_fused, and I Price said, "If you: don ? t I'll wipe the floor with you." Hurley still refused, and eventually Price attacked Hurley, and punched him three or'four times. Hurley stepped back and tried to guard his face. When Price was in the act of striking another blow, Tucker stepped rapidly .towards, Price and 'behind him, and hit Price "-with bis right fist on the right «de of the. head or. neck, saying at the time, "Have one yourself." Price felL Almost immediately he made an effort to rise, but he got up Tucker struck him another blow on the same part of the head. Price fell on. his back and did not move afterwards. T)eceased could have struck some mineral water boxes with his head, in 'falling,, but witness "hardly thought he did..Borne of Tucker's friends immediately hustled, or helped Tucker out of'the t bar. Price could not have seen Tucker coming. towards; him to strike him. Richard Collins, assistant barman at the Waitemata Hotel, corroborated' the evidence of the witness O'Shaughnessey. Alfred Charles ' Hansen, , seaman, said that he was in the .Waitemata, ibar when. Price was • killed. He liad heard some remark about beer cadger, and then he. saw Price hit Hurley. Hurley .tried to hit Price, but wjtness did; not think he succeeded. Tucker came : froin another part of the bar and.struck Price, from •behind a severe blow behind the ear. Price fell to !his knees, and as he was rising Tucker struckhint again in about the 'eanie place.-. Price fell on his back and lay still Witness was afraid that the affair was serious after he saw the second blow struck, and he hurried out of the bar in, case he should be "dragged intoit." "■.[■'■ Benjamin William ißerryinan, waterside worker, gave a similar account of the occurrence. , * • .■. : Arthur" Ruthledge, bread carter, was also in the bar. He,knew Tucker, but not Price or Hurley. He heard an altercation 'between Price and Hurley, and. then saw the two scuffle and fight. Saw Hurley stagger back, and then saw Tucker hit Price from behind. Tucker was more to the side than to the rear of Price when he struck the blow. Price staggered or stumbled, but - witness could not say .'whether he fell to his knees. ■He had not recovered hie feet properly when Tucker hit him: again, and Price fell on his back. Simon King, bushman, said that he was A Tucker's company in the bar immediately before Price was killed. They were having a drink when an argument started at the other end of the counter. The two men concerned were not fighting. Presently Tucker said, "My mate's in a row," and made to go over to him. Witness said, "Don't interfere with him,* and grabbed him by the coat, but Tucker paid no heed to him and rushed over. Witness saw Tucker "lit a man who ■was standing "sideways on" to him. A crowd rushed round, the men then, and he did not see any more of the affair. . .". .-■■."'■ (Proceeding.)