ALLEGED MURDER.

Auckland Star, Volume XLVIII, Issue 139, 12 June 1917, Page 6

ALLEGED MURDER.

LECKIE BEFORE THE COURT; (From Our Own Correspondent,) HAMILTON, Monday. In the Hamilton Supreme Court ye& terday afternoon, before his Honor, Mr. Justice Cooper, the trial of David Morgan Leckie, on a charge of murdering Albert Ryan at Hamilton on 6th April last, was continued. Mr. Gillies, Crown Solicitor, appeared for the prosecution, and prisoner was defended by Mr. McDiarmid. Percy Arthur Mayes, a returned soldier, gave evidence as to prisoner striking a stranger (alleged to be deceased) on the head with a bottle in the bar parlour of the Commercial Hotel, Hamilton. Cross-examined: The stranger could have made a threatening movement towards accused without witness noticing it, and it was also positive that tho stranger may have made a movement to kick accused. The latter struck the stranger on the chest with his fist previous to striking him with the 'bottle. There may have been other bottles about the room. Both men seemed sober, but showed signs of having a few drinks. I Robert Miller Taylor gave corroborative evidence. Witness said that prisoner drew the bottle from under the stump of his right arm. After receiving the blow the stranger staggered a little, and tried to retaliate. Cross-examined: Did not think the stranger made a threatening moment towards the prisoner. He was not prepared to swear that prisoner drew the bottle from under the Stump Of his right arm, but that was the impression he received. Louis Kirkby, barman at the Commercial Hotel, said he had since identified the stranger as the deceased. Witness said he saw prisoner strike deceased on the head with a bottle of lemonade. Witness interfered and prisoner replied, "The has ruined mc. 11l murder the ." Cross-examined: He did not consider the blow struck of much consequence, nor likely to inflict serious injury. Robert Walker Stewart, proprietor and licensee of the Commercial Hotel, also gave evidence. His attention had been drawn to the bar parlour after the assault, and he noticed blood on deceased's ear. Prisoner seemed to he in pain,.but deceased did not appear to>be seriously injured. Evidence was given by a housemaid employed at the Frankton Junction Hotel to the effect that her attenion had been dr&wn by loud snoring in NoA 6 room, occupied by prisoner and deceased. Alfred Waters, night porter at the Frankton Hotel, said that prisoner and deceased engaged a room at the hotel on the loth April last. They asked; for a room with two beds in it, pritorier giving the name of Morgan, and deceased that of Edmunds. When witness went to call them the door had something against it. Prisoner left about 6.30 in the morning. Cross-examined: To get the washstand from its proper place to where it had been placed against the door, it must have been lifted. ___-.■ aFraser Smith, licensee of the Franks ton Hotel, said that his attention wa» drawn to room No. 6 about 9.30 on the morning of the 17th April He foun i a man lying on, the bed who. appeared'Jo be in a 6eribus condition.' ~_Ttj||fff O TBR_r! blood on the pillow. He communicated with Dr. Noonan, and then rang up the police. Constables G: Tomlineori and 'C. Warneford also gave evidence; Dr. Noonan stated in evidence that he was called to see deceased oh the morning of the 17th April, at the Frhnkton Hotel. He fdund him in a deeply unconscious condition. Blood was coming from his left ear, which indicated fracture of the base Of tile skull. The ease was hopeless. He found no signs of cuts or bruises, the only external evidence of assault being blood from the left ear. It Wis probable that the injuries sustained could have been, inflicted by a bottle. In cross-examination witness said it was possible for a man to walk about, apparently quite well, suffering from a fracture of the skull. The injuries deceased sustained could have been caused by a fall. Dr. H. Douglas described deceased's condition on arrival at the institution, and also gave the result of a postmortem. By the indications ho was of opinion that a blow had been delivered over the region of the fracture. Mi-. Gillies: What was the gauge bf death? Witness: Pressure of the blood clot on the brain. 'Witness, further examined, said there Were no other bruises about the hetd. The injuries could have been caused by a blow from a bottle similar to the one produced. A common cause of fracture at the base of the skull was by wav of a fall. To Mr. MacDiarmid: The injuries could have been caused by a fall out of bed or falling against V.i iron bed. , In reply to Mr. Giifies, witness Said that the appearance of the man's stomach wa3 consistent with having) a fair number of beers. Other witnesses gave evidence similar to that given in the lower Court. Mr. MacDiafariid contended that the murder charge had not been sustained, that death was the result of a blow adiministered by accused as the result of provocation, that it Was possible deceased's injuries resulted front a fall ir the Frankton Hotel. The case is proceeding.