"A DRUNKEN BRAWL"

Auckland Star, Volume LVII, Issue 205, 30 August 1926, Page 5

"A DRUNKEN BRAWL"

IN VICTORIA STREET. ! t A YEAR-OLD CASE. , YOUNG MAN CHARGED WITH MANSLAUGHTER. j ! Having only recently been arrested in i Australia, and brought" back to Auckland, Colin McDonald (23) appeared at the Police Court this morning, when he was charged with manslaughter by killing Andrew Soutter. in August, 1925. Chief Detective Cummings prosecuted, while Mr. R. A. Singer appeared for accused. Dr. D. N. W. Murray said that at about I 11 p.m. on August 2*o of last year he j received a call, and found Andrew j Soutter unconscious and in a dying con- | dition. He was removed to the hospital. | ' where he died. Deceased was (50 years j ' of age. A post mortem revealed nomarks of violence except on the right j shoulder blade and left hand. The cause j of death was a fracture of the skull and hemorrhage. The next witness was Ernest Walton, labourer. On Tuesday, August IS. of i last year he left a job near Whangarei, where he worked with Soutter. They came to Auckland. Deceased was about ,"><). and was a native of Scotland. He had no relatives in New Zealand. Soutter and witness were living in Angus McCabe's boardinghouse in Victoria Street. Witness and accused had been round the various hotels drinking, and on August 20 they were both in the Oxford Hotel with another man. About half-an-hour after the hotels closed witness and deceased, while walking down Victoria Street, were overtaken by three men. Soutter was ahead of witness, and as the men passed him an argument ensued. Witness saw a man strike Soutter two blows, arid he fell to the ground. As he struck the ground Soutter.'s head hit the footpath. Deceased did not strike anyone. Witness went to Soutter'g assistance, and was struck a blow on the neck. He could not swear whether it was the same man that hit him that had hit Soutter. After witness was struck the three men went lown in the direction of Queen Street "for their life." How long had Soutter and yourself been out that day?— From 9 "in the morning. Did you tell the police that you uidn't remember whether you struck the three men yourself?— No. Mr. Cummings: Did you see the accused there that evening?—Xo. I don't know him from a bar of soap. Thomas Michael Grace. labourer stated that he heard an argument, or rather a drunken brawl, in which five men were taking part. Deceased and Walton were among the five. Much bad language was used. The argument was directed against the oldest man, I Soutter. Witness saw one man strike Pointer, who fell, striking his head on ' the footpath. He also saw Walton j 'truck. Walton fell down. The other :hree men ran into Hobson Street, and ' .vitness followed them, with the idea of meeting a constable. The three men went into the Thames boarding house as quickly as they could. Witness then returned to the scene of the brawl. Soutter was still unconscious. Walton | ,vas well under the influence of liquor. ] The man who struck Soutter was dark, md appeared to have Maori features. : tnd was about 30 years of age. Mr. Singer: You were not able to dentify accused as the man who struck i- - blow?—Xo. Brian Leen. who was next called, said lie observed three men go up Victoria • ■■" - amu; Hobson "Street, and into he Thames boarding house, on the flight in question. As the trio passed vitness. he noticed one man holding his -ijrht thumb up. This man was dark, and ippcared to lip about 2.~> or .".() year? >f acre. Witness joined Grace, the previous vitness, and another man. and followed he three men until they disappeared. The man who was nursing his thumb *s he passed witness said. "Hurry up. Ny thumb is sore." Witness could not identify accused. Henry Jigsrens. proprietor of the Thames boarding house. Hobson Street, old the Court that accused had a room it his house on the date in question. Accused came into the house shortly ifter (i o'clock, with two friends, and nterviewed witness in connection with in apparently recently sustained injury o the thumb. He said he had just been n a fight in Victoria Street. The iccused booked-in under the name of : lenderson. but witness afterwards oiind that his real name was McDonald. iVitness identified the accused at the Auckland Folice Station on August 17. is the man lu> had seen on the night in question. Evidence given by Joseph Noon, a partner of -Tigcrens. corroborated the evidence of the boarding house proprietor. Donald McLeay, an officer of the Marine Department, gave evidence to :he effect that McDonald had been employed on the s.s. Moeraki. which arrived at Sydeny on September I. An »ntry in the log said that McDonald had taken his effects, left the ship at Sydney, mil was deemed to be a deserter. Constable Bowman said that shortly ifter fi p.m. he proceeded to the scene of tie affray., He examined dec-eased. Hi* ireat'-i smelt strongly of liquor and lie appeared to i>e helplessly drunk. He ivas unconscious and was conveyed to the •lolice station, where Dr. Murray ordered lis removal to the hospital. He died in the institution that evening. Constable Delaney said that a warrant was issued on September 25 for the arrest of the accused for manslaughter. Witness executed that warrant in Sydney in August, lf-26. Tlie accused admitted that he was the man mentioned in the warrant, but said

nothing further. Detective-Sergeant O'Brien said he saw the accused at the Auckland police station alter he had been brought back from Sydney. The accused said he rememhervi nothing of the occurrence. He was a professional boxer. an,l ai the time of the aifray he was an amateur. The accused reserved his defence and was committed to the Supreme Court for trial. Hail was allowed as before.