DISMISSED.

Press, Volume LXV, Issue 19666, 9 July 1929, Page 15

DISMISSED.

MANSLAUGHTER CHARGE. DEATH WOT DUE TO BLOW. tTU ?BBM Special Strrfee.] ■if «■••*% AUCKLAND, July 8. A charge of manslaughter arising out of a quarrel in Victoria street on June 24th, which was preferred against Thomas Nixich, aged 35, a Dalmatian labourer, in the Magistrate 'a Court, was dismissed by Mr F. K. Hunt, S.M. Niaich was charged with unlawfully killing Arthur Ludwig, of Burgoyne street, and an inquest into Ludwig 's death was conducted simultaneously, a verdict of accidental death being returned. Detective-Sergeant Kelly appeared for the police, while Mr Allan Moody represented accused.

Dr. Tewsley, who made the postmortem examination, said Ludwig had superficial abrasions on the left side of the forehead and the bridge of the nose. An internal examination disclosed j extensive htßmorrhage under the brain j membrane, and this was the cause of j death. The head was enlarged and the j heart muscle was degenerate and hyper- j trophied. Dr. Gilmour, pathologist at Auckland j Hospital, corroborated the evidence of j Dr Tewsley regarding the cause or i death. Hmmorrhage could be caused by a state of emotion or by a blow on the head. The only mark on the head was an abrasion on the left side of the forehead. The Inference he drew was that Ludwis; was liable to haemorrhages. Mrs Vera Butterworth, of Virginia avenue, said that she went to 139 Victoria street to get the key to a house in Nelson street. After she had seen the house she went back to 139 Victoria street and began to make arrangements with accused about renting the house. Ludwig walked in, not at her invitation, and commenced to argue with accused. Ludwig appeared to have had liquor, but accused did not appear to be under the influence of drink. When Ludwig went into the shop accused told him to leave. Accused pushed him out, but he came back. "Before I left the shop they both had their hands up as if to strike one another," witness said. "I left the shop and when I reached the Empire Hotel I saw Ludwig, accused, and other Dalmatians on the footpath. I did not see accused strike Ludwig, and I did not see him fall, as I ran away. Ido not know of any private dispute between accused and Ludwig. while accused did not give Ludwig any provocation. I had known Ludwig since I was a child." Mrs Martin Robinson, of Sale street. who had accompanied Mrs Butterworth. gave similar evidence regarding what happened inside the building. A crowd gathered in front of the shop and Mrs Butterworth ran into the crowd to separate the men. Witness saw accused J strike Ludwig in the street and he fell. < Before that she saw Ludwig take his , coat off. When the parties were in the j shop there was no blow struck. j Ernest Barratt, traffic inspector, who j was passing, said wheu he first saw the i two men they were in fighting attitude i in the street. He saw three distinct j blows. Ludwig struck Niaich twice in the face and then accused struck him. The blow givon by Nizich was not sufficent to knock Ludwig down. Both men seemed to have taken liquor, but accused was the more sober. Several more witnesses were then heard and. the Coroner returned the following verdict: "I find that deceased died on June 24th, and that the cause of his death was haemorrhage over the surface of the brain. The medical evidence shows that emotion or excitement would cause such hemorrhage in a man in deceased's physical condition, and I find that it was so caused, and not by a blow." Mr Moody submitted that in the face of snch a verdict there could be no case of manslaughter, and the Magistrate agreed, remarking that even if Ludwig had fractured his skull in his fall, he would not have committed accused for trial. Niaich was accordingly discharged.