MANSLAUGHTER ALLEGED.

Press, Volume LXVII, Issue 20223, 29 April 1931, Page 16

MANSLAUGHTER ALLEGED.

TWO MEN CHARGED. MAN'S DEATH AT TIMARU. (spicxjll to teb paisi.) TIMARU, April 28. A charge of manslaughter and sir subsidiary counts involving attempted robbery and assault, were preferred against Thomas Jamas Cox and John Henry Fitzgerald, of Timaru, in the Supreme Court to-day. The case was ibc sequel to an alleged assault in a motor-car in. Conoor road on the afternoon of Saturday, April 4th, as a result of which Robert Galvin Rahilly -Visbett received injuries, from which he died. It was alleged that Fitzgerald struck Nfsbett twice on tho jaw, and the latter, in attempting to escape from the car, fell, a rear wheel passing over his bodv. His Honour Mr Justice Adams was on the Bench. The Crown Solicitor (Mr W. D. Campbell) conducted the case for the Crown, and Mr A. D. Mcßac appeared for both accused. A plea of not guilty was entered by Mr Mcßae, on behalf of the two accused. Opening the case for the Crown, .Mr Campbell said that the charges could -ba divided under two headings—manslaughter, and assault with intent to commit robbery. Tho first witne&s was Dr. K. D. King, who said that he had been called to ihe scene of the accident in Conoor road on tho afternoon of Saturday, April 4th. Nisbett was lying in the <entr<* of the road. He was suffering i'rom a compound fracture of the left, tuigh, extensile hemorrhage, severe shock, and other injuries. Mr Mcßae (to witness): Had Visbett had any intoxicating liquor!— 'There-was a faint smell of alcohol. Dr. J. Campbell McKenzie, Medical Superintendent at the Timaru Public Hospital, said that Nisbett's left leg was amputated on the evening of his admission to hospital, and he ,died in the early hours of Monday morning. To Mr Mcßae: Witness did not notice whither or not Nisbett had been drinking. He could smell no liquor on Xisbett. _ Frederick Thomas Jones, barman at tho Empire Hotel, said that he had served drink lo Nisbett and Fitzgerald on the afternoon of April 4th. The two men loft the hotel in company with Cox. j All three men were sober when they left the hotel at 4.20. To Mr Mcßae: Fitzgerald and Nisbett had only one drink. Mr Meßae (to witness): Who tendered the money for that drink?—lt was Nisbett. •* If we call evidence to show that Nisbett was in the bar from 2.30 that afternoon, what would you never 'saw him. Well, then, how did Nisbett pay you for the drink he had with Fitzgerald t He handed me a. ten, shilling'note. A Evidence was given by. Patrick John Joseph Sullivan, a mechanic, who was - inConoor road cn the afternoon of Saturday, April 4th. He saw. a car swing into Conoor road from Otipua road. - < Screams were coming from the car, and witness saw that a man was trying „ to get oat' by the Tear, right-hand door, but waif being held by another man in the back of the ear.'. ■ . tSdw&rd Duggan, brother-in-law of Nisbett, identified an overcoat , and a cap (produced) as halving belonged to ,bim. Detective L. Studholme said that on April sth he searched the locality where Xisbett had been lying. Over a fence, on the north side of the road, he found a cap and coat belonging to the deceased. They were 200 yards away from where Nisbett had been lying. Reginald Charles Cooper, taxi-driver, raid that on Saturday afternoon, April 4th, Se i»w tjie two accused and Nisbett enter a motor-car in Church street. AH three men appeared to be quite sober. Schoolboys' Evidence. , Lester Joachim Dunn, a -schoolboy, thirteen years of age, said that on the afternoon of April : 4th he was going - pioa& J Conoor road, towards' Otipua road. He was accompanied by another boy, Francis" Waller. Witness saw a ear turn, into Conoor road, and heard screams coming from the car. "Am' it passed, witness aaw a young man awing out on to the footboard. He Was red in the faee, and bis eyes were closed.' He was being held by another man inside the car, who had an-arm round hi* waist. - Witness saw -the Mm« car some time later/ when he roturned from his milk round. 4 To Mr Meßae:' The car was going fairly fast when 'itpaased witness. . j Francis* Joseph. George ' Waller - corroborated the evidence of the previous witness. • Henry Lewis. Butler, service station proprietor, said that on the~. afternoon of April 4th he was going along' CJonoor rWd towards Fairview, when he noticed, a man lying on tife road. His leg. was broken, the bone protruding, and lie wop lying in a popl of blood. When witness proceeded on his journey ho' passed a ear further down the road. Tlie two accused .were standing fit the batk of the car- "Later; 'when'witness . wis coining into town; he was stopped by Cfoi, who said. he was out of' bon- • * zine. Cox asked how Nisbett was, and witness replied that he was badlyaoashed up. Constable W. W. Devine gave evk dence arto the arrestgf the men, whom' he found where they had halted their motor-ear. Fitzgerald resisted, and witness threw him tp the ground, and with the help of bystanders lifted him into the oar; =• Fitzgerald resisted vio'lently all the way to the police station;

Crown Case Concluded, . ,1 John Black/ a gardener, employed at the Talbot Fever Hospital, said he waa , working in his private garden on Saturday afternoon, April "4th, "when :he | heard screams coining from, the direction of Conoor. road,- • Witness .then saw a-car down .the. Kill. .The screams continued for some time. Sud- t denly a man appeared on the. running board, and' then' fell on his back ori 'tha, road.- The- car did not; stop.r Witness, went l dowja to the road,, and found that i « the was badly.ipjpred. I The " (JjJflß" "depositions of Nisbett, ] a t the Public Hospital, were then; read to* thp jury by the Registrar. This-* concluded- -the case for the Grown; Mr Mcßae said that, he did'not propose to (ill any evidence for the defence. Addressing the jury,. Mr Campbell wiid thai tbei ? ijfls no question bat that the accused were the men who had the -unfortuajite Nisbett in the back of the <*ar, and It was equally clear that after tJte mishap * they' had endeavoured to cpver up their traces by getting rid of his cap and overcoat. . -Therefore, the Crot?n laid a clsxget of manslaughter against the two accused, and, further, iritb awaulfc and attempted robbery. The whole; thing appeared very much lilw » conspiracy oil the part oftho