MANSLAUGHTER CHARGE

Press, Volume LXXIV, Issue 22465, 28 July 1938, Page 7

MANSLAUGHTER CHARGE

* MAGISTRATE DISMISSES CASE DEATH OF MAN AT PETONE (press association telegram.) WELLINGTON, July 27. A charge against Leonard Neiling. a labourer and brushmaker, aged 26, of causing the death of John Joseph Owen by an unlawful act, thereby committing manslaughter, was dismissed by Mr J. H. Luxford, S.M., in the Magistrate’s Court at Petone to-day after the hearing of evidence. J Constable G. E. King said that following a complaint received about 8.30 p.m. on June 7 he went to No. 25 Richmond street, Petone, then occupied by JoVirv Joseph Owen. He entered the . kitchen, when he saw Owen and Neiling. The latter said there was no trouble: but Owen said, “This is what he has done to me,” at the same time pointing to his face. Owen’s eyes , were both blackened, and there was . blood on his cheek. Witness asked if he wanted to make any complaint or charge against Neiling, and he replied, “No. All I want is for him to get out.” Neiling appeared to be stupid from drink. There were bottles of beer and stout and a bottle of whisky on the table. Witness called Owen outside, and when he returned to the kitchen a few minutes later Neiling had left. On June 10 Owen came to the police station to make a complaint. His eyes were both blackened, although the swelling had gone down, and both cheeks were bruised as well as both forearms. Witness said he did not smell drink on Owen. Fight Between Brothers Thomas Neiling, a motor-driver, of Petone, said the defendant _ was his brother, and used to live with Owen. At 4.30 p.m. on June 7 his brother was in a state of intoxication. Later Owen, witness, and the defendant had a bottle of whisky. Witness and his brother had an argument, and came to blows. Owen interceded, and was knocked over. Witness went for the police because he wanted his brother removed from the house. This would be about 7.30 p.m. About 10.30 p.m. there was another row. Witness had locked Owen’s door because he feared that if his brother came back there would be a set-to, and the old man might interfere. When Leonard Neiling came back he demanded to be let in, and forced the door. The defendant started throwing things about, and swung a chair round. Witness tried to take the chair off defendant, and in doing so received a crack on the head. In the struggle that ensued they went through a glass door in the passage. Witness had three stitches put in his head. As a result of what happened in the afternoon. Owen received a black eye and a bruise on the chin. Owen was employed at the railway workshops. He was subject to fainting turns, but was able to go to work after the episode. In the afternoon he had three or four drinks. Daughter’s Evidence Florence Lily Maude •Owen, a single woman, said that at one time she resided at 25 Richmond street, Petone, with the deceased, who was her father. Leonard Neiling was also living there. On June 6, Neiling said that he was going to leave. She took no notice and he said, “Don’t you want me to go?” She said that she had intended to ask him to leave two or three months before. He said, "Is it the money I owe you?” and she said “No.” He then started knocking her around. She rot out of bed and went up to the front room to sleep. This happened about 10 p.m. Owen was in his room and he sang out that Neiling was to leave her alone. When she went up to the front Neiling followed, so she went to her father’s room. He pulled her back into her own room. When her father was trying to stop Neiling, he was pushed back against the wall. Owen was hurt in the workshops about four years ago. In reply to counsel, witness said that she and the defendant had been living together as man and wife for some time. She did not know that the defendant’s people did not like his living there. “I submit there is no case for a jury on the charge of manslaughter,” said counsel (Mr T. G. McCarthy). The Magistrate said that he quite agreed. At the most the evidence showed that there had been a fight between the two brothers during which it appeared that Owen had interfered and received a slight injury which, in his condition, caused complications that resulted in his death. This was misadventure. The other charges were on a different footing. On charges of assaulting Florence Lily Maude Owen, and of committing mischief by wilfully breaking 14 panes of glass and a glass door, of a total value of £23 19s, Neiling was remanded to appear at Petone next Wednesday. Bail was allowed.