INDIAN’S DEATH

Press, Volume LXXVI, Issue 23080, 24 July 1940, Page 4

INDIAN’S DEATH

* VERDICT OF ASSAULT RETURNED (PRESS ASSOCIATION TELEGRAM.) AUCKLAND, July 23. A verdict that John Kite, a labourer, aged 23, was guilty of assaulting Rama Khushal, an Indian, who died in a swamp at Huntly on May 18, was returned by the jury in the Supreme Court to-night after a retirement of four hours. An alternative count in the case was that of manslaughter. No evidence was called by the defence; but counsel submitted a motion for the withdrawal of the manslaughter count on the grounds that there was nothing to prove that the accused was either directly or indirectly responsible for the Indian’s death, or that he was killed, since a doctor had given evidence that the Indian died of drowning; and how that came about, said counsel, was a matter of guesswork. There was no proof that Kite threw Khushal into the swamp, that Khushal stumbled into the swamp while trying to escape from him, or was dazed from the assault and fell over-the bank into the swamp.. One hypothesis not unlike 1 v. said counsel, was that some third party might have thrown the Indian into the swamp. The prisoner was remanded for sentence. \