MANSLAUGHTER CHARGE DISMISSED

Press, Volume LXXIX, Issue 23891, 9 March 1943, Page 3

MANSLAUGHTER CHARGE DISMISSED

EFFECT OF PATHOLOGIST'S EVIDENCE (P.A.) AUCKLAND, March 8. The evidence of a pathologist, Dr. Walter Gilmour, this morning, freed John Kelly, a labourer, aged 43, from a charge of manslaughter arising from a: incident at a trotting meeting in Auckland on February 13. According to a police statement, Kelly was seen to be approached in the late afternoon of that meeting by a man named William Morrison, and witnesses wore prepared to say that Kelly had struck him one blow, knocking him down. Morrison died later. The evidence of the pathologist was that death was caused by cerebral hemorrhage, originating from a disease patch in the right vertical artery > "The rupture of this artery was probably inevitable in the ordinary course of events," said Dr. Gilmour. He did not think it would be affected by a blow on the face or head. The Magistrate (Mr J. H. Luxford, S.M.): I don't think we should proceed. The charge must be dismissed. Because the accused had had a manslaughter charge hanging over him, I do not think that even a common assault charge should be brought. The police said no further charge would be made.