MANSLAUGHTER CHARGE

Press, Volume LXXXIII, Issue 25250, 31 July 1947, Page 4

MANSLAUGHTER CHARGE

ACCUSED FOUND NOT GUILTY

DEATH OF MAN AT NEW BRIGHTON

After a retirement of 55 minutes the jury returned a verdict of not guilty yesterday ip the case in which Jack McIntyre, aged 39, a labourer and seaman, appeared before Mr Justice Fleming in the Supreme Court for trial on a charge that on May 14, 1947, he unlawfully killed James Seddon Joyce and thereby committed manslaughter. Mr A. T. Donnelly appeared for the Crown, and accused was represented by Mr W. R. Lascelles. Dr. A. B. Pearson, pathologist at the Christchurch Public Hospital, said that, when he saw the body, Joyce had been dead for a week or 10 days. A postmortem examination disclosed that Joyce was normally strong and healthy. There was a bruise on the left cheek, a small cut on the forehead, and a cut on the muscle in front of the right ear. The front of the skull was fractured, and there was a fracture of the bone that forms the roof of the eye socket. There was a small bruise of the front of the brain. The cause of death was shock following a fracture of the skull. The injuries could have been caused by blows from a fist. Joyce’s skull was thinner than was usual. To his Honour: Either a blow above the eye or on the cheek could have caused the fracture. Actions in House James Finnerty, a pensioner, of Lyttelton, said accused and his wife (witness’s daughter) lived with him. Joyce called at his house on the evening of May 14. Joyce had two bottles of beer in a parcel. Joyce was sensitive about his baldness, and witness had never seen him with his cap off. There was some joking about Joyce’s bald head and his cap fell off. Joyce got the two bottles of beer and smashed them down on the table, breaking one of the bottles and also a piece off the table. Accused said: “Break the other one, Jimmy,” referring to the other bottle of beer. Joyce was very wild. He walked out the back door with Frank Mclntyre, who was no relation of the accused. A minute or two later accused followed them out. Joyce was quite sober. In reply to Mr Lascelles witness said he had lived in his present house for about seven years. An alleyway led from the house to the street, and even yet he had to be careful in walking along it on a dark night. Francis Ernest Richard Mclntyre, a' waterside worker, said he was at Finnerty’s house on the evening of May 14. About 6 p.m. Joyce came in and was offered tea, but he refused it. "Joyce’s cap was knocked off or fell off in the fooling,” said the witness. "He just flared up and said: ‘l’ll show you.’ He grabbed the bottles of beer and smashed them on the table. A piece of glass cut my wife’s hand. I grabbed him by the shoulder and said: ‘That’s a nice thing to do—a man ought to wallop you under the ear,’ or words to that effect. We went outside and were arguing. The accused came out and said: ‘This is my house—let’s go round the front.’ Joyce went round willingly. Two or three blows were struck. Both men put up their fists. Joyce went down and that was the end of it,” said witness.

Refused Taxi To his Honour: Both men shaped up. There was nothing unfair about it. It was like thousands of fights. Continuing his evidence, the witness said Joyce got up. There was blood on his face. He refused to go inside. Witness’s wife got a towel, water, and disinfectant and cleaned Joyce’s face. Witness suggested a taxi, but Joyce said he was “0.K.” and walked away. To Mr Lascelles, the witness said that when he was outside arguing with Joyce accused came out and tried to pacify the two of them. In the darkness a man had to pick his way very carefully up the rocky path leading to Finnerty’s house. There was nothing vicious in the fight. There was no kicking a man when he was down. It was just a friendly scrap. Accused and Joyce were friends before the fight, and they were friends after it. Vere Estelle Mclntyre, wife of Francis Mclntyre, said Joyce leaned over her, picked up the two bottles of beer, and broke them on the table in front of her. Beer went over her frock, and a piece of glass stuck in the back of her hand. Accused said he could not have that sort of thing going on in his house, and he went out after Joyce. When she went out, Joyce was sitting on the ground. There was a cut below his eye, and he was bleeding. He told her not to worry, for he was all right. She bathed his face and gave him a bandage to take home. Accused said he was sorry for what had happened, but he could not have that conduct in his house. William Birs Smith, waterside worker, of Lyttelton, said he saw Joyce leaning against the window-sill of a hotel about 7 p.m. on the night of May 14. Joyce’s face was puffed. Witness twice suggested that Joyce go to a doctor, but he said he would go hdme. Witness got a taxi and helped Joyce into it. Leonard James Hendon, a waterside worker, said Joyce was leaning against the hotel with his head on his arm. There was blood on the wall. Joyce looked as if he had been in a fight. William Tredennick said he was driving a taxi on the evening of May 14. He picked up Joyce about 7.30 p.m. “Joyce didn’t look a picture. He was the worst I ever saw a man. He looked as if he had been knocked about. I thought he wanted to go to a doctor, but he would not go, so I drove him home. There was dirt and blood all over his face,” said the witness. In reply to his Honour, witness said he wanted to take Joyce to the hospital, but Joyce said, he would jump out. Joyce Found Dead Robert Henry James Lewis, a labourer, said he had been living at Joyce’s house in Lonsdale street, New Brighton. On the morning of May 15, Joyce told witness he was not going to work. When witness returned at night, Joyce was in bed. He had a mark under his eye. Witness left the next morning for the West Coast, and was away until May 28. He had to get into the house through a window. He found Joyce dead. Barney Herewini, a labourer, said he stayed at Joyce’s house on the night of May 15. Next morning he went into Joyce’s room to see him. He was sitting up in bed, and asked witness for a few cigarettes. Witness left for work, and did not go back to Joyce’s, but stayed at his own place at Lyttelton. Henry James Wilson Waddell, a motor driver, said he lived next door to Joyce. On May 28 he went with Lewis to Joyce's house and saw Joyce’s body lying on a bed. He reported the matter to the police. Acting-Detective Harding said he went to the house on May 29. Joyce’s body was lying on a camp stretcher. The room was very untidy. There were four £5 notes in a pocket. Senior-Detective F. J. Brady said there was dried blood and mud on a coat in Joyce’s room. There were traces of blood in other rooms in the house. Detective-Sergeant G. Alty read a statement made by the accused. This statement told of Joyce’s actions in the house at Lyttelton. Accused said that when Frank Mclntyre and Joyce were arguing outside accused tried to pacify them. He went inside, and'when he saw the mess he went back out and asked Joyce to go round the front. Blows were struck by both of them. Accused struck three or four blows and Joyce fell down. He had no intention of doing Joyce any injury. The only reason he struck Joyce was because of his conduct in the house. They were both a little hasty. They parted on friendly terms. Address to Jury No evidence was called for the defence. Mr Lascelles, in his address to the jury, said it was one of the most doubtful cases of manslaughter ever presented in the Court. There were causes other than assault which could reasonably account for the death of Joyce. After the fight Joyce said he was quite all right. That was -not consistent with the fact that he had a fractured skull. Joyce’s face was cleaned at the conclusion of the quarrel, yet, when he was seen by the taxi driver, h'is face was covered in dirt and blood. His overcoat was muddy down the front. There was a dark alleyway leading from Finnerty’s house. It was rocky underfoot. If Joyce stumbled and struck his head on a rock he could have fractured his skull and dirtied his face. It was raining that night. That Was the only real explanation of the result. In respect of later events, they did not know what had happened in Joyce’s untidy home, to which visitors resorted fre-’ quently. Counsel submitted that the Crown had failed to prove its case. The jury iretired at 4.5 p.m., and returned at 5 p.m. with a verdict of not guilty. His Honour: Accused, you are discharged without a stain upon your character.