MANSLAUGHTER CHARGE

Press, Volume LXXXVIII, Issue 26856, 8 October 1952, Page 11

MANSLAUGHTER CHARGE

POLICE OFFER NO EVIDENCE ACCUSED DISCHARGED ON ; ASSAULT COUNT (New Zealand Press Association) AUCKLAND, October 7. When Kenneth William* Kemble, aged 44, a jobbing builder, appeared in the Magistrate’s Court today on a charge of the manslaughter on September 29 of Wilfred Cullwick, a 58-year-old labourer, the police offered no evidence, and Mr W. S. Spence, S.M., dismissed the charge'for want of prosecution. A charge of assaulting Cullwick was then preferred against Kemble, who pleaded not guilty. The Magistrate said that, although he was satisfied there had been an assault, he did not propose to convict,' in view of all the circumstances and particularly the medical evidence. Kemble was discharged under Section 18 of the Offenders Probation Act. Detective-Sergeant Holmes said that Cullwick owned a house at Otahuhu. Kemble and his family lived there, and instead of paying rent they had bbardqd Cultwlek. With two exceptions in that time Kemble and Cullwick were good friends. At tea time on September 29 an argument arose over the planting of potatoes. The men made a bet of £l, and shook hands., U was alleged that Cullwick later Called Kemble an objectionable name, and that Kemble followed him outside and asked why be had done so in the presence of his wife and children. Kemble struck Cullwick one blow on the chin. Cullwick fell, and Kemble, with the aid of his wife, tried to revive - him; but before a doctor arrived Cullwick died. . Dr. F. J. Cairns, a pathologist, .gave evidence that the alleged assault was not the cause of death. It was caused by a ruptured heart. The Heart wall was ready to rupture, and the rupture Would have occurred whatever Cullwick had been doing at the time. Emotion might have accelerated the rupture.