MANSLAUGHTER CHARGE

Press, Volume XCI, Issue 27564, 22 January 1955, Page 10

MANSLAUGHTER CHARGE

DEATH OF FACTORY EMPLOYEE ACCUSED COMMITTED FOR TRIAL

(Sew Zeeland Pren Arooetatum, HAMILTON, January 2L As a sequel to an incident on the stage at the Te Awamutu Dairy Factory on January 13, after which a man died in the Waikato Hospital, John Martin Kelly, aged 26, married, a ■schoolteacher (Mr N. I. Smith), appeared in the Magistrate’s Court at Hamilton yesterday on a charge of manslaughter. Kelly pleaded not guilty and was committed to the Supreme Court for trial at the next sessions. Mr D. W. McMullin prosecuted and Mr J. R. Fitzgerald appeared for the next-of-kin of the dead man, Puslow Neville Heath, aged 26, a factory employee. A charge of assault causing actual bodily harm, laid against Kelly before Heath died, was withdrawn by leave of the Court on Mr McMullin’s application. Kelly was released on bail of £lOO, with one surety of the same amount

An inquest into Heath’s death was held in conjunction with the hearing of the manslaughter charge. Mr S. L. Paterson, S.M., found that Heath died at Hamilton on January 13, the cause of death being cerebral hemorrhage after fractures of the skull caused by his head striking the floor when he was struck a blow by Kelly. Constable G. K. Kilpatrick produced a statement which he said Kelly had made to him on January 13. In this, Kelly said he was a teacher at the Karamea District High School, and had been working, during his holidays at the dairy factory. The accused’s statement said that on January 13 he had been receiving and ticketing cream cans from the canwashing machine. He was having difficulty keeping up with the machine, and Heath walked between him and the machine, and interfered with his work. Later, Heath threw a hot-water hose • away from him and the jet of water went over Kelly’s chest and shoulders and burned him, said the state- - ment. When he went over to Heath and spoke to him about this. Heath said, “Ya. ya, ya,” in a derisive manner. Kelly said he then struck Heath, who fell to the floor and struck his head on a steel plate. Accused “Very Upset”

To Mr Smith, Constable Kilpatrick said that Kelly had been very upset when he was interviewed, but had been very frank and helpful. Roy Cootes, a factory hand, said that Heath had .taken over duties from lilm on the morning of the incident. Heath was tipping cans of cream into the vats. When Heath relieved him, - Cootes went to help Kelly, and Kelly told him that Heath had pushed him aside as he was taking a can out of - the washer. Kelly had said that Heath was liable to “stop a crack on the

jaw.” Cootes said that after the hose incident, Kelly walked over to Heath and the two men exchanged words. Cootes did not hear what was said. Kelly; thghjiit Heath. No blows were struck