MANSLAUGHTER CHARGE

Press, Volume XCII, Issue 27710, 14 July 1955, Page 10

MANSLAUGHTER CHARGE

. COURT DISMISSES INFORMATION DEAD MAN “AUTHOR OF HIS OWN END” (New Zealand Press Association) ROTORUA, July 13. “I can’t imagine a clearer case where the deceased was the author of his own unfortunate end,” said Mr W. H. Freeman, S.M., when he dismissed this morning a charge of manslaughter brought against Matenga Galvin, aged 54, of Hinemoa Point. In a hearing lasting two hours, the Court heard descriptions of a furious struggle -in a hut at Hinemoa Point on June 14, when Edward James Goodin, aged 36, a marine engineer, died with a knifQ wound in the heart. Detective-Sergeant W. H. A. Sharp prosecuted, and Mr J. D. Dillon appeared for the accused. The cause of death was an incised wound of the heart and chest, said Mark Graham Somerville, pathologist at the Waikato Public Hospital, in evidence. Asked what condition Goodin was in at the time of his death, the witness said: “I should say roaring drunk would be the best term. From the wound and the circumstances the assailant would probably have held the knife blade down, and held it out in front of him. “The natural reactions of Goodin, if sober, would have been to recoil. I think in view of the amount of alcohol consumed he did not do that, but stumbled or fell forward. He could have been in the act of hurling himself forward.” George Patrick Lemon, a fitter, said that he and his wife drove to Rotorua with Goodin on June 14. They met a friend of Goodin, a Miss Horne, at 2 p.m.. and went to a hotel. Goodin had been drinking since 10 a.m. At 5 o’clock Miss Horne left. The three were driving out of Rotorua when Goodin said at the intersection of the Hinemoa Point road that he was going down there. The witness said he thought Miss Horne would be at Galvin’s house. He met Goodin going to the house. “Goodin used a form as a batteringram. and after two blows shot into the room.” the witness said. “Everybody was screaming. There was a general scuffle.” The accused was standing in a corner, and Goodin struggled to get at him before the witness saw Goodin fall to the floor. The witness went for an ambulance, and when he returned Goodin was dead. Statement by Accused Detective Roy Kenneth Still said that parts of the door fastenings of the hut had been broken loose and were on the floor. He went to a neighbouring house, where the accused was sitting quietly waiting for them. The accused produced a sheath knife and a blood-stained jacket, which he said were his. At the police station the accused made a statement, in which he said that he nicked up the knife and pointed it at Goodin, saying. “Go away. Jim,” and Goodin stumbled and fell on it. No evidence was called by the defence. Mr Dillon submitted that, the case should be dismissed. The accused had done what any normal man would have done in the circumstances. Ho said that the knife was the accused’s onlv protection against a maniac who had broken into his home. Goodin had made repeated threats of: killing, and was drunk, and that made it likely that he would carry out threats. The accused, who was a small man in bad health, was not capable of cooing with him. The Magistrate said that Goodin was of powerful build, was vicious, and was not unknown to the police. There was no doubt, he said, that the accused was in fear of grievous bodily harm and that Goodin could have carried out his threats. He could see no prima facie case for sending the accused to trial.