Murder Charge Fails; Manslaughter Verdict

Press, Volume XCVI, Issue 28343, 31 July 1957, Page 5

Murder Charge Fails; Manslaughter Verdict

(New Zealand. Press Association)

AUCKLAND, July 30. After b retirement of 45 minute® in the Supreme Court at Auckland today, a jury acquitted Kenneth Arthur Smith, aged 35, a seaman, of the murder -of John Edward Neil, a workman, at Point Chevalier on or about May 1, but found him guilty of manslaughter. Mr Justice Finlay, who presided, remanded Smith for sentence. The jury added a recommendation for mercy “in view of the circumstances.’* Mr G. D. Speight prosecuted, and Smith was represented by Mr S. C. Ennor and Mr J. S. Henry. In evidence today, Dr. J. A. Doyle, a pathologist, said that a post-mortem examination of Neil did not point to his injuries having been caused by any particular form of blow. The witness agreed with Mr Justice Finlay that there must have been some restraint had this injury been caused by a blow with a bottle, as “all-out force’’ could have fractured the skull. “That point is very vital to this case,’’ said his Honour. The witness said Neil had a small cut 2in long, four inches above the left ear. He had two trivial abrasions on the left forehead which could have been caused by a fall ,or a blow with a beer bottle. Other bruises he might have suffered could have been masked by bruising caused by operation. Bruising of Brain There was no evidence of fracture, the witness said. Death was caused by hemorrhage and bruising of the brain. The injuries consistent with Neil having been struck on the head, probably on the left side. To Mr Henry, the witness said the blow must have been “of some severity.’’ It was common for persons to recover for a short time after a blow and then have a relapse. Momentary initial stunning would be expected, but in this case the bruising of the brain was not in the area affecting consciousness. No evidence was called for the defence.

In his final address Mr Speight asked the jury whether it was satisfied that the injuries were

caused “by a hearty smack on the head with a beer bottle.*’ The evidence presented a clear ’picture of that, and that alone. Mr Ennor said the case was not one of murder, and the only verdicts which could be returned were either manslaughter or acquittal. He said that Smith was too drunk at the party to form any intention of killing Neil.