Evidence On Fight In Manslaughter Case

Press, Volume CVI, Issue 31230, 30 November 1966, Page 18

Evidence On Fight In Manslaughter Case

(New Zealand Preet Association)

WELLINGTON, November 29.

After an argument in a house in Hopper street, where he had been found sleeping on a tenant’s bed, a man suffered fatal injuries in the street outside, Mr J. A. Wickes, S.M., was told today.

David John Chapman, aged 22, builder’s workman, is charged with the manslaughter of Francis James Christie on October 22.

Mr M. A. Bungay, with him Mr S. Winter, appears for Chapman.

Detective Senior-Sergeant B. F. Scott, prosecuting, said that Christie went to Chapman’s home at 58 Hopper street on Friday night, October 21, apparently looking for somewhere to stay. He said a woman with whom Chapman was living and other people were also in the house and about 2 a.m. or later an argument took place. Christie apparently accused Chapman's de facto wife of having stolen some money from him. Christie struck the wife. Later a fight developed in which Chapman pursued Christie down the street, Mr Scott said. Found Man On Bed Gary Tawhaki, storeman, said he found Christie asleep on his bed. When he could not get him up he got Chapman to help. Chapman led Christie outside and later the two were fighting on the other side of the road. He saw the deceased struck somewhere between the head and chest and saw him go down. "The old man was lying on his side saying, ‘Don’t hit an old man’,” said Tawhaki. “I ran across the road and Dave (the accused) said to me that the old man had ripped his shirt.

“He said, ‘Nothing can stop me now’,” said Tawhaki.

He saw the deceased kicked twice on the head while he was on the ground. “The old man was bleeding. I could see blood on his face, but I did not know where the blood was coming from,” he said. James Terrence Derek Foster, taxi driver, described see-

ing an older man lying at the feet of a man in an empty section. His spotlight caught a reflection of wet blood on the older man’s face.

After the younger man told him to get on his way he used his radio telephone to call the police. Injuries Described

John Anthony James, neurosurgeon, said he performed an operation on Christie on October 28. He said he found two blood clots on the right and left side of Christie’s brain. He thought what he discovered was only a minor part of the damage. Two days later Christie died.

Mr James agreed with Mr Bungay that the two clots he found could well have been caused by one blow. Dr. J. O. Mercer, pathologist, said he performed a postmortem on October 31. He found Christie had sustained an intercranial injury from which he could not have hoped to survive. It was likely to have been caused through being struck heavily and being kicked around the face and head. Accused’s Statement

Detective D. McEwan, of the Wellington C. 1.8., said Chapman at first denied having anything to do with the assault, then later said, “All right, I’ll tell you what happened. I belted the old chap

because he hit my missus when she’s pregnant.” Detective McEwen said he cautioned Chapman, but Chapman then made a verbal statement to him. Chapman had said that Christie had arrived at 58 Hopper street at 9.30 p.m. on the Friday and that as he had nowhere to stay his wife had invited him in.

Christie drank a bottle of sherry and some beer, and got drunker as the evening wore on. He then accused Chapman's wife of stealing his money and while Chapman was out of the room struck her.

Chapman had wanted to give the deceased a hiding, but his wife would not let him. They put Christie to bed on a sofa in the front room. After the occupant of that room came home and found Christie in his bed, Chapman had told him to leave. Later Chapman followed Christie down Hopper street and punched him around the head because he was still mad at Christie for punching his wife.

He also admitted later kicking Christie a couple of times, Detective McEwen said.

Chapman was then arrested.

Detective McEwen agreed with Mr Bungay that Chapman was below average intelligence. The hearing will continue tomorrow.