THE RECENT CITY TRAGEDY.

Dominion, Volume 1, Issue 96, 16 January 1908, Page 9

THE RECENT CITY TRAGEDY.

A CHARGE'OF MURDER. BHSRIDAN , COMMITTED /FOR TRIAL.. James Malachy ; -Sheridan; remanded on two occasions/ -.recently, was brought forward, charged that at Wellington, on January 3, ho.did. .murder .one, John, William M'Nally, , 1, iMr.L: Myers conducted ,tho case for tho Crowtij -:»nd Mr. Gray ■ appeared' for the defence. ■ '• ■ . . - - . :• ■ .' : • ■/: '. - John..- : Edward -Gamble, ,aoting accountant and .cashier . to .the . Wellington- Harbour. Board/'- deposod y that --ho -knew - deceased M'Nally,. l who/w'as omployed .by., the Harbour Board as a'casuai. labourer. /Witness identified'/the; body .of the man at Morgue on January- i. ; Witness: last saw M'Nally ' alivo about s .mid-day on Friday, January 3, when deceased was paid tho sum s of £1 17s. wages. :To ; Mr. .Gray : When M'Nally went to sign his. name >witness noticed that he seemed to bo'recovering from-the effects-of drink. ■To' ,Mr. Myers:.,M'Nally; seemed to ~now what ho was,, about. !--■/,/'/ 'Rachael M'Nally, wifo of .deceased, * stated that, she last.saw ,her"husband alive on January- 2. at.'about. ' 7.30 p.m.' As ,faras , witness l knew, fto. had,2s. 13d./in his/posses-,, sioiii!. Ho appeared to ,bp quite, well, and did notfapMar. to have been drinking. He had a'watch/chain, and locket on the night in auestion similar to, the watch and chain pro-. /Walter Smart,, pawnbroker, recognised the wateh, chain, and :locket;prqduced ,as articlespawned by accused at .witness's shop between 10-' and 11 a.m.. on.-January 3. Accused was sober at tho time, and asked for £1 advance on-them, which advance was. given. Nothing was said about the ownership of tho 'articles; James A; Rickard, plasterer's 'labourer, deposed that he :was-working on. the new building being erected for tho Wellington Trust and Loan. Company;on January- 3 when: accused and -M'Nally came close tb -whero wit-ness,-was, working.' The men came from FoatHerston Street up to the - hack of! the section,'-and accused compelled M'Nally to sit down.., M'Nally appeared to: bo drunk, arid• Sheridan was', under /the-- influence of drink 1 ; but was not half drunk.' -The: men sat down beside -each/other for: about- a' .quarter of an hmir, when ' M'Nally-'attempted;:to get up, and was stopped .from getting on'his feet by accused: •/.'Accused rolled- jVl'Nally- .over on liis back'and got astride, of him. M-Nally was throwing jhis arms about and trying' to . bit acciised. Up! td the; time M'Nally! was put down on tho ground .witness did rtot see any blow struck. M'Nally, at length hit afecused oh the;; face. ./ Accused . immediately got off bim, turned^round;,,and v walked'away; .he intjnded map. ,M'Naily got on to' ' his :feet and came at 'but did not actually hit:;him/, ? ;:Sheritlah.'' tiirhed 'round ' and hit-.M'Nally on/the.leftside of.tho head. and.!*witpess. saijl to accused, '\You yp"-settled him." Acciißed'replied, "OhJ no, I've not. llo'll be.flll right," and . then came over to witness; and said, " This is what .you; gpt your/kindness. I brought him in-her© to*'keep hijrh from giving, his money: awayUo pthei- men.-: He is. a good little bjokp,.; .andi don't take - drink once in «?£r ivAccused >:put: a -hat. MrNally ;dovJ3i.:,at his/feet'., , Wlthess! aridv Mr.-'.l?earce,f. who'„had ~coine along, examined. MiNally, and put him in a sitting: position,.i remarked to Pearce that/ho did... 'npt,-«]ike ith^/look. of M'Nally. Pearce agreed th»fc" ; the man di.d not look too well, bufc : eveiv then-they thought it-was "a' knock 'out." noticed,, that'.M'Nally :|i'ad' chaiigetl ~colour,' and sent rorI''a.1''a. consfcible, -aftery coming to, tho .conclu-, sion that the Accused retnalinecl Nally, until/witness, came back with the i>oJiqeman, when he.(witness)'saw accused running.away. ;-TJiej:e was a thin coating of concrete on the gr«und just where jl'Nally' first^'fell. • 5.° MTi 'Sheridan appeared to wailt ; to,- keep'M Nally from going' away from, the ■' scction.' In the rough-and-tumble while tho men were-, on. the ground Sheridan used no . unuuo' violence-—nothing, moto. than-, .neces«afy to ' keep, the man from getting" iip: first blow hy^'MTOly;Wh'fiffM'Nally• • oamo.am Sheridan in a threatening' itti]ust J 'turned found/andv hit ' him tntn closed fist;' Sheridan did not or heated when v'w irv' :V an! ®PPke to'' witness, u'^ a to fall'on' tie'hack of his ' -the concrete-coated' Sheridan would off the section if M'Nally had notye "Wj up and followed him. It appeared'togotness that. Sheridan did no more " it 0,1,", 1 ," s °'f-defence, apparently + b! °- W from M ; N; >liy ana his spbsequent thileatening attitude - • ■ by.-Mr; Myers i -There'was ?„!>(>? iP O^, 00 Sheridan clearing away \f'N ii y 'j 1° heen so disposed: fu- -i- y i Was , ?. ran ' t —accused-was not:' ! At' ' the-.time he .dehverod the'blow.Sheridan^aid; Aahe,that, you : >-^ l -/''';/*. = • : tlici" evidenco he ■ tw 'WW °V' tho ' bod y; of deceased. • r h ? fflhde ' a post-mortem ° hody -of. deceased, stated i th?t;,the„organs, with the 'exception .:of the . those:of; a healthy man;- The/ cause of death was hemorrhage of tho r'sub-1 • sUnee and^ the brain';: duo to a'blow 1 , ? n l h »® VeM ® ls wora Probably cohi. aJcoholic excess.v. vPi*? 1 & b' 0 "" on" the head from-a rtLl to th ground would be sufifcause the ' "■■■*■ Thero were indications that MnHr TT b ° C l d » llkl "B to excess' recontly. Ho was not what could bo termed a dronkard. Alcohol would probably account lr*in f onge3te f of v tho- stomach-and' brain. , A man m this -condition- would be More, suacegtiblo...than a,Wealthy Tho man" thc/rtore the man, wpulU bo Jwhi, co-injury. A,-fall 'fromthe mans own^hoig}-:.,ihejback ofj/tjio head : striking, a hard, surfaie,' would be Sufficient. o d f C te,S| aering Hfr" eested terfdStT ?e r mat, ? n >^ a ? to th ° Reuben Phillip?,- constableJw.ho took the 1° dcce ?®e f i: .JTio'rguo,' deposed that he-found 2ps lOd. and* a .pawn-ticket on, deceased when he searfljed -him. ' until "" was made //On:r«suinih&'' detailed the oircujnstances : .jconncct?cl tho arrest of accused; _ unfthef way<^'e<.the ! 'station accused ■ : "y ?'} .never, meant .to.k'ill him. J met him duringc-thi:> mofning V; in : company with some nrcmeft''.' I'fried him awav, as ho was lasting -his.;m6n%;'ou : them. .After 'a while I got him' aifayiv.j. He insisted upon J6".t'"g ,tne,van d strjuck, me several times on the face.Kidftor a,jvhile I lost my temper. hand'. He fell aowii, ancbi noticed))' jiim- turning verr' white, and; ran'f'&way. </Don?t tell, me ho'"is dead. tt(;kilf him.?' ' . • Accused the same state-' noßt'.oft Police Station.' Sergeant Kelly repeated tho evidence he Bare; at ,tte>mquest, stating that ho saw accused; at -,mo' Police Station on the after?i Corl S, and was present whon sue otation,/,Sergeant told the Accused he i/chargcd, u:ith'' murder. Accused said: •' "at• trh»t.amount to?" ..rThe Station "Jt is alleged that you atruek l .blbw/that killed -him."' Accused' wud, .'I/nttpr. struck n' blow that 1 remember. trying to hold him. I suppose this "-wilt mian,waiting three months?". Sberidatf wiiat on. to gay that he and deocnEKid, 'had'. lujon drinking together, but he left; M'Nally; who went to the Harbour Board to driw some money. When M'Nally came back ho was druuk, and gave u stranger. 55., wh'ere'upon Sheridan took him away he should not give' all his money away. Deceased gave him the-watch to pawii, intending to redeem it wbeii he got ■fiis pay. To Mr. Gray: Tho sum of 2s, 6d. was found on Sheridan.' //Thih'concluded the evidence. ■ Mr. Gray, addressing the Court, 'submitted that th*re '.raa no caso for committal, as on the evidence -adduced there was no probability or,„ppssibility of ,a jury convicting accused cither of the offence with which he was charged or any ether offence.. C'-ouuml

submitted that the chargo of. murder: pre-, forred was ridiculous, having regard to tlie evidence brought forward, upon which the charge could, not possibly amount to more than manslaughter. Ho - asked, in view of the ovidence that had been brought forward, that accused should bo discharged. Counsel urged that'deceased was the aggressor, and was interfering with accused's apparently benevolent intention'of preventing him from. .going out to, b£ victimised. Deceased had', como by his death in what counsel contended could not be regarded as other than an accidental manner, and it was further argued that no jury would bo likely to say accused committed an offence at all. \ Mr. Myers, in summing up the facts of the caso, said accused, for some reason ■or other,. took M'Nally . into the back of the section'. M'Nally was drunk and unablo to look after himself, /and,' this ' fact was known to accused, who was able to look after himself. Foi* sonio reason "accused got the other man down and held him down, the only reason given being the'statement made bv accused himself. Tho drunkenmail hit out at accused,'who'did net hit baok then, but got up and walked away, being followed bv M'Nally, who went up to, but did not hit accused. The- only defence which accused could have was . that he struck the blow ' which killed M'Nally in self-defence. The question;for a jury was as to whether, nc-' cused ought not under the circumstances to have got away ,as the evidence showed ho could.have done, without striking the blow, the consequent fall from which caused the 'man's death. Another question for a jury was what bearing accused's conduct and words had 011 the case. Connsel submitted that enough had been shown to prove that the/case ought to "go to the Supremo Court for decision by a jury. It might bo that -beforo tho case came on the indictment : might be put'forward in a different form.: When tho information was first laid, howovor, the police had no option but to lay it in tlio form in which it stood. Whether the' indictment would go beforo the Supremo Court ill its present form was a matter :for ' further Consideration. v Mr. Gray expressed surprise that counsel for the prosecution, had not seen fit to reduce the / charge. //' He; 'was surprised that the Crown should insist on a prosecution for murder , undor the circumstances. After/' further argument the Court decided that the matter was a serious one, and required serious consideration. His Worship said it was hot the place of this. Court 'to determine whether accused was guilty 'or riot, guilty; : Evidence, showed that deceased' mot his death .when in company with acand although the charge, might he mado in another form,, on tho present charge, it /would be more satisfactory that a "jury should "decide whether accused had commit-., 'ted in'offence or not. In the meantime there was sufficient evidence to,warrant the Court, asking that' accused ' should stand his trial beforo a common jury. ■ His Worship said lie ..would not take upim himself tho responsibility of discharging; accused. That.was a •matter for "the. jury. . Accused was committed to tho Supremo •Court for trial: : ■— Bail was allowed as before in the sum of £250, and two sureties'of £125 each.