DEATH OF CONSTABLE

Dominion, Volume 31, Issue 105, 28 January 1938, Page 12

DEATH OF CONSTABLE

Charge Of Manslaughter MAN SENT FOR TRIAL By Telegraph—Press Association. Dunedin, January 27. Lengthy evidence in the case in which John Edward McElroy is charged with unlawfully killing Constable James Butler, thereby committing manslaughter, was heard before Mr. H. W. Bundle, S.M., in the Magistrates’ Court. Accused, who pleaded not guilty, was committed to the Supreme Court for trial. Mr. F. B. Adams conducted the ease for the prosecution and Mr. D. G. Stevens appeared for the accused. The inquest was held concurrently with the criminal proceedings, ami at the conclusion of the hearing was adjourned sine die. Dr. E. R. Harty, police surgeon, said that on December 26 Constable Butler came to his rooms at 11 a.m. and complained of pain at the back of the right chest. He examined him and could detect no fracture of the ribs or injury to the kidney and concluded that the muscles were rigid. Nothing was visible externally. Deceased said he had been kicked by a prisoner the previous night. Witness-described further examinations, the sending of deceased to hospital, and the result of the post mortem examination which disclosed that the cause of death was pulmonary embolism. There was a deep bruising of the lower rib. Story of the Day. John Waldemar Anderson, an employee of the Post and Telegraph Department, said that on the afternoon of December 25 be met accused and had several drinks. Accused then suggested that they should go to W. M. Wilkinson’s premises, Princes Street, where they had some more drinks. When they were having a second drink a dispute arose. While witness was standing with his back to the door, Wilkinson called out a warning and witness sirw accused coming toward him with an empty beer bottle in his hand. Witness hit him and he fell on the floor. Accused then left, saying that he was going to call the police. Constables dascribed the arrest of accused, who was under the influence of liquor; how he fell on the polished floor iu the police station; how he was taken hold by the legs as he was kicking; and how he kicked Constable Butler in the small of the back. Sergeant W. J. Irwin said that when he saw accused in" the cell he appeared to be mad drunk and almost on the verge of delirium tremens. Detective G. Taylor said that on i January 4 be interviewed accused and told him that Constable Butler had died on January 2 and that his death from the post-mortem examination was due to a kick received from accused on December 25. Accused denied the charge, whereupon witness informed him he would be faced with the serious charge of manslaughter. Accused - was in custody at the time on a charge of assault. The magistrate held a prima facie case had been established. Accused then pleaded not guilty and was committed to the Supreme Court for trial.