THIS DAY.

Daily Telegraph (Napier), Issue 5889, 22 July 1890, Page 3

THIS DAY.

FORGER.. Brown wished to withdraw his plea set up last night, and pleaded guilty to forging, He said, when called upon whether he had anything to say, that he had been four months in prison, and during that time had suffered very much from rheumatism. Inspector"Kiely said nothing was known of tho man, who was a stranger in the district, and at tho time the was committed he had come from the South Island. Accused was sentenced to twelve calondur i.ionths' imprisonment with hard labor.

MANSLAUGIITKH,

J.'jhu Nolan was charged with having on tho '.'th April last killed one George Lunn. ilr Dinwiddie appeared for tbe accused, who pleaded not guilty. Mr J. Anderson was chosen foreman of

theju.-j. Mr Cotteriil stated tho facts for the Crown. Tho case, while deserving tho most stirious consideration of tho jury, was simple At Akiteo, on tho day in question, accused and Lunn wore skylarking, and there vras nothing between them in tho shape or a quarrel. Deceased and accused hid taken drink together at the hotel. Ihe skvlarki.it?, which commenced in the mornxuh, was re-uuwl in the afternoon. Nolan picked up a sh'ck struck deceased ou tho side of the and from the effects of the blow Lunn die.l- „ , « Thos. Rice and V> T ni. Edwards who saw the whole occurrence, gave evidence as to what took place. lV>e full circumstances havo already been published by us. Edwards, iv cross-examination, stated that deceased had been teasing accused, who asked him to leave him alone. Denis Ryan deposed that deceased was teasing the uccusi-d more or less whenever he saw him. Lunn was trying to take the "rise" out of him, hut accused seemed to take it all in good. part. Ho heard prisoner uhk Lunn several times to leave him alone, aerused saying, "I'm an old mail and I want you to leave me alone " The two started wrestling, and accused threw Lunn over his head, after which they wont into the hotel and had a drink. Later on he saw accused strike Lunn, who staggered, and then fell; got some water for him. Lunn appeared to he unconscious, but came to after a while and was put to bed. Next day sent for tho doctor, but deceased was dead before ho arrived. Cross-examined : When deceased fell in (he wrestling, it was a pretty heavy fall; there were a lot of stumps of trees about, among which deceased fell. When deceased got up he put his left hand to his head, which ho commenced rubbing. When accused mitdo the stroke did not thiuk ho was aware Lunn was so close behind him. Thero was nothing in tho manner of accused to make him be.liuve he was angry. At ten o'clock the samo night when sroiug to deceased's room ho found him ou tho floor, and if be fell, ho might have struck his head against tho washwtand. Re-examined : Could not say whether deceased had struck on tho stumps of trees. Deceased was lying at tho foot of the bed on tho floor that night, breathing pretty heavily, and before he put him back to bed", fetched deceased's mutes to see where he

whs lying. , Or" Hiddell deposed that the cause of ' deceased's death was concussion of tho j brain; there was no external mark at tho • side of the head. j Re-examined: If tho fall took place at • ?our in tie afternoon, deceased miurht j le.tsoie.bly be expoelcd to feel ihe eff'eors of ♦ho compression at seven. Tho symptoms

shown might have been caused through the fall.

Constable Lawliss also gave evidence. Mr Dinwiddie addressed the Court on behalf of tho prisoner. His Honor summed up. The jury would be quite satisfied that acoused had no intention of killing deceased. The fall from the wrestling was not severe, and deceased would havo fallen on his shoulders and not on the side of his head. If they had not the evidence that, deceased never regained consciousness after the blow then there might have been something in the argument that the fall in the wrestling was the cause of death. The jury had to be satisfied that hi struck the man," whether by aocident or not; that would be manslaughter ; but in merely swinging the stick behind him and Aid not kuow accused was there, then it would bo otherwise. The jury retired at one o'clock. The jury, after a short retirement, returned a verdict of not guilty, and prisoner was discharged. LAKCENY. William Cantelin was indicted on a charge of larceny, with stealing on the 3rd July from the Taradale post office 1 letter containing a cheque on the Bank of New South Wales for the sum of £11 19s, drawn by Cartwright Brown in favor of John Martin. Tho prisoner, who pleaded not guilty, was undefended. Mr Anderson was tho foreman of the jury.

Evidence was then taken. Our readers are already well acquainted with the facts of the case.

(Left Sittiug.)