VERDICT AWAITED

Evening Post, Volume CXIX, Issue 32, 7 February 1935, Page 12

VERDICT AWAITED

AUCKLAND MURDER CHARGE

WAS BLOW REASONABLE ONE?

(By Telegraph—Press Association.) AUCKLAND, This Day. The trial; of Puhipi Riwhi, aged 33, on a charge of murder is being continued today. ■

Dr. G. M. Smith, in charge of the Rawene Hospital, said that when the deceased was admitted his general condition was quite good from a surgical point of view. The day before his death, however, signs of gas gangrene were found in the deceased's right arm. Although an operation was performed, the deceased died early on the morning of September 27,/ the direct.cause of death; being poisoning from infection of gas gangrene. ..■'• ;■■■'-,

To Mr. Trimmer (for the accused) witness said that in" all probability the deceased would have' recovered from the wound.on the head. The intervention of gas gangrene was" a piece of bad luck for all parties concerned. Counsel for the defence stressed that the deceased did not die from a blow on the head, but from gangrene; that there was no evidence of intention to kill; and that there had been sudden provocation. He said that the real questionfor the jury was whether they should find the prisoner guilty of manslaughter or acquit him. Mr. Justice Fair said that the only ground upon which the blows struck by the prisoner could be justified was that they were struck in self-defence. The jury should consider also whether the accused knew that the blows he struck were likely to cause death. If ■he was reckless - whether death occurred or not, then it was murder. If the accused had been provoked, and had lost his self-control, then it was a case of. manslaughter. A person who used a spade in self-defence must realise the damage it would do. Was the t)low a reasonable one in the circumstances? his Honour asked. If the jury found that the accused had been assaulted, and that the method of defence used by. him was reasonable, then it would find" a verdict of not guilty of manslaughter.

The jury retired,