FOOTBALLER'S DEATH

Evening Post, Volume CXXII, Issue 96, 20 October 1936, Page 10

FOOTBALLER'S DEATH

NO BILL RETURNED

MANSLAUGHTER CHARGE

(By -Telecraph—Pres9 Association.) PALMERSTON N., This Day.

Mr. Justice Ostler, opened the sitting of the Supreme Court today. The Grand Jury returned a "no bill" in the care of Hawea Mataira, ot Hastings, who was charged with Killing Bernard' Rogers by striking- him. thereby committing manslaughter. In his outline of the case to the Grand Jury Mr. Justice Ostler said it was difficult to avoid doing what Mataira did. "When a neighbour, will insist on fighting, you have simply got to oblige him." . . His Honour • said that after rushing in for the third time Rogers had been knocked on his back and hit the concrete of the back yard. All the Crown witnesses said Mataira did his best.to avoid,a fight. Though he did not run away he tried to dissuade the deceased from fighting. Though it could be done in England, in New Zealand a man could not be indicted for crime unless it was one specified in the Statutes. His Honour could find no Statute which said ■it was unlawful for men to fight with their fists in a private place. Unless it was clear from the evidence that when Mataira agreed to fight he intended to kill or do grievous . bodily harm to Rogers he. was guilty of no crime and it would.be the duty of the Grand Jury to throw, out the bill. When one looked at the evidence the accused-intended neither but only to defend himself.