MANSLAUGHTER CHARGE

Evening Post, Volume CXXV, Issue 19, 24 January 1938, Page 11

MANSLAUGHTER CHARGE

STOREMAN'S DEATH

EVENTS At BOARDING-HOUSE

The hearing of a charge of manslaughter against Roy Patrick Frost, a fibrous plasterer, aged 27, was commenced before Mr. J. H. Luxford, S.M., in. the Magistrate's Court today. The charge resulted from the circumstances of the death of Francis Ryan, a storeman, who died at a boardinghouse in ' Pipitea Street on December 23. ■ Detective-Sergeant P. Doyle' prosecuted, and Mr. R. ■ Hardie Boys appeared for Frost."' "About 6 p.m. on December 23 last," said Detective-Sergeant Doyle, "Ryan arrived home from work, and was then under thq influence of liquor. He had tea, later consumed some more liquor, and then engaged in a game of. 'penny poker' with other boarders in the house, including his wife. This game continued from about 9 p.m. until 11 p,m. One of the players was Mr. Hanrahan, brother-in-law of the deceased, and during the course, of the play Hanrahan was the winner, and at 11 p.m> had won about 16s. He then left the game and did not play further. Ryan was a bit annoyed about this, and passed some remarks to that effect." About 11.15 p.m., continued Detec-tive-Sergeant Doyle, the deceased's wife went into the dining-room and commenced to clear the table, on which there were about eight or nine beer bottles. Mrs. Ryan started to set the table, and while doing so the deceased came into the room.: Ryan gave her to understand that her brother had been cheating at the card game, and she took the part of her brother, stating that he would not cheat. It was alleged that the deceased then hit his wife, who commenced to cry. Her, mother came in and saw her daughter crying. Some dispute took place, and two men, the accused and another boarder called Black, attempted to, settle the quarrel. BLOWS EXCHANGED. Detective-Sergeant Doyle said it was alleged that Frost and the deceased started to abuse each other. Both wanted to fight inside, but were restrained, and went outside, Several blows were exchanged, and finally the deceased fell as the result of a blow administered by the accused. He was carried into the house and put to bed in a semi-conscious condition. He was dead when a doctor arrived. ■ Dr. P. P. Lynch said he had made a post-mortem, examination of the body of the deceased- There was a fracture of the skull, a crack- being discovered in the temple bone. The skull was abnormally thin, so much so that several portions, when held to the light) were almost transparent. Questioned by Mr. Boys, Dr. Lynch said that some time might elapse between th'o frafiture and final, unconsciousness, where the blow itself did riot cause unconsciousness. It had been said, said Mr. Boys, that some time before, the deceased had fallen against a step inside the house. Could that have caused the injuries? Dr. Lynch said that that might have been possible, provided that the man fell in such a way that that particular portion of the skull did not receive its usual protection. It would be impossible for a righthanded blow from any person facing the deceased to have such an effect, said Dr. Lynch.- A left-handed blow would have to'tie a swinging blow. BOARDER'S EVIDENCE. George Black, a boarder at the house, said that when the deceased and the accused went outside they fell over a low ■ concrete wall. He did not see blows exchanged, but he tried tq separate them and receive^ some blows in doing so. He heard the deceased use the words "Big bluff" to Frost. The two men "mixed it" again, but it appeared more, of a wrestling match than a boxing contest. He heard the deceased fall, but he could not say he actually saw him fall. He did not see what caused him to fall. He fell on the flat yard inside the wall- The yard was covered with smooth concrete. Cross-examined by Mr. Boys, witness said that when he and the accused were trying to get Ryan to bed a picture was broken on the righthand side of the hall He could not say how it was broken, as things were pretty hectic at the time. (Proceeding,)