MISADVENTURE

Evening Star, Issue 23021, 28 July 1938, Page 10

MISADVENTURE

MANSLAUGHTER CHARGE DISMISSED DRUNKEN BRAWL IN HOUSE ELDERLY MAN THE VICTIM [Pei: United Press Association.] WELLINGTON, July 27. A charge against Leonard Neiling, a labourer and brushmaker, aged 26, of causing the death of John Joseph Owen by an unlawful act, thereby committing manslaughter, was dismissed by Mr J. H. Luxford, S.M., in the Petone Court to-day. Constable G. E. King said that as the result of a complaint he received about 8.30 p.m. on June 7, he went to 25 Richmond street, Petone, which was then occupied by John Joseph Owen. He entered the kitchen When he saw Owen and Neiling the latter said there was no trouble, but Owen said: “ This is what he has done to me.” At the same time he pointed to his face. Owen’s eyas were both blackened and there was blood on his cheek. Witness asked if he wanted to make any complaint or charge against Neiling, and he replied: “ No. All I want is for him to get out.” Neiling appeared to be stupid from drink.- There were bottles of beer and stout and a bottle of whisky on the table. Witness called Owen outside, and when he returned to the kitchen a few minutes later Neiling had left. On June 10 Owen came to the police station to make a complaint. His eyes were both blackened, although the swelling had gone down, and both cheeks were bruised as well as both forearms. Witness said he did not smell drink on Owen. ' Thomas Neiling, a motor driver, of Petone, said the defendant was his brother and used to live with Owen. At 4.30 p.m. on June 7 his brother was in a state of intoxication. Later, Owen, witness, and the defendant had a bottle of whisky. Witness and his brother had on argument and came to blows. Owen interceded and was knocked over. Witness went for the police, because he wanted his brother removed from the house. This would be about 7.30 p.m. About 10.30 p.m. there was another row. Witness had locked Owen’s door because he feared that if his brother came back there would be a set-to. and the old man might interfere. When Leonard Neiling came back he demanded to be let in, and forced the door. The dedefendant started throwing things about and swung a chair round. Witness tried to take the chair, from the defendant, and in doing so received a crack on the head, in the struggle that ensued they went through a glass door in a passage Witness had three stitches put in his head. As the result of what happened in the afternoon Owen received a black eye and a bruise on the chin. Owen was employed at the Railway Workshops He was subject to fainting turns, but was able to go to work after the episode. In the afternoon he had had three or four drinks. Florence Lily Maude Owen, a single woman, said that at one time she resided at 25 Richmond street, Petone, with the who was her father. Leonard Neiling was also living there. On June 6 Neiling said he was going to leave. She took no notice, and he said: “ Don v you want me to go? ” She said she had intended to ask him to leave two or three months before. He said: “ Is it the money I owe you? ” and she said, “ No.” He then started knocking her around. This happened about 10 p.m. Owen was in his room and he called out that Neiling was to leave her alone. When she went up to the front room of the house Neiling followed, and so she went to her father’s room. He pulled her back into her own room When her father was trying to stop Neiling he was pushed back against the wall. The deceased was hurt in the workshops about four years ago

“ I submit that there is no case for the jury on a charge of man slaughter,” said counsel (Mr T. CJ. McCarthy). The magistrate said he quite agreed. At the most the evidence showed that there had been a fight between two brothers, during which it appeared that the deceased had interfered and received a slight injury, which in his condition caused complications that resulted in his death. This was misadventure. The other charges were on a different footing. On charges of assaulting Florence Lily Maude Owen find committing mischief by wilfully breaking 14 panes of glass and a glass door of a total value of £23 19s Neiling was remanded to appear at Petone next Wednesday. Bail was allowed.