ATHLETE’S DEATH LEADS TO CHARGE OF MANSLAUGHTER

Gisborne Herald, Volume LXXVII, Issue 23425, 2 December 1950, Page 8

ATHLETE’S DEATH LEADS TO CHARGE OF MANSLAUGHTER

HASTINGS. Dee. I.—Because of the death of' a young athlete at the Otane sports on October 16, . Frederick Walter Franklin, a shop manager, of Hastings, is to stand trial on a charge of manslaughter. Franklin was (he starter at the sports at which a Hastings athlete, Brian Philip Brady, aged 18. was fatally wounded bv the discharge of a sawn-off .303 starting pistol. Franklin appeared before Mr. L. G. 11. Sinclair, S.M.. in the Magistrate's Court. Waipukurau. yesterday and after 10 witneses gave evidence he was committed to the Supreme Court for trial. He pleaded not guilty. The inquest was held in conjunction with the court proceedings. The accused was represented by Mr. C. E. H. Pledger and Sergeant W. H. Slater prosecuted. Frederick William Addis said that he was with Franklin and Brady on the sports ground. Heard Discharge

He saw the accused carrying the starting pistol pointing towards the ground. Later he heard the pistol discharge and turned round to see Brady double up. At the time he did not know where Franklin was. Later he saw Franklin seated on the running board of witness’ car holding the pistol between his legs. After the discharge of the pistol witness saw Brady take three paces backward and then slump to the ground.

Brady then said: “You’ve hit me, Fred!” and then began to groan. Up to this stage witness thought that Brady was fooling but he then noticed two patches of blood on deceased's right-hand side near his lower ribs. On pulling up Brady’s sweater he saw a hole in his side about the size of a half-penny from which blood was oozing.

Witness said that an ambulance man then attended Brady and he and Franklin went with Brady to the Waipukurau Hospital. Cartridges Thought Harmless

In discussions later no-one seemed to know how the pistol was discharged and everyone considered the cartridges harmless.

Accused appeared very concerned about the affair.

James Henry Douglas Hall, acting medical superintendent at the Waipukurau Hospital, said Brady was treated at 2.40 p.m. In spite of blood transfusions he died after a rapid decline at 9 p.m. Constable Robert Hanna said that accused called at the police station about 3.30 p.m. on October 14 and told him there had been some joking about a drink of Peer and that he had pointed a pistol at Brady and said to give him a drink “or else”

At that moment the starling pistol had gone off. —P.A.