MANSLAUGHTER

Hawera Star, Volume XLVIII, 7 August 1924, Page 5

MANSLAUGHTER

VERDICT AGAINST BARNES. STABBING AFFRAY. (lIY TELEGRAPH —PRESS ASSOCIATION.) WELLINGTON, Aug. 6. The trial of Joseph Barnes, charged with murdering William Whalt by stabbing him outside a boarding-house in Boulcott Street, was concluded to-day, the jury returning a verdict that Barnes was guilty of manslaughter. ■ After counsel’s opening, Mrs. Whall was put in the witness-box. She said she first met Barnes in February, 1923, when she was living apart from her husband and earning her own living. Mrs. Whall said she went to Palmerston with Barnes and there met Whall, who threatened that if she did not return to him he would throw himself under the train. She went to Auckland wi.th him and there he thrashed her. • *

His Honor asked what this evidence had to do with the crime alleged. Was it given as a motive of the crime? The Crown Prosecutor (Mr. Macassey) said it was an attempt to get the sympathy of the jury and to blacken the character of the man who was dead and not here to answer. The evidence was continued on these lines, counsel for accused stating that he was iendfeavouring to refute the suggestion that Whall was fighting for his wife. His Honor said it seemed an extraordinary way of doing it. He would not stop the evidence going to the jury, but the procedure was most improper. Mr Stevenson maintained that there was no direct evidence that Barnes used a knife on Whall. It was suggested that the deceased rushed at and struck Barnes, who held the knife downwards, and Whall rushed on' the blade. Mr. Macassy said it was evident that Barnes had taken Mrs. Whall from her husband. Naturally he resented it. She had gone back to Whall after living with Barnes, but the latter had again enticed her away. Whall had thrashed Barnes, and the latter had gone to a house, secured a knife, and went out a second time. The jury returned a verdict of guilty of manslaughter, and the prisoner was remanded for sentence.