BRAWL IN STREET.

Hawera Star, Volume XLVIII, 12 February 1925, Page 5

BRAWL IN STREET.

man dies of injuries

ASSAILANT CONVICTED OF MANSLAU ghter

ijjV TELEGRAPH PRESS association. DUNEDIN. Feb. 11. Phillip Gordon Sutherland appeared before His Honour Air Justice Sim in the Supreme Court to-day to answer a charge of, on December 23 last, muidering John James Ryan. There was also a charge against accused that with in test to cause grievous bodily harm he did cause actual bodily harm, and a farther charge of assault. Accused pleaded not gunty. It was agreed that the charges should be heard together. in opening the case the Crown Prosecutor (Air F. B. Adams) said that in a charge of murder the jury was entitled, it it thought murder had not been committed, to convict of manslaughter. The jury was thus asked to regard the first count as containing charges of murder and manslaughter.

Deceased came from the country to Dunedin on December 23. According to one witness there was a great deal of drinking in the second-class .carriage in which accused travelled. At Middlemareh there were two hotels within reach of the train and deceased attempted to go there but was unable to do so. In hjs attempt ho hurt another passenger and injured his own head. For some time he was on a seat of the c irriage, but lie was inter able to partake of liquid refreshments in the carriage. The. train ariced late in Dunedin and ltyan was seen at twenty minutes past sored sleeping in a vacant section. He was afterwards seen by a lady, who, curiously enough, knew both Ryan and accused, going towards Cumberland Street. Another witness would say she saw Sutherland come up behind Ryan, strike him from behind on the face, ynoek him down and then kick him on the head and on the body. There were other persons who saw sufficient to know that the man was being kicked about the head and body. Sutherland himself made a statement, which was not signed, to the police, in which he said he did not remember anything. The Crown recognised that at the time of the alleged crime accused was in a fighting drunk condition. There would be medical evidence, the purport of which would he to show that Ryan met his death by a severe blow on the neck and on the sic all.

After lengthy evidence had been heard the jury retired at 4.44 p.m. and returned at 5.55 p.m. with a verdict of nuiilty of manslaughter. The jury agreed, at the invitation of the Crown, to dispose of the second indictment bv returning a verdict of rmt Tniltv on it. The jurv added a rider "sking His Honour in passing' sentence to consider the fact that °cr,used and deceased were both unde?' the influence of liquor durinor thp dnv. was remanded for sentence till Friday.