FATAL QUARREL

Manawatu Times, Volume XLIX, Issue 3493, 1 November 1926, Page 10

FATAL QUARREL

MANSLAUGHTER CHARGE WITHDRAWN. ACCUSED PLEADS GUILTLY TO COMMON ASSAULT. [Per Press Association.! AUCKLAND, Oct. 30. Arising out of an affray in Victoria street on the evening Of August 20, 11)25, when an elderly 'man, Andrew Soutcr, received fatal injuries, charges of manslaughter, assault, causing grievous bodily harm, anti common assault were preferred against Colin M'Donald (23), in the Supreme Court yesterday. A plea of guilty was ensauit, and the other two counts were withdrawn. Counsel said that M'Donald had suffered a great deal of ill-luck in being the cause of Souter’s death. Counsel had advised him to plead guilty to common assault, for the reason that there were three or four men in the fracas, all under the influence of liquor, and probably each one was guilty as being a participant in the assault. Whether M'Donald was the one who struck the fatal blow was unquestionable. There seemed to be no doubt that there was provocation. Soutcr had a bad police record, and was in the habit of using abusive and insulting language. Dr. Murray was prepared to state that, had he not discovered a fracture at the base of the skull, he would have attributed death to natural causes owing to Soiiier’s generally unhealthy condition. Some days after the assault M'Donald left for Sydney under his own name, quite ignorant of the man’s death. Owing to trouble with the union under which he was employed, he had to change his work, but was arrested in Sydney shortly afterwards.

The Crown Prosecutor agreed that Soutor was in a hopeless state of health and would not have lived long in any case.

Sentence w-as deferred until Wed nesday.