THE SUPREME COURT.

New Zealand Herald, Volume LI, Issue 15700, 29 August 1914, Page 5

THE SUPREME COURT.

CRIMINAL SESSIONS.

CHARGE OF MANSLAUGHTER.

THE ACCUSED ACQUITTED.

The hearing of the charge of manslaughter against Samuel Dunmow Chiles was resumed at yesterday's criminal sessions of the Supremo Court, Tlio accused was alleged to havo struck a man named Walter Hereward Swainson over the head with a bottle at Otorohanga. About a fortnight later Swainson died, a postmortem examination revealing a fractured skull and a clot of blood on tho brain.

Several witneSEes were called for the defence by Mr. C. J. Tunks. They stated that on the day on which Swainson was hit by tho accused a very fast and rough football match was played between Te Kuiti and Otorohunga. Swainson was one of tho most prominent players. Several times during tho game he foil down, striking his head on at least one occasion against one of the posts of the fence round the ground. Medical evidenco having been given to the effcct that such falls as described by the witnesses might have been the primary cause of tho deceased's fractured skull and his subsequent death, Ilis Honor Mr. Justice Stringer suggested to the Hon. J. A. Tole, K.C., who "as conducting the prosecution, that it was useless to proceed with tlio charge of manslaughter against tho accused. Ihe accused's conduct in striking the deceased with a bottle was both reprehensible and cowaidly, said His Honor, but no jury, in face of the evidence regarding the falls sustained by the deceased during the football match, could safely say that tho accused was solely responsible for the deceased's death and therefore guilty of manslaughter. The jury thereupon returned a formal verdict of not guilty and the accused was discharged.

QUARRELSOME MAORI.

SENTENCED FOR ASSAULT. 111-feeling between two • Maoris at To Kuiti, and a clmllcngo to a light resulted in Akati Bono being charged with having assaulted Potor Wei so as to cause him actual bodily harm. Tho circumstances surrounding the case, as alloged by the prosecution, were that Wei was annoyed on July 7 by a crowd outsido his house at le Kuiti. He threatened to call the police if the disturbance did not cease. Thereupon tho accused, who was in tho crowd, and who was not on good terms with Wei, challenged liim to a fight. As preparations were being made for the combat, tho accused struck Wei a powerful blow on tho neck and jaw. It was then found that Wei had been stabbed, and was bleeding from a dangerous wound in the neck. Tho accused, when arrested, had blood stains on his hands and coat, and near the scene of the assault was discovered a bloodstainod knife. The accused, who stated from the dock that he had no recollection of the affair, was found guilty, being sentenced by His Honor to 12 months' imprisonment, with hard labour.

CHARGE OF RECEIVING. ALLEGATIONS OP PROSECUTION. A grocer named Harry Campbell (Mr. J. R. Reed. K.C.), carrvinc on Winpss in Victoria Street, was charged with having received on July 31 2U cases oi jam, knowing them to have been dishonestly obtained. In outlying the case for the prosecution, tlio Hon. J. A. Tole, K.C., said that on the morning of July 31 a man named William James Tracey came to the accuscd and asked him "if lie could do with some stuff." Receiving a reply in the affirmative, Tracey rang up a firm of fruit-preservers, and, in tho name of tho National Trading Company, ordered 20 cafes of jam. Tracey then arranged with a carter to bring the wises to the accused's shop. Tho accused first of all said that the cases were not for him, but ho subsequently took the case?, and gave the carter 3s. fracoy, continued counsel, received £4 on account from the accused for the jam, which was worth £17 10s. Having j discovered that a detective was inquiring ■ about tho jam, the accused, concluded j counsel, offered Tracey £50 to take the wholo blame for tho transaction. Tliis Tracey agreed to do, and he gave himself up to the police, being convicted and finod for obtaining tho goods by falso pretences. Counsel's statements having been borne out in detail bv several witnesses, including the man Tracey, who said that he would not have done what he did had he not been short of money, the opening of tho dofence, which will bo a denial that tho accused knew that the jam had been dishonestly obtained, was deferred until this morning.