MANSLAUGHTER CHARGE.

New Zealand Herald, Volume LIX, Issue 18250, 17 November 1922, Page 8

MANSLAUGHTER CHARGE.

THE ASHBURTON CASE.

ACQUITTAL OF ACCUSED. [BY THUEGbAPH—PRESB ASSOCIATION.]

CKRISTCHURCF. Thursday. Samuel Holland, enginedriver. of Ashburton, pleaded not guilty to a charge of manslaughter concerning the death of James Gill at Ashburton on August 26. Dr. Mullin stated in evidence that death was due to cerebral hemorrhage, the result of violence. He examined the internal organs and found that they showed signs of congestion and chronic alcoholism. The heart valves' had probably degenerated.

T. W. Hart, licensee of Chertsey Hotel, said he heard a man whom he believed to be Gill, say, "three cheers for the man who shot Michael Collins." He separated Gill and Holland. Gill appeared to be the aggressor. J. W. Tonks said he separated the men at Chertsey. Gill was in fighting mood. Thompson, doorkeeper at the Ashburton dance hall, said he did not think that Gill saw Holland before he was struck.

Mr. Thomas, -who appeared for the accused, said when a person, was assaulted he could repel force with force if he feared bodily harm, but he must use only such fofrce as was neceasary to protect himself. Holland in the afternoon must have concluded that GL'il was a vicious and dangerous man, because Gill had savagely assaulted him. At Ashburton in the evening, if, was reasonable for him to think tlhat Gill wa» going to assault him again. The jury was out for 17 minutes, and returned with t. verdict of not guilty. Holland was discharged.