A SERIOUS CHARGE.

New Zealand Times, Volume XXVIII, Issue 5806, 25 January 1906, Page 2

A SERIOUS CHARGE.

DEATH OF iiA'lli CuAUAM. {.'ASM'S Oifc'MlSaEß. A.; t City Police Con it I’*' lo - ' i;■ j> r<- i;.- ,t. McArthur, ft.-AJ., ,: ;1 . Ha-- caw fi nan-daughter ■•rn-i again, q -.wo u.i.n.-ti i.(dg - IVre.vsl Ik star and acini Uw--veil. in connection with ill-' death ol Malcolm lla.-il Hay Graham. who died in ( nba -trir’. «u*S iUtrd.iy night, Do- <; ■!!.Sk - 1‘ Ejtll. ;; Mivot concluded. tlm chargo in each instance being di-mii-ed. The case was comn’.or.ceri on Friday, hut ownig to the midden indisposition of Mr M Utoixi. the hearing was adjourned. niter five witnesses lor tile Crown had been examined. The wirne-sos then were unanimous that two lights had taken place—one at the Koval Oak corner ami one opposite Pearce's hoot slioxn Det.-ctive Jlrohcrg conducted tJie case for tile prosecution. .Mr l\illurd_ appeared for Cameron, and Air iflair lor ilezar. KVIDENC E CON TIN UED. Constable Towimcnd gave evidence as to t.ho i’ ;;,!i of deceased when he arrived, and of the Milx-eipient remoy~.il of the body to the morgue. Detective Itawlo deposed to the apprehension of accused, and deceased’s mother gave evidence concerning the identification of her son. Tho ino-i, important evidence _ tv as that, given hy Dr (dimer, who on id lie nrriv.-d at the planners i-tre<'t police station a lew inino*os after 10 o’clock on tho night in question, lie taw deceased lying on the floor of an onthciis' ol lii - station. He '.'.sis then dead, hut death had not been, of long duration. He saw no niarlts of external violence, mid no apparent cause of death. The following dqv witness made a post-mortem at the morgue. lie found that all the organ* were healthy. Tito brain was very much congested, and there was hemorrhage on it* most vital part. This had caused death. A blow on tho point of tho jaw, or a fall could have caused the hemorrliago. It was not necessary that a mark would bo visible on deceased's jaw. It was probable that the damage watt done at tho first general scuffle. Any undue excitement would have tended to aggravate) and accelerate tho injury. Witness could not give an opinion hew long before death it was the hemorrhage started. Cross-examined hy Mr Milford. witness said there was no hemorrhage at tho ear, and no fracture at tho base of tho skull. A blow on any part of tho head might have caused tho condition apparent, but the condition would net

prove tho |>lace of impact. Ho did not consider there was any fracture of the mastoid proems. He agreed that the leakage in tho vein at the base of tho skill! earned tho hemorrhage, and that no medical man mould say when tho leakage commenced. Therefore, ho could not «ay whether (ho rendition was brought about by a blow - in tho first or r.econd scuffle. To Mr Blair: The excitement of liquor would accelerate tho leakage. Probably Urn brain was injured in the tjr-t sen file. OOTNSBLS’ ADDRESSES. There was no further evidence, and Mr Wilford addressed tho Court on behalf of Cameron. He said, as far as his client was concerned, ho approached his task without feeling any difficulty in the matter. Xt> doubt tho c.iso irr.i one the police .should try, and proper proceedings he taken. As far as Cameron war, concerned, ho had been treatisi hy the police and Dctcctive Hroberg, who had conductoii the ease, in as fair a manner as ho could have boon in any Court of law. But Cameron’s ease was not one that should ■to before the Supreme Court. There could not Ik> any possibility of a jury returning a verdict, other than "not guilty. - ’ Tho evidence of die Crown was all in favour of his client. It wn.s not certain whether Graham received the injury which caused his death in the first or second fight. He was quite satisfied that when tho injury was received it was in process a return from tho man being attacked. Not one wii-ue-rt who had hecn called cou’d hack up the tbeo-y that Cameron attacked Gr;i.ln.m, and wrongfully. Me asked tho Court not to put tho country and the accused to tho oxjicnse of a further trial, it being his opinion that the case should be dhmWed. Mr Blair. on behalf of Bozar, pursued a similar lino of argument. Ho slid tho evidence was ;us weak against his client as against Cameron. He (Mr Blair), his Worship, or anybody else, would feel jiLstilhxl in striking a person wlio liad inflicted a cowardly blow on someone else. THE VERDICT. Dr McArthur said ho could bear out wliat Mr Milford had said in regard to tho fair manner in which tho case had been conducted; and, os far as ho could judge, tho witnesses had given their evidence in a straightforward and open manner. There was no concealment of what took place. Counsel, too, had not exceeded their limits in cross-examination, nor had they tried to “bamboozle” witnesses for the Crown. Taking Cameron’s caso first, had it not boon for tho medical evidence, iio would have at once dismissed tho information, without calling upon Mr Wilford for a speech. In reference to Bozar, ho quite agreed with Mr Blair that anybody else might have dono tho .same an ho did. It must be remarked, however, that death took place in this instance. Taking the whole facts into consideration, ho fell it his duty to dismiss both tho informations ; but at tho same time ho considered tho polioo laid dono their duty, and dono it well. Ho would add a word of advice for the guidance of tho two young men before him and others. People liked to seo freedom, but ho would point out what excess of freedom might bring. Accused must liavo boon greatly disturbed in their minds at being mixed up in a street disturbance. If in future they saw anybody looking for fight, ho advised tho youths to giro thorn a wide berth—to steer clear, and behave as gentlemen. The present case would shorn- them how easily they could be drawn into an affair, tho outcome of whidh was one of tho most serious chargee possible to bo laid.