HAMILTON TRAGEDY

New Zealand Times, Volume XLII, Issue 9685, 13 June 1917, Page 5

HAMILTON TRAGEDY

ONE-ARMED MAN CHARGED WITH MURDER. FOUND GUILTY OF MANSLAUGHTER. Press Association. HAMILTON, June 12The trial of David Morgan Decide, o, one-armed man, on a charge of 'the murder of Albert Ryan at Hamilton on April 16th last, was. concluded in tho Hamilton Supremo Court this afternoon, before Mr Justice Cooper. Mr Gillies, Crown Solicitor, appeared for the prosecution, and Mr C. L. MacDiarmid represented tho prisoner, Evidence was heard practically the samo as that given in the Lower Court, showing that deceased had kicked tho prisoner when on the ground, inflicting serious injuries, and that some tune later prisoner entered the bar parlour of the Commercial Hotel and struck deceased on tbo bead with a full lemonade bottle. Deceased did not appear to be seriously injured, but was subsequently found in an unconscious condition at tho Frankton Junction Hotel, where he and prisoner had engaged a room. Prisoner left by an early train and deceased was removed to tbo Waikato Hospital, where ho died. Finger-print evidence was adduced showing that deceased, an Australian, had been discharged from tho Auckland Prison in April, and that he had also assumed the name of “Bunco, and had been convicted of an offenoo at Waihi. Air Gillies submitted that there was no doubt deceased had died from the effects of tho blow delivered at the Commercial Hotel, and that prisoner had struck the blow. Ho said the evidence showed that the assault was nob committed in the heat of passion, ami therefore the jury was not warranted in reducing the charge to one of manslaughter. It was evident by the threats used by tbo prisoner that it was his intention, to kill deceased, and later on, when realising the. nature or the injuries, he left hurriedly to catch an early train. . . Counsel for the defence put it t.o the jury that a doubt existed ns to whether the" blow delivered by the prisoner had actually caused the death of deceased. There was a possibility that deceased stumbled and fell in the bedroom of the- Frankton Hotel when attempting to place a washstand against the door, and sustained injury to his head. Counsel submitted that the evidence did not support the allegations that the prisoner entered the hotel with tho intention of killing deceased, and that tho expressions used by the prisoner were those of an injured man, suffering much pain and therefore provocation. His Honour summed up at considerable length, and the jury, after a retirement for thirty-five minutes, returned with a verdict of manslaughter. Sentence was deferred till to-morrow morning.