A CHANGE OF MURDER

NZ Truth, Issue 579, 22 July 1916, Page 6

A CHANGE OF MURDER

SEQUEL TO A STREET SQUABBLE PRIVATE MICHAEL (MY IN THE DOCK lawyer Cassidy Loudly Protests Against Christchnrch Yellow Journalism (From "Truth's" Christchurch Rep.)

About midnight last Saturday, a single man named Frederick William Allen died m the Christchurch Hospital as the result of a fracture of the Bkull sustained by him earlier m the evening m Cashel-streeL The collective circumstances of the affair tend to indicate that Allen, who was a local cab proprietor and credited with a quiet, inoffensive disposition, was m conversation ntQi Michael Carey, a member of the Sixteenth Reinforcements, who was m Christchurch on final leave. Carey is alleged to r ' HAVE ARGUED WITH ALLEN, whom he followed when the latter made as if to walk away. Witnesses state that Carey then confronted the cab- driver and, after dealing him three smacks m the face, followed up the assaUlt with a left-handed punch on the point of the Jaw. Allen, who appears to bave made no effort to defend himself, fell backwards oft! the footpath and struck his head violently on the asphalt roadway. \ Constable Straffon, who was m plain clothes and had witnessed the whole affair, was making towards Carey after Allen had been struck the first three blows, but before he could interfere the fnnj blow had been delivered. The constable quickly procured assistance and arrested Carey on charges of assault and obscene language, Allen meantime being conveyed to the Christchurch Hospital, where he died about six hours later without regaining consciousness. ■ The deceased, who was well-known m Christchurch, lived with his mother m Madras-street. Hie was a rather big, rosy-faced man and popular among his fellow "cabbies." Carey is about 6ft. 91n. m height and of 'nuggety build. CAREY IN COURT. On Monday morning, Michael Carey, described as ah Australian, 33 years of age and single, appeared at the Magistrate's Court before Messrs. J. H. Seager and T, Bullock, J.'sP. He was charged, firstly, with having used obA scene language and, secondly, with the murder of Frederick William Allen at Christchurch on July 15. Lawyer J. A. Cassidy represented the accused, who appeared m the dock m uniform. Sub-inspector Mullany asked for a remand" until Friday and the applica-\ tton was granted. COUNSEL'S COMMENT. While the accused was still before the Court, Lawyer Cassidy mentioned the reports of the case which, had appeared m the morning papers. He said be desired to -publicly protest against the Americanised journalism which was evidently creeping into our papers and, while candidly admitting that the press of the Dominion and of Christchurch was" conducted on the highest standards, he objected to statements for the prosecution* being prematurely published, as it was obviuos, that such statements as he had read that mornIng would prejudice any- trial. THE INQUEST. An inquest was held at the General Hospital on Monday afternoon, 'before Mr. T. A. B. Bailey; S.M., District Coroner. • \ Sub- inspector -Mupany took charge of the proceedings on behalf of the Police. Lawyer Cassidy appeared on behalf of Michael Carey, who appeared m uniform and under escort. John Allen, laborer, residing In Ma-dras-street, brother of the deceased, gave evidence of identification. Deceased, he said, was a single man, 44 years of age. Dr. Scott, superintendent x of the Christchurch Hospital, gave evidence concerning the condition of the deceased when he was admitted to the hospital at 6J.5 pan. on Saturday m an unconscious condition. He was bleeding from the right ear and there was a bruise under the right jaw. He died at 0.50 aan. on Sunday, NOT HAVING REGAINED CON- j SCIOUSNESS. j Mr. Cassidy:. Were there any marks on the back of his head? — No, I didn't •cc any. Did jyon look? — Tea. Dr. (Pearson, pathologist at the Christchurch Hospital, stated that with Dr. Westerna he made a poet mortem on the body of deceased on Monday morning. There were fractnres of the base of the skull on the right side. One fracture extended to the occipital bone. Another fracture, also on the right side, extended around towards the left side. There was also blood m the tissues under the right jaw and In the tissues of tho scalp and covering the surface of the brain, which was otherwise healthy. The other organs of the body were healthy, with the exception of signs of early Inflammation of tho kidneys. k Tho cause of death was coma, duo to hemorrhage, follow- j Ing a fracture of the skulL The lnjur- ! las were consistent \with the deceased hartmr fallen on tho, back of his head on a hard substance.' The mark found on tho cheek -was consistent with the deceased having received a blow from •> man's fist. Mr. Cassidy: Would tho deceased' s ' bead striking the asphalt cause the injuries to tho skull?— Oh, yes»» • Ami it was tho injuries to the skull which caused death? — Yes.

Dr. Westerna gave evidence of a similar nature. Constable E. W. Straffon deposed that about 5 p.m. on Saturday he was m plain clothes walking 1 along Cashelstreet opposite the D.1.C., when he saw Michael Carey ARGUING WITH ALLEN. While passing-, witness heard Carey say "You dirty ,Tll crack you on the jaw." The words were, expressed m a low tone and witness walked on for about 30 yards /and then, on looking back, beard Carey say to Allen, "You are a shirker, you ought to be ,at the front." Allen replied something which witness could not hear and then walked quietly away. Carey followed him. closely and then coming face to s face with Allen he struck him on the face three times

with his clenched fist. Witness was on the point of arresting Carey for assault, but before he coald reach him, he (Carey) struck Allen another , blow on the angle of the jaw with his left fist Allen at once fell to the ground and the back of his skull heavily struck -the asphalt. Witness at once sent for the ambulance and a constable, who took the injured man to the hospital while witness , arrested Carey and had him conveyed to the lockup. Christopher I* . Brownlee, railway clerk at Lyttelton, stated that about 6.30 on Saturday evening he was walk,ing In the direction of , the railway station and when v near Cashel -street he saw a number of men near the door of Hallenstein's, opposite the DXC. Carey, who was one of the crowd, struck Allen three times and, as a man m plain clothes was walking towards -Carey, the latter dealt Allen a left-handed blow under the Jaw. Allen fell backward* and struck his head on the roadway. Witness found a constable; and informed him of what he had seen. The Coroner: Did the other man show flght?— No, Bir, he mode no defence at all. Mr. Cassidys This all took place within a few seconds? — Yes. How many men would there have been m the group m front of ff alien - stein's? — About o. dozen when I got there, but only tliiree" or four when 1 first looked across from the .other side of High-street Which constable saw you about your evidence? — Detective Quartcrmaln, at Lyttelton. It was raining lit town on Saturday night ?-— Yes, drizzling. < And the ground, was slippery? — Yes. Arthur Bull; tram conductor, said ho saw the trouble between Carey and Allen, a friend having initially drawn his attention to the soldier having struck someone. Witness saw Allen struck twice by Carey. Then there was an Interval before the soldier delivered another blow which caused Allen to fall to the ground. Witness was seven or eight paces away when the lastblow was struck and he had A CLEAR VIEW OF THE AFFAIR, which took place very quickly. Frank Phillips gave evidence of having, m company with the last witness, witnessed the assault. Deceased when first struck made no attempt to defend himself, but merely backed away and was followed by the soldier. When deceased was near the edge of the footpath the soldier struck him a blow which lifted him ofl his feet and caused ,hUn to drop like a log. Throughout the argument deceased kept his pipe m his mouth and never lifted his hands from his side. . , To Mr. Cassldy: There were several people between witness and the scene of the assault and the shop lamps were lighted. Deceased was -facing witness and there 'was no shouting or noise. This concluded the evidence and the Coroner returned a verdict to the effect that Frodorlck William Allen died from fracture of the skull, caused by n fall the result of a blow struck by Mlchaei Corey. \