CHARGED WITH MURDER

NZ Truth, Issue 580, 29 July 1916, Page 5

CHARGED WITH MURDER

Result of a Street Squabble

Michael Carey Committed for Trial

(From "Truth's" Chrlstchurch Rep.)

Michael Carey, a member of the 16th Relnlorcemonts, was charged before J's.P. m the Christchurch Magistrate's Court last week, with the murder of Frederick William Allen. Mr. J. A. Cassldy appeared for the accused. The evidence for the prosecution wa3 on similar lines to that tendered at tho coronial inquiry, a full report of whjch appeared In "Truth's" last Issue. Two additional witnesses gave evidence, however, their story being to the effect that Carey and Allen were arguing near Hallensteln's buildings m Cashel-street, when the former, after calling Allen a "A shirker, who ought to be at the front," struck him two or three times, and concluded by punching- him ON THE POINT OP THE JAW. As a result of the last blow, Allen, who had made no attempt to defend himself, and had not even removed his pipe from his mouth, fell backwards, striking the back of his head on the roadway. He died a few hours later, without regaining consciousness. Another witness gave evldeprfe that Allen had enlisted and could not Justifiably be called "a shirker."

When the evidence for the prosecution was concluded, Lawyer Cassldy, In answer to the usual caution, aald tfcat tho circumstances obviously fell short of involving an ordinary charge of murder, as thore was an entire absence of evidence showing that the act had boon premeditated. The men wero strangers to each other, und the details of , tho quarrel between them had not yet been investigated. Counsel asked tho Bench to reduce the charge

TO ONE OF MANSLAUGHTER, and thus enable the accused to get ball and consult with his relatives on the question of his defence.

Tho Bench conferred ou the matter, and decided to send tho case to the Supremo Court without alteration.

The accu.Bedth.on pleaded not guilty, and, reserving his defence, was committed for trial.

A second charge of using obscene language was withdrawn.