PALMERSTON TRAGEDY

Otago Daily Times, Issue 22999, 30 September 1936, Page 3

PALMERSTON TRAGEDY

DEATH OF STUART NEISH CHARGE OF MANSLAUGHTER ACCUSED COMMITTED FOR TRIAL The preliminary hearing of the charge of manslaughter preferred against Richard Corrigan, aged 49, a miner, who was alleged to have been implicated in the death, at Palmerston on August 26, of an elderly fisherman named Stuart Neish, was concluded yesterday at the Palmerston courthouse. Mr H. W. Bundle, S.M., was on the Bench. Chief Detective Young conducted the prosecution, and Mr J. G. Warrington appeared for the accused. The evidence of six witnesses was taken, and the accused, who pleaded not guilty, was committed to the Supreme Court for trial, the inquest proceedings, which were taken concurrently with the hearing, being adjourned sine die. THE DECEASED’S INJURIES Dr P, F. Howden said that about 1.45 on the morning of August_ 27 he examined the body of Neish, which was lying at the door of the deceased’s hut in Auskery street, Palmerston. When witness first saw the deceased he was lying on his face. Life was then extinct and the body was becoming cold, and in witness’s opinion death had taken place about two hours previously. An examination of the deceased s head disclosed a large contused wound over the left eye, and another contused wound on the top of the head', with several scratch-like marks near it. ~ To Mr Warrington: It was a cold night, and very nearly freezing. A CONVIVIAL EVENING Alexander Erholm, a fisherman, residing at Moeraki, said he had known the deceased since 1911, and had been friendly with him ever since. Of late Neish had been living in a two-roomed hut opposite the tennis courts in Palmerston, and witness sometimes stayed with him for a week-end. Witness came to Palmerston on Friday, August 21, and stayed until the following Wednesday, when he and Neish procured two gallons of beer and a bottle of gin from Macrae’s, witness paying for the liquor. On the Wednesday witness went to Moeraki, but returned in the evening, and on his arrival, he and Neish went to the latter’s hut, where they had two or three glasses of beer. It was about 5 o’clock when he arrived at Palmerston, and he remained with Neish at the hut until about halfpast 6, when they left to visit Corrigan, taking with them the bottle of gin, out of which one drink had been taken. Witness knew Corrigan slightly, but he was not a friend of his. When they reached Corrigans house Neish knocked at the kitchen door, which was opened by Mrs Corrigan. Corrigan said “ Hullo, Stuart,” and Neish went in, witness following him. Mrs Corrigan, the accused, and two young children were in the kitchen, and these were the only people witness saw in the house. The bottle of gin was put on the table, and witness, Neish, and Corrigan had a drink. They then had another, but when a third round was suggested witness refused, saying he did not like gm, which, he was afraid, would make him drunk. At this, Corrigan said to his wife, “Go and get a bottle of beer and give it to Alec, and while witness was drinking this Corrigan and Neish had some more gin. Witness told Mrs Corrigan to get some of the gin and put it away and she did so, emptying the liquor into what looked like a medicine bottle. The party then had a sing song,” witness being chief singer. AN ARGUMENT COMMENCED Later, Corrigan and Neish commenced to argue with each other about Sinn Feiners. The discussion was not too friendly, and finally the pair began to push each other. Mrs Corrigan became very excited and took one of the children out of the pram, witness going to help her. The next thing he saw was Neish and Corrigan going outside, but he could not say who went out first as he was watching Mrs Corrigan and the children. He thought that the time would then be . little after 8 o’clock. Witness did not look outside, and he heard no more of Neish or Corrigan until Corrigan, after an absence of about 10 minutes, returned, remarking to witness, You can stop here to-night but that bStuart Neish can’t.” Asked where Neish was, Corrigan replied: He will not be coming in either; I put him out for a while,” or something like that. Witness waited for some time, and as Neish did not reappear, he went out to look for him. Corrigan preceded him, and walked away from the house to his motor car, which was standing near a fence adjacent to the house, and witness saw Neish lying between the car and the fence. Thinking that Neish was drunk, witness remarked, “ He must have gone out very suddenly.” NEISH TAKEN HOME It was dark under the fence, but witness thought that Neish had a hat on. Remarking that it was no use leaving Neish lying there all night witness asked the accused to help him take him to his own place, and Neish was placed in the back of the car. At that time witness did not notice any trace of blood or injury. Corrigan then drove the car to Neish’s hut, and pulled up on the edge of a bank outside the gate. Witness got out, but having had more drink than he should, he fell down the bank, and when he got up, Corrigan and the car had .gone. Neish was lying on the bank near the side of the path to his hut. Witness left him lying there and sat beside him waiting for him to become sober. To repeated inquiries whether he was becoming cold, Neish made no reply, and after about half-an-hour had elapsed, witness pulled his (Neish’s) coat over his head and dragged him down the bank and along the path to the door of the hut. He had seen Neish in this condition before, and did not take particular notice whether he was breathing; neither did he see any sign of blood or injury, Neish weighed about 16 stone, so witness left him lying near the door, thinking he would recover, and, going inside, went to sleep. When he woke, he called out to Neish, and receiving no reply, he went outside to find the deceased lying where he had been left. FOUL PLAY SUSPECTED

He saw blood running from an ear, and, suspecting foul play, he ran to a railway porter, who summoned the police. So far as witness knew, nothing had happened in the kitchen which might cause in injury to Neish. Witness was wearing light shoes on the evening in question. To Mr Warrington; Neish had had the first drink of gin from the bottle.

When Neish and Corrigan went qut together, the gin, with the exception of the small bottle which had been taken by Mrs Corrigan, was finished. Mr Warrington: Could you hear Neish breathing when you discovered him lying near the car’— No. You did not assist in getting Neish out of the car?—No. To a further question by Mr Warrington, witness said he thought that the distance from the gate to the door of Neish’s hut would bq about 20 or 30 yards. SOUNDS OF A QUARREL

Ronald William Grafton, a labourer, residing at Palmerston, said that about 9 p.m. on August 26 he was standing outside a house about 200 yards from Corrigan’s residence, and heard a quarrel, and what sounded like a scuffle, going on near the latter place. He heard the words: “Get out, and if you come back again I’ll knock your head off. This was repeated two or three times. It was a male voice that he heard, and the owner of it appeared to be angry. Charles Dixon, a baker, residing in Palmerston, said that on the night of August 26 he was visiting a house about 250 yards from that of the accused. He left to go home about 10 o’clock. On his way the accused’s car passed him, and witness later heard it being backed under trees near Corrigan’s house, where the latter usually left it. The car came from the direction of Neish’s hut. POLICE EVIDENCE Constable Kelly of Palmerston, said that he had known the deceased for the past two years, during which time he resided in a hut in Auskery street. About 1.20 a.m. on August 27, witness was awakened by a man named Swanson, and as a result of what was told him, he went to Neish’s house. On arrival there he found the deceased lying outside the door. There was blood on the left side of the face and in the ear, and there was an abrasion on the top of the head. A mark on the path indicated that the deceased nad been dragged from the gate to the door. There was a two-gallon jar, containing a quantity of beer, on the floor. Witness at once .communicated with Dr Howden and with the Dunedin detective office, and later in the morning witness, in company with Detective Taylor and Detective Sergeant Hall, visited Corrigan’s house. The door was opened by Mrs Corrigan, who was dressed, and Corrigan then came out. Asked by Detective Sergeant Hall if Neish had been there the previous night, the accused said “ Yes,” and, questioned further, admitted that there had been trouble. Detective Sergeant Hall then asked if he had been drinking gin, but he said “No, the Finn had some, but I did not take any.” He said he did not know that Neish had been injured. On September 13 witness was present when Detective Sergeant Hall arrested Corrigan, who, when the warrant was read to him, said: “ That is wrong any way.” To Mr Warrington: Neish’s hut was not in disorder when he first went to it.

PATCH OF BLOOD DISCOVERED Corroborative evidence was tendered by Detective Sergeant Hall, who said that the accused, when interrogated, said that Neish had fallen against a broken stud on a shed near the kitchen door. When told that Neish was dead he remarked: i“ Is he? ” When the accused was first taken to the police station he had abrasions on his right hand and wrist, also smears of blood. The boots worn by the accused on the night Neish died were taken possession of. and in the section or his house, near where his motor car was standing a patch of congealed blood was found. Several pieces of board were also discovered and were handed to Dr D'Ath. On the road outside Neish’s hut marks which could have been made by Corrigan’s err were discernable. An examination of the car revealed specks of blood on the tool box and on the right hand front window, but no trace of blood or other marks could be found on the walls of the shed at the accused’s back door, and the broken stud on the shed had cobwebs on it. There was nothing on the section to indicate that the deceased had fallen elsewhere than at the spot where the blood was discovered. To Mr Warrington. Erholm's clothing and boots were examined, but no blood was found on them BAIL ALLOWED The accused pleaded not guilty, and, reserving his defence, was committed to the Supreme Court for trial. Bail was allowed in his own recognisance of £2OO and one surety of a like amount, conditional on his reporting daily to the police at Palmerston. INQUEST ADJOURNED The inquest was adjourned sine die.