THE AUCKLAND TRAGEDY.

Poverty Bay Herald, Volume XXXVII, Issue 12199, 15 July 1910, Page 5

THE AUCKLAND TRAGEDY.

A CHARGE OF MURDER

(Per Press Association.) AUCKLAND, this day. As a sequel to the violent death of the. man, John Mason Price, in the public bar of the Wiiitemata hotel, on the after noon of the Ist July last, Charles Tucker Appeared at the Police Court, chaTge'd with murder. Dr Milsom said that he was called in to attend the deceased on the evening of the Ist July, but when he saw him he was dead. He 1 noticed a swelling on the right side of the neck near the angle of the jaw, apparently caused by bleeding in the; neck. On the surface of the swelling was an old scar. Subsequently witness made a post mortem examination of the deceased. He then discovered that at tho base of the brain there was diffused a considerable amount of blood, which apparently came from the opening of the spinal column. The swelling in the neck consisted of a recent blood clot, and in this he discovered a fragment of bone, which was broken off the horizontal portion of the first piece of the- spinal column. The artery running through this portion of the vertebrae column was ruptured, and it Mas the consequent hemorrhage on to the brain which caused death. The fracture of this bone must have been caused by direct violence from tho fall. This bone was protected b,y the jawbone, so that it would have been impossible for a man to strike the blow which caused death from the front. The blow could have been struck by a person to the rear of .deceased. Witness could not say how soon after the rupture* of the artery death, would ensue, but thought it would be a matter of minutes. An injury such as that suffered by the deceased might cause practically instantaneous death. The injury could not have been caused by a fall on to the floor. Assuming that the blow causing the injury was struck with the first, it must, have been of considerable violence. The impact must < have been made , \yith the khuckles> and the blow must have been hit with, the right arm by a. man to the rear of the deceased ; also deceased must have had his head turned to tho left to expose the bone. The examination disclosed nothing to indicate that deceased had been drinking to excess.. •

James Edward; O'Shaugnessy, barman, .stated that on the Ist July he was in charge of the public lwr of the Waitemata hotel during the , afternoon. Witness knew the deceased, man Price, and remembered . his coming into tho bar at abput 4.30. He wap accompanied by a friend, with whom ho had two drinks. Some minutes afterwards deceased called witness over, and told him that another man, Hurley, had/ called him a beer cadger! Witness told him that the drinks had 'been paid for, and Price turned to Hurley, and' asked Mm to withdraw .his" words. Hurley refused, and Price said, "If yriu don't, I'll wipe the floor with you.",' Hurley still, refused, and eventually Price attacked Hurley, and punched him three or four times. Hurley stepped back, and tried to guard his face. -When Pries was in the act of striking another blow, Tucker stepped rapidly : towards Price, and behind, and hit Price with his right fist on the right side of the head or neck, saying at *the -time, "Have one yourself." Price fell almost immediately. He made an "effort to rise, but before he got up Tucker struck him another blow on the same part of the head. .Price fell on his back, and did not move afterwards. .

Richard Collins,^ assistant barman at tho Waitemata hotel, corroborated the evidence of the witness O'Shaugnessy. •Simon King, bushman, said that he Mas in 'Pucker's company in. the bar immediately before Price was killed. They were having a -drink, when an argument started at the other end of the counter. The two men concerned were not fighting. Presently Tucker said, "My mate's in a row." and made to go over to him. Witness said, "Don't interfere with him," and grabbed him by the coat, but Tucker paid no heed to him, and rushed over. Witness saw Tucker hit a man who was standing "sideways on" to him. A crowd rushed round 'the men then, and he did not see any more of the affair. . Other evidence of a like nature having been tendered, accused,. who reserved his defence, was committed for trial.