CASE DISMISSED

Poverty Bay Herald, Volume LXV, Issue 19694, 28 July 1938, Page 16

CASE DISMISSED

MANSLAUGHTER CHARGE ELDERLY MAN'S DEATH SEQUEL TO A FIGHT BROTHERS' STRUGGLE (Per Press Association.) WELLINGTON, this day. A charge against Leonard Neiling, a labourer and brushmaker, aged 26, of causing the death of John Joseph Owen by an unlawful act, thereby committing manslaughter, was dismissed by Mr. J. H. Luxford, S.M., in the Petone Police Court, yesterday, after the hearing of evidence. Constable G. E. King said that as a result of a complaint he received about 8.30 p.m. on June 7, he went to No. 25 Richmond street, Petone, then occupied by John Joseph Owen. He entered the kitchen. When he saw Owen and Neiling, the latter said there was no trouble, but Owen said: "This is what he has done to me," at .the same time pointing to his face. Owen's eyes were both blackened, and there was blood on his cheek. Witness asked if he wanted to make any complaint or charge against Neiling, and he replied: "No; all I want is for him to get out." Neiling appeared to be stupid from drink. There were bottles of beer, stout, and a bottle of whisky on the table. Witness called Owen outside, and when he returned to the kitchen a few minutes later, Neiling had left. On June 10, Owen came to the police station to make a complaint. His eyes were both blackened, although the swelling had gone down, and both cheeks were bruised, as well as both forearms. Witness said he did not smell drink on Owen. Deceased Knocked Over Thomas Neiling, motor driver, Petone, said the defendant was his brother and used to live with Owen. At 4.30 p.m. on June 7 his brother was in a state of intoxication. Later Owen, witness and defendant had a bottle of whisky. Witness and his brother had an argument, and came to blows. Owen interceded and was knocked over. Witness went for the police because he wanted his brother removed from the house. This would be about 7.30 p.m. About 10.30 p.m. there was another row. Witness had locked Owen's door because he feared if his brother came back there would be a set-to and the old man might interfere. When Leonard Neiling came back he demanded to be let in, and forced the door. The defendant started 'throwing l hinns pbout, and swung a chair round. Witness tried to take the chair off defendant and, in doing so, received a crack on the head. In the struggle that ensued, they went through a glass door in the passage. Witness had three stitches put in his head. As a result of what happened in the afternoon, Owen received a black eye and a bruise on the chin. Owen was employed at the Railway Workshops. He was subject to fainting turns, but was able to go to work after the episode. In the afternoon he had three or four drinks. Young Woman's Evidence Florence Lily Maude Owen, a single woman, said that at one time she resided at 25 Richmond street. Petone, with the deceased, who was her father. Leonard Neiling was also living there. On June 6, Neiling said he was going to leave. She took no notice and he said: "Don't you want me to go?" She said she had intended to ask him to leave two or three months before. He said: "Is it money I owe vou?" and she said "No. He then started knocking her around. She got out of bed and went up to the front room to sleep. This happened about 10 p.m. Owen was in his room, and he sang out that Neiling was to leave her alone. When she went up to the front room, Nailing followed, so she went to her father's room. He pulled her back into her own room. When her father was trying to stop Neiling, he was pushed back against the wall. The deceased was hmt in the workshops about four years ago. In reply to counsel, witness said that she and the defendant had been living together as man and wife for some time She did not know that people did not like his living there. "I submit there is no case for the jury on the charge of manslaughter, said counsel, Mr. T. P. McCarthy. Misadventure The magistrate said he quite agreed that at the most, the evidence showed that' there had been a fight between the two brothers, during which it appeared that the deceased had interfered and received a slight injury which, in his condition, caused complications that resulted in Ins death. This was misadventure. The other charges were on a different footing. On the charges of assaulting Florence Lily and committing mischief by wilfully breaking 14 panes of »J-«f B jgj door, of a total value of £23 19s. Neu ing was remanded to appear at Petone next Wednesday. Bail was allowed.