MANSLAUGHTER ALLEGED

Southland Times, Issue 23025, 20 October 1936, Page 7

MANSLAUGHTER ALLEGED

FISHERMAN’S DEATH SUPREME COURT TRIAL BEGUN (United Press Association.) Dunedin, October 19. The trial of Richard Corrigan on a charge of manslaughter arising out of the death of George Stuart Neish, aged 61, a fisherman, at Palmerston on Angust 26, was begun in the Supreme Court to-day. Mr Justice Kennedy was on the Bench. An alternative charge of assaulting Neish with intent to cause actual bodily harm was preferred against Corrigan, who, the Crown alleged, inflicted fatal injuries by' kicking Neish on the head. Accused was represented by Mr J. G. Warrington and Mr F. B. Adams conducted the case for the Crown. Evidence was given by Dr P. F. Howden, of Palmerston, who examined the body in the early morning and formed the opinion that death had occurred before midnight, and by Dr E. F. D’Ath, Professor of Pathology at the University of Otago, who conducted a post-mortem examination. Dr D’Ath said that he was almost certain in saying that deceased was when he died. Death, in his opinion, was caused by injury to the top of the head and the blow must have been severe. The injury was consistent with a kick by a person wearing the boot which was exhibited in the Court, and he expressed the opinion that marks on deceased’s head coincided with the nail on the boot. Death from such an injury would not be immediate and might even follow some hours later. Mr Warrington asked Dr D’Ath whether it was possible that the injuries were caused by a boot other than Corrigan’s, but witness replied, that it was unlikely that in another boot the disposition of the nails would be the same. The position of the wound was such that he could not imagine any circumstances in which it could have been caused by a fall. Visit Described. Evidence was also given by Alexander Erholm, a fisherman of Moeraki, who described a visit by witness and Neish to Corrigan’s place, where drinking took place. Neish and Corrigan went outside and Corrigan returned 10 minutes later. Corrigan said: “I made a good job to put him out for a while,” oi- something like that. When witness opened the door Corrigan walked in front of him. Corrigan went to a car and witness saw Neish lying under the fence. Witness, thinking Neish was drunk, said: “He must have gone out very suddenly. It is not good to leave an old man under a fence all night.” He suggested that Neish should be put in the- car and taken to his own place. They put him in the car, but witness, who had Neish by the legs, noticed no injury. Getting out of the car- witness, who had had more drink than he should have had, fell down a bank and when he got up the car was gone. Neish was lying feet downwards on the bank. Thinking that he was drunk and might recover, witness left him there. Witness did not examine Neish, because he had seen him like that before. Later, witness said, he pulled Neish’s coat over his head and started to drag him inside, but left him at the door. Witness went inside and must have fallen asleep. When he awoke he called, but received no reply. He lighted a candle and saw some blood. He got a shock and ran to the railway station and asked a porter to come. Later the local constable arrived. The hearing was then adjourned till to-morrow morning.