BAR ROOM FRACAS.

Sun (Christchurch), Volume III, Issue 826, 3 October 1916, Page 11

BAR ROOM FRACAS.

DEATH OF JOHN FINDLAY A CHARGE OF MANSLAUGHTER The circumstances under which John Findlay, a marine engineer, met his death were the subject of an adjourned inquest at the Magistrate's Court this morning, before Mr 11. W. Bishop, Coroner. The man was admitted to the Christchuroh Hospital late on Friday evening, suffering from injuries to the skull, and died there at 3 o'clock on Saturday morning.

At a preliminary inquiry held last Saturday, William T. Bennett, a marine engineer, said Findlay was brought home on Wednesday evening at about 10.15 in a semi-con-scious condition. He was attended to by Dr Anderson, and on the following day was conscious. He then made certain allegations about a man, saying " was a dirty dog to hit me." The father of the deceased also gave evidence, stating that his son was 36 years of age and a married man, and had previously been healthy. At to-day's proceedings, SeniorSergeant Mathieson conducted the case for the police, and Mr Alpers watched the case on behalf of Chas. Graham.

Charles Nelson Foster, a stoek and station agent, residing at Ashburton, said on Wednesday last, about 8.20 p.m., he went into the Cafe de Paris Hotel in company with John Lillico, an auctioneer. There were about a dozen persons in the bar there, ineluding Charles Graham. Witness went into the bar alone, Mr Lillico having been called away, and moved a jug on the counter to make room for his elbow. Charles Graham was standing on witness's right side and the jug touched Graham's arm. Graham turned round and said in an abrupt manner, "Do I owe you anything?" Witness replied, "You might for all I know," and Graham then "struck out" at witness with his fist. Witness dodged the blow, and Lillico said, "I think we will get out." Lillico and witness then left, but as they were leaving they saw two or three men catch hold of Graham and witness saw one man falling. Witness did not actually see him fall, but believed he was caught as he fell. The man was one of those who caught hold of Graham to prevent witness from being struck. Witness could not say from Graham's condition whether he was drunk or not. Witness did not have a drink.

William Black, land agent, Christchurch, said that on Wednesday evening, September 26, at 8.30, he went into the bar of the Cafe de Paris Hotel to see two men, Henrickson and Simpson. About two minutes after witness's arrival, Lillico and Foster entered. He knew Lillico very well, and they entered into conversation. While thus, engaged, some argument arose to the left between Graham and Foster. Graham wanted to "go for" Foster, remarking that Foster had said he (Graham) owed him something. Foster left the bar, and Graham endeavoured to "go for" Foster, but witness attempted to dissuade him. The deceased, Findlay, then came forward and caught hold of Graham's arm, pulling witness away. Graham swung round to shake Findlay off. There were three chairs, and, as Graham swung round, he pushed Findlay off. The chair was behind Findlay, who, carried by the impetus, fell on to the chair. Graham's action seemed more like a push on the chest than a blow. Graham and Findlay had previously been in company together. Findlay looked upset, and was taken out. Simpson and Heurickson had a drink together just previously, and witness had a shandy with them. He had known Graham well for a couple of years. Graham seemed to be sober, but witness could not say whether he was in his normal condition or showing signs of drink. Witness went into the right-of-way and asked Findlay how he was. Findlay replied that he felt better and would go home with Collins. They then left. Witness then went back to the bar. Graham asked how the fellow was, and said he would not have done Findlay an injury, as he had known him for 30 years—they were boys together. Mr J. J. Dougall at this .stage intimated that he represented the relatives of the deceased, and asked witness if Graham had made any endeavour to help deceased after the fall. Witness replied he could not sav.

DRINKS "SHOUTED." Roland George Collins, a salesman, said he was very intimate with Findlax-, and lived at the same boardinghouse. On the evening in question, they left the boarding-house together about 8 o'clock. Findlay then appeared to be in good health, and, to the knowledge of witness, had no drink that day. They went into the bar-room of the Cafe de Paris and Findlay called for drinks. The drinks were paid for by Findlay. Findlay recognised Graham, who was standing next to them, and introduced him to witness. Graham invited them to drinks, which Graham paid for. Witness had a brandy, Findlay a whisky, and Graham, he thought, a sherry. The same kind of drinks were again ordered by Graham, supplied by a Miss Mullen, a barmaid, and paid for again by Graham. These drinks were only partly consumed when Foster and another man entered. Foster stood beside Graham and attracted Graham's; attention by saying, "Charlie Graham, of Thnaru." Several words passed between the two, and on the part of Graham some heat was shown and : Graham said, "Don't annovnie." To

jiidge by Graham's manner he wanted to light Foster. He pushed Foster, who appeared to fall. Findlay, Hie deceased, went up lo Graham

and spoke lo him. Findlay motioned Foster to leave the bar, and caught bold of. Graham. As Foster got near the side door to go out,

Graham tried to go after him, and Findlay was pulled along by Graham. When the two were opposite three chairs. Graham turned round suddenly and struck Findlay on the left side of the jaw. Findlay collapsed backwards into one of the chairs. The blow was struck as if Graham resented Findlay's interference. Witness attended to Findlay, who was unconscious, and applied a hot water cloth to his head. Wit-

ness, also, together with Simpson, bathed Findlay with cold water. After a few minutes he revived. Findlax-, who could walk with help, was assisted into the right of way. Graham came out and said, referring to Findlay, "This is not the man I hit, is it?" Someone replied, "Yes." Graham wanted to take Findlay's arm, but witness told him to go away as he (witness) would take Findlay home. Deceased complained on the way home of dizziness in the head, sickness, and also said his jaw was dislocated. A moment or two later, he said his jaw "clicked" back into its place again. He still complained of being unwell. At the request of deceased, the two went back to the hotel to assure the barmaids that Findlay was all right. On returning there, the barmaid (Miss Mullfns) "shouted" the two a drink each. Whisky was placed before Findlay, but he was unable to drink it. There were several persons in the bar, but Graham was absent. The witness, continuing, said that on the way home after finally leaving the hotel Findlay complained of feeling ill. When opposite the King Edward Barracks, they were overtaken by a man named Warner, and when opposite the monumental works Findlay stopped suddenly, and witness and Warner walked on a

couple of paces before they noticed this . Witness turned round and saw Findlay reeling backward, but failed to reach him in lime to prevent deceased falling over the kerbing. The deceased struck bis head on the side of the road. He was picked up, and found to be unconscious. With the assistance of a passerby, Findlay was carried into the barracks. Dr Westenra arrived shortly afterwards, and suggested removing Findlay to the Hospital. Findlay had partly revived, and was assisted to the Chrislchurch Hospital, but when there refused to go in, and was accordingly taken home. l)r Anderson was subsequently sent for, and attended the man until Friday morning, and he then suggested Findlay's removal to the Hospital. Between 5 and 6 p.m. on that day he was sent to the Hospital. Witness was certain that it was not the result of drink which caused deceased to reel and fall opposite the barracks. It was noticeable by Graham's talk at the hotel that be was under the influence of liquor. Witness was perfectly sober. Mr Bishop: After two brandies and stout? A question of degree, perhaps. Senior-Sergeant Malhieson intimated that those were all the witnesses he intended to call at this stage. Mr Bishop: I see, you are not going to call Graham? If you do, I shall have to warn him. The Coroner remarked that he was in somewhat of a difficulty in finding a verdict, in view of the conflict of evidence of Collins and Black. You will, of course, Senior-Sergeant, lay an information for manslaughter against Graham? The Senior-Sergeant: I intend to do that immediately.

Mr Bishop: Very well, of course you will take notice of the scandalous proceedings in this licensed house in connection with treating? The Senior-Sergeant: The police have that in hand.

"To my mind," said Mr Bishop, "a person who deliberately breaks the law in this manner by permitting shouting deserves the severest condemnation. The person who condones the offence, too, is just as bad. The State made this law for a set purpose, and those who transgress it al this time of tension should he punished severely."

The coroner added thai the evidence was not sufficient to say that Graham had actually caused the death of the deceased. The blow, on the evidence so far, did not appear to be a deliberate one, struck for the purpose of injuring Findlay. Ikwas not going to express an opinion either way that the blow caused the laceration of the brain which resulted in death. Fortunately a coroner was not called to convict, but merely to inquire in the circumstances of a death. He would not, however, find an open verdict if it was not for the evidence of Black. The value of that evidence, of course, would be for a jury to decide in subsequent proceedings. THE VERDICT. The verdict was:—"That the deceased died from laceration of the brain caused either by a blow struck by Hugh Chas. Graham or by a subsequent fall." Hugh Chas. Graham was then charged with causing the death of John Findlay and thereby committing the crinie of manslaughter. Mr Alpcrs represented the accused.

On the application of Senior-Sergt MathiesOn the accused was remand ed until Friday, October li, at 11 a.m Bail was allowed, self in £2OO am two sureties of .I*loo each.