MANSLAUGHTER CHARGE

Taranaki Daily News, 9 July 1929, Page 11

MANSLAUGHTER CHARGE

FIGHT IN AUCKLAND STREET ACCUSED MAN EXONERATED. * DEATH CAUSED BY HAEMORRHAGE By Telegraph—Press Association. Auckland, Last Night. Thomas Nizich, aged 35, was brought before the Police Court on a charge of manslaughter arising out of the death of Arthur Ludwig on June 24, following a quarrel in a boarding-house in Victoria Street. The hearing was held in conjunction with the coroner's inquiry. Dr. Gilmour, hospital pathologist, expressed the opinion that Ludwig’s injuries had been caused by a fall, not by a blow. Ludwig was very liable to haemorrhage. Evidence was given that a quarrel developed between the two men, and Nizich ordered Ludwig out, and pushed him.

Martha Robinson, widow, said she saw Ludwig take his coat off; then Nizich struck Ludwig. Mrs. Vera Butterworth said she went to 139 Victoria Street to get a key to a house in Nelson Street. After she had seen the house she went back to 139 Victoria Street and began to make arrangements with the accused about renting the house. Ludwig walked in, not at her invitation, and commenced to argue with the accused. Ludwig appeared to have had liquor* but accused did not appear to be under the influence of drink. When Ludwig went into the shop accused told him to leave. Accused pushed him out but he came back. “Before I left the shop they both had their hands up as if to strike one another,” witness said. “I left the shop and when I reached the Empire Hotel I saw Ludwig, accused and other Dalmatians on the footpath. I did not see the accused strike Ludwig. I do not know of .any private dispute between the accused and Ludwig. Accused did not give Ludwig any provocation. I have known Ludwig since I wa.s a child.” Un her way back from the house in Nelson Street witness had met Ludwig at the corner of Victoria and Nelson Streets and left h?r little boy, who was with her, with him while she went to discuss the terms of the rental with accused. Evidence was given by other witnesses that while the parties were inside the shop no blows were struck, but that outside there was a scuffle. Ernest Hunter Barratt, traffic inspector to the Main Highways Board, who was passing, said that when 'he first saw* t»e two men they were in a fighting attitude in the street. He saw three distinct blows. Ludwig struck Nizich twice in the face and then the accused struck him. The blow’ given by Nizich was not sufficient to knock Ludwig down. Both men seemed to have taken liquor, but the accused was the more sober. Both had their coats off. The coroner returned the following verdict: “I find that the cause of death was haemorrhage over the suriace of the brain. The medical evidence show’s that emotion or excitement would cause such a haemorrhage iu a man jn Ludwig’s physical condition, and I find it was so caused and not by a blow.” Counsel submitted that in the face of such a verdict there could be no ease or manslaughter and the magistrate agreed, remarking tl t even if Ludwig had fractured his skull in his fall he would not have committed accused for trial. Nizich was accordingly discharged.