SEQUEL TO FATALITY

Taranaki Daily News, 13 January 1932, Page 9

SEQUEL TO FATALITY

MANSLAUGHTER CHARGE MAN’S DEATH IN STREET. ACCUSED SENT FOR TRIAL. I A charge of manslaughter, in that he did unlawfully kill Frederick Lovelock at Otahuhu on December 19, was preferred against Andrew Inglis Carswell, aged 25, before Mr. F. H. Levien, S.M., in the Police Court at Otahuhu on Monday. Simultaneously with the hearing evidence was taken at the inquest, the coroner returning a verdict that death was due to hemorrhage of the brain, following upon assault by accused. Carswell, who was not represented by counsel, pleaded not guilty and reserved his defence. He was committed to the Supreme Court for trial, bail being allowed at £l5O, with two sureties of £l5O each.

May Oliver stated that about 6.15 p.m. on December 19 she went through the Star Hotel yard into Atkinson Avenue, Otahuhu, where she saw a number of men, among whom was the deceased, Lovelock. There was a quarrel in porgress, but deceased took no part in it. Witness heard him say to the men quarrelling, “Don’t be silly, boys.” De* ceased then moved away, and witness lost sight of him. Deceased was sober. Soon after Lovelock left the crowd another man, named O’Toole, was knocked down and rendered unconscious by a blow. Witness said she went to assist O’Toole and did not see what happened to Lovelock. After assisting O’Toole she looked down the road and saw deceased lying on the middle of the road, about 60ft away. STATEMENT OF EYE-WITNESS. Charles D. Duane, aged 14, said he was standing at the corner of Atkinson Avenue when he saw a number of men about 60 yards away. Carswell punched deceased several times about the chest, and one blow knocked him down on his back, on the metal road. Witness said he was moving toward the men at this time, and saw deceased’s head strike the metal as he fell. ' When witness approached he saw Carswell get hold of the lapels of deceased’s coat, pick him up in a sitting position, shake him, and- then let deceased drop back on to his back on to the road again. “When I first saw Carswell punching deceased I noticed that the deceased had his hands open and his arms raised trying to protect his face and head,” continued witness. At no time did deceased strike Carswell or attempt to do so. Further evidence was given by Joseph Cooper, a meter reader, and John O’Toole, labourer. The latter said he had been in the hotel with deceased, and was afterwards assaulted by another man who had been in the hotel with accused. Dr. D. N. W. Murray stated he had conducted a post-mortem examination of the deceased. Witness described abrasions and wounds scalp and face. None of the scalp wounds went to the bone of the skull, which was thin walled, and no fracture of the skull could be seen. Death was due to hemorrhage of the brain following rupture of the arteries at the base of the brain and precipitated by a fall or blow on the head. STATEMENT. BY ACCUSED. Defective-Sergeant Doyle gave evidence of having inteiviewed Carswell, who had replied, “Oh, I did not know he was dead; drink is the cause of this.” Carswell had given a statement, in which he stated he had been discharged from the Navy, in which he was a stoker, on Oc-. tober 29, 1931. Since then he had been residing with relatives at Otahuhu, where he was employed on relief work. About 3 p.m. On Saturday, continued’ Carswell’s statement, he went to the Star Hotel, having cycled from his home. Carswell referred to events in the hotel and an altercation which took place there. Subsequently when he went into Atkinson Avenue he saw two men fighting. Another man tried to stop the fight and accused said, “Give them a fair go.” “The other man said, ‘Mind your own ■business,’ and he pushed me and my bicycle fell down,” continued Carswell. “I followed him to the road and pushed him with my hand. He fell on his bask and did not get up again. I bent down and tried to pick him up, jjut he was too heavy. I left him lying there Ind got my bicycle and went home.” Carswell said he was under the influence of liquor, but was able to ride his bicycle home.

Carswell, in the statement, said he had no idea that the man he had pushed over had died as tthe result of the injury he received. When he had the struggle Carswell said he had punched the man about the jaw with his right hand and pushed him with the left, which caused him to fall on his 'back. He had given only one punch; the whole thing was over in a minute or two. He had never seen the man before.

After entering a plea of not guilty Carswell was committed to the Supreme Court for trial.