MURDER ALLEGED.

Star (Christchurch), Issue 11756, 21 July 1916, Page 5

MURDER ALLEGED.

THE CASHEL STREET TRAGEDY. MICHAEL CAREY COMMITTED FOR TRIAL Michael Carey, wearing the uniform of the Sixteenth Reinforcements, was placed in the dock to-day before Mr W. W. Tanner, J.P., and Mr H. Quano, J.P. and was charged that at Ghristchurch on July 16 ho had murdered Frederick William Allen. As in all iudictablo cases, the accused was not called on to plead before the evidenco was taken. Mr Cassidy appoared for the accused. Dr Scott, 1 superintendent at tho Christchurch Hospital, said that Allen was quite unconscious when admittod to tho Hospital, bleeding from both ears, and with a bruise under tho right jaw. He died at fifty minutes alter midnight. Dr Pearson said that a post-mortem examination disclosed a fracture at tho base of tho skull, and a blood clot under the membrane covering tho brain, and also blood on the convolutions of the brain. There- was also a large extravasation of blood in the tissues over the bone behind the right ear. Ho also found blood in the tissues of the right jaw. Tho body was otherwise healthy. The injury to the skull was consistent with a fall, and the marks under tho jaw wero consistent with a blow. To Mr Cassidy: Death was due to hemorrhage, following on fracture of the skull. Dr Westenra, who had been present at the post-mortem examination, gave similar evidenco. George Christopher Guthrie, driver for Strange and Co., residing at Duke Street, said that ho knew Allen by sight. Ho had not seen Carey before the night on Saturday, July 15. On that evening, at about 5.30, he was going along Cash-el Street from Colombo Street to High Street, and saw Allen under Halienstoin's verandah. He first saw Carey when ho rushed at Allen and struck,him three times about the face. Allen stepped back and Carey followed him up and gave him a fourth blow, which seemed to catch him on the point of the chin, lifting him off his feet, and off the footpath on to the roadway, where he fell backwards. He was picked up by bystanders and laid on tho foot- ( path until the ambulance came. He' was twelve or fifteen yards away from the two men when the blows were struck, and had a clear view. The only words he heard wero Carey .calling Allen "a shirker," and saying that he ought to be at the front. Allen made no attempt to defend himself, and after being ©truck the first throe blows seemed to stagger backwards. A few seconds elapsed before the fourth blow. Ho saw Carey arrested.

To Mr Cassidy: He had come out of Dennis's fish shop. He was on the footpath. He did not know what had taken place before the blow was struck. Ho noticed three or four men umdoi flallenstein's verandah, close to the CV.fo do Paris Hotel. Frederick George Chinnery, cab proprietor, said that ho was on the Caahel Street cab rank, closo to Haltenstein's, when the affair took place. Be had known Allen for about twentyfive years and had been talking to him for fifteen minutes before the occurrence. He left to go to a lavatory in the? hotel right-of-way. His attention wao attracted by a man named Jones ; and on • looking round ho saw Carey in a fighting attitude at the post by the hotel right-of-way. He struck at Allen three or four times. Allen had his hands in his pockets and his pipe in his mouth, and backed away toward* the eastern post, nearest the cab rank, where ho received the last blow, falling back on to his head. He seemed to be unconscious from the moment he xvns struck, to judge by tho way in which he fell. His feet remained on the footpath. He assisted to pick him up and found that he was bleeding freely from the 'bad; of the head. A. plain-clothes constable had seized Carey at the moment lie was r.track. Allen was a quiet, inoffcusive man. ; The question was objected to by Mi Cassidy and waived by the police. The witness added that Allen was perfectly sober. "All cabmen and their friends usually are," said Mr Cassidy. In cross-examination tho witness said that ho was the only cabman on the stand. His horse was facing east. There was a telephone box near at band. He was on the ground alongside tho cab, about six paces from where the last blow was struck.

John Allen, labourer, lesidiug at 121, Madras Street, said that the deceased was his brother. Ho saw him at 3 p.m. on the Saturday, when ho was m his usual health. " Do you know whether ho had enlisted? 5 ' asked this Sub-Inspector. " I object to that question," said Mr Cassidy. "It is an attempt to evoke some prejudice or sentiment, which s very ill placed in a trial of this kind. Tt does not matter whether a man is Liberal or Conservative, or has enlisted or not.'' The Sub-Inspector said that it would bo given in evidence that Allen had been called a shirker.. The Bench allowed _ tho question, agreeing to note the objection. Tlie witness replied that his brother had enlisted. Constable Straff on said, that he was in plain clothes and passed the two men, who were arguing. He had passed about thirty yards when ho heard Carey say, "You are a • shirker- von ovclit to be at the front. Allen said nothing but walked away about five yards. Carey overtook him. and struck him three times on the face, with his clenched fist. Allen made no resistance, and backed off with his hands in his pockets and his pipe in his mouth. He was just about to arrest Carey, when he struck Allen a fourth blow, which knocked him on to the read , To Mr Cassidy: 'lhero might have been three or four men in front of the hotel. The assault took place at the corner of Hnllemtein's buildings. , Christopher Wilson Brownlie, a clerk ftt Lvttelton, said that he saw two or three men in plain clothes with Caro\" under the verandah. He had identified Allen's body as that of tho man that he had seen with Carey. He was standing somewhere about Wallace's shop when he saw Corey strike Allen thr?e t.mea, and ther. a fourth time, knocking him on to the road. Ho told a constable, and at tho same time a tram conductor fame over, and they all wont over to where Allen was lying. Arthur Bull, tram conductor, and Frank Phillip-, dry cleaner, gave corroborative evidence. Sub-Insp-ctor Mullanv save evidence that on July 10 he charged Carov with murder, and he made no reply, but a few minutes later, in tho call, he said, •'But can I bo charged with murder ?'' This closed the case for the prosecution. \v. answer to the customary caution, Mr Cassidv stated that although tho case was bound to zo to tha Suorem« Court, the circumstances were obvious\v puch as did not involve an ordineirv cha. z& of murder, and obviously the ens.? would be one of manslaughter There, was an entire absence of premeitit.itiou. Beth men wero strancers, and there had been a kind of quarr-d. tho details of which would bo investigate!, lie asked tin- Jiem-h to reduce tho to manslaughter, which would enable the accused to jret bail and see bis friends and obtain what evidence ho could. The Bench, after a conference,, de-