ALLEGED ASSAULT

Waikato Times, Volume 122, Issue 20409, 28 January 1938, Page 8

ALLEGED ASSAULT

CONSTABLE'S DEATH POLICE STATION INCIDENT ACCUSED SENT FOR TRIAL (By Telegraph.—Press Association) DUNEDIN, Thursday Lengthy evidence in the case in which John Edward McElroy was charged with unlawfully killing Constable James Butler and thereby committing manslaughter was heard by Mr H. W. Bundle, S.M. in the police Court to-day. Accused, who pleaded not guilty, was committed to the Supreme Court for trial. Mr F. B. Adams conducted the case for the prosecution and Mr O. _ G. Stevens appeared for accused. An inquest into Butler's death was held concurrently with the criminal proceedings and at the conclusion of the hearing was adjourned sine die. Ur. E. R. Harty, police surgeon, said that on December 26 Constable Butler came to his rooms and complained of a pain in the back and to the right of his chest. Nothing was visible externally. Butler said he had been kicked by a prisoner the previous night. Clot of Blood Witness said he attended a postmortem examination conducted by Dr. E. F. D'Ath and at the spot where Butler had complained of pain there was a deep bruising of the lower ribs. The pain had been caused by clots of blood coming from the femural vein in the right leg, where there was an old blood clot about two to three nches long. The cause of death w-as pulmonary embolism w'hieh vvas connected with thj clots in the leg. John Weldemar Anderson, an employee of the Post and Telegraph Department, said that on the afternoon of December 25 he met accused. When they were having a drink a dispute arose while witness was standing with his back to the door. Another man called out a warning and witness saw accused coming toward him with an empty beer bottle in his hand. Witness hit him and he fell on the floor. Accused then left, saying that he was going to call the police. Constable W. A. Bird said he was in the watch-house at 5.30 p.m. on December 25. Accused, who was under the influence of liquor and was bleeding from the mouth, walked in and told Constable Butler, who was on duty, that he had been assaulted. He admitted he had been drinking, and was* told to go away and come back when sober. Became Violent Accused returned at 6.30 still under the influence of liquor, continued witness. He told him to go away, but he refused and was arrested for drunkenness. "When he was taken into the watch-house he became very violent, kicking and using his fists, and obscene language. He continued to kick, and Constable Butler secured both of his legs. Accused then managed to free his legs and kicked Constable Butler twice in the small of the back. Witness did not see Constable Butler kicked elsewhere. Constable J. A. Marshall said he saw accused kick Constable Butler repeatedly in the back. sergeant W. J. Irwin said that when he saw accused in the cell he appeared to be mad drunk and almost on the verge of delirium tremens. The magistrate held that a prima facie case had been established.