AFTER AN ALTERCATION.

Auckland Star, Volume 55, Issue 12, 15 January 1924, Page 11

AFTER AN ALTERCATION.

MANSUUGHTER CHARGE. LEE FO-N9 NOT GUILTY. Arising out of the altercation in Wellesley Street on Saturday night, and the death of a seafaring man named James White, a charge of manslaughter was preferred against James Lee, 59. in the Police Court yesterday afternoon. He was alternatively charged with having assaulted White. The resumed inquest was taken at the same time as the hearing of the serious charge. Sergeant Howell appeared for the police and Mr. J. J. Sullivan for the accused. William O'Donnell. a motor driver, residing at Parnell, said that he was in Wellesley Street at about C.15 p.m. When passing Fuller's Opera House he saw accused strike another man, who fell, the latter's head striking a step outside the United Service Hotel. It was a stone step. Witness went over and assisted the fallen man to sit on a window sill. There was only one blow struck. A mechanic named Reginald Wiseman, who also saw deceased and accused on the footpath, said that accused struck White. He could not say where the blow landed. Deceased fell, and accused walked away, but returned as White was being picked up. Accused then walked away again and witness followed him down the. roati and gave him in charge. To Mr. Sullivan: Immediately before the blow was struck witness was sideface on to the two men. He did not notice, whether deceased was in a lighting attitude when Ihe blow was struckConstable Donnelly gave evidence as to the arrest of accused. He took both White and Lee in a car to the Police Station. Deceased groaned as he was being removed from the car, and was laid down in the waiting room. Dr. Tewsley arrived a few minutes afterwards. Witness said to accused as he arrested him: "Why did you hit that man" Lee replied: "He called mc a —. What would any man do':" Witness added that the accused was sober. In dismissing the charge of manslaughter, the magistrate said that the blow delivered by Lee could not have been a hard one as there were no serious abrasions. The evidence of Dr. Murray, who made the pos'-morten examination on the. body of deceased showed the arteries were diseased, and in a. bad condition. Death might, have occurred when White became excited. However in the present case there was very little to connect the dislocation of one of the arteries, which had burst, with the blow. There was not any great disparagement in the size of the two men concerned, and he was satisfied that no violence was used. Manslaughter implied the use of excessive force, undue _, violence, or a weapon. Deceased's arteries were so brittle that death might . I have been the result of excitement. The charge was therefore dismissed. Accused was immediately found guilty of assault and fined £2. As coroner, Mr. Poynton then returned the following verdict":—"That death waa due to a rupture of the artery at the base of the skull. This might have been caused cither by excitement during a quarrel with James Lee or by a fall after a blow from James Lee. The blow was delivered by James Lee under provocation, and not with the intention ot causing grievous bodily harm to deceased"