ALLEGED MURDER

Gisborne Times, Volume LXV, Issue 10303, 12 January 1927, Page 6

ALLEGED MURDER

THE DEATH OF ROBERT CECIL THELWALL. INQUEST AND COURT PROCEEDINGS. McMINN COMMITTED FOR TRIAL. W hen Gvixni Wolseley McJMmn responded to a call on December 28 from Robert Cecil Thehvall he little thought that the result would be a charge against him for the murdei of Thehvall. Yet, such was the case, and yesterday Me-Minn appeared before Mr. E. C. Levvcy, S.M., at the local Magistrate’s Court. In addition to hearing the murder charge, Mr. Levvey, S.M., as District Coroner, held an inquiry into the circumstances surrounding the death ot Thehvall. Accused was represented bv Mr. S. V. Beaufoy, and Inspector Eccles prosecuted. William G. Thehvall said his brother was a single man, 38 years of nC'lu was a builder by trade, but had*"been working at the Patutalu quarry. Witness left home tor town with his brother about 3 p.m. on December 28. At that time his brother was quite sober. Tlis brother was not addicted to drink to any great extent, and witness had never seen him under the influence of liquor. Daniel Murphy, licensee of the Record Reign Hotel, said he had deceased for about three years. He saw him on the hotel premises about two minutes to 6 o’clock on the evening of December 28 and also saw him leave. The man had had a few drinks, but was sober and quite capable of looking after himself. Witness next saw Thelwall about quarter of an hour later, when he was lying in the passage' of the hotel. Accused was sitting on the floor holding The - wall’s head. Dr. Bowie ordered ThelWall’s removal to the hospital. Jn witness’ opinion accused had had a few drinks but knew what he was doing. Witness had known both flic accused and Thelwall. for about two years, when they had appeared quiet and not at all quarrelsome. To Mr. Beaufoy, witness said Ihelwall might have' boon in 'the bar ot the hotel for some time that afternoon without witness noticing him. John Roderick, butcher, employed at the Taruheru Freezing Works, said he had been in the bar of the H poord Reign Hotel from 0.10 p.m. till 6 p.m. During that time he saw Thelwall having a drink about 5.31) and did not see him again till about f> o’clock. Thelwall came out of the front door of the hotel and walked towards the edge of the footpath as it he was looking for a tram. He appeared to lie sober. 'Witness lioaid Thelwall call to MoMinn, who was walking along the other side of the road, and McMinn came over. Kor about a minute they appealed to quarrel. Thelwall struck accused on the face and said “How do you like that!’’ Accused then hacked away, but Thelwall followed him up and struck him two or throe more blows on the face. Accused, up to that point, did not retaliate. Each time Thelwall struck McMinn lie said “How do you like that!” McMinn then hit Thelwall under the chin, and he fell back, striking his head on the footpath. The blow delivered by McMinn was more in the nature of a half-push with no great force. Witness could tell bv the sound of deceased’s head hitting the footpath that it was a case for the doctor, and with the assistance of his mate witness carried him inside and Dr Bowie was sent for. Accused was sobei. Witness had seen Thelwall drunk on previous occasions. Sometimes lie had been quarrelsome. To Mr. Beaufoy, witness said ac-i eused’s nose was bleeding as a result of the blows he received. Witness could not say whether the cause of deceased’s fall was because lie tripped in the ditch. Dr W T A. Bowie said he attended Thelwall about 6.10 on the evening of December 28. and ordered his removal to the Cook Hospital. Thelwall wMs suffering from a fractured skull. The injuries were quite consistentwith the evidence given by witness, Roderick. To Mr Beaufoy, witness said there were no marks on Thelwall’s face to show that he had been struck. McMinn had an abrasion on his nose whicli appeared as if it had been bleeding. It would have taken a fairly substantial blow to cause such

a mark. Keith B. Bridge, house surgeon at Cook Hospital, said Thelwall was admitted to the hospital on the evening of December 28 between 6.30 and 7 o’clock. He was unconscious and had a fractured skull. He was beings prepared for an operation, but died shortly after 7.30 without regaining consciousness. A post mortem examination revealed numerous haemorrhages scattered over the back. The skull was abnormally thin for a male adult and was fractured to the extent of three inches. There was a haemorrhage over the whole brain and marked laceration of both frontal lobes. In witness’ opinion death was due to a fracture of the skull. Thelwall's injuries were consistent with witness Roderick’s story. Stanley W. Rofe said he hail known Thelwall but not the accused. Witness had a long beer with Roderick and Wallace in the Record Reign Hotel about 5.55 on the evening of December 28. The three of them left the hotel at 6 o'clock and stood talking on the footpath. Witness first saw accused and Thelwall when they were fighting. Witness could not say who started the fight. When. he first saw them they were hitting space and he did not sec a blow struck. They' seemed like a couple of children striking aimlessly. Witness next saw Thelwall backing towards the footpath, but did not take much interest in the row, however, and the next thing he saw was .Thelwall lying on the footpath. Witness did not see any blow land on either party, but lie. saw blood on accused’s face. In witness’s opinion both parties had. a few drinks but Thelwall appeared to he less sober than McMinn. Roderick was in a better position to see the fight than witness. To Mr. Beau''ov, witness said McMinn bad endeavored to back away for a start.

To the Magistrate, witness said it appeared to him as if they were just “skv larking.”

Albert Harvey, hairdresser, said ho was cycling home on the ('veiling of December 28. and on passing the -Record Reign Hotel shortly after 6 o’clock saw two men fighting on the footpath. They appeared under the influence of liquor, and though they attempted each other the blows were aimless and did not reach their mark. The smaller man of the two finally rushed the other, hut the larger man retaliated and struck him under the jaw. The smaller man then fell to the pavement. Witness Was certain that The!wall was on the footpath when the final blow was struck. Witness heard the little man sav twice as he struck the big man, “How do you like that!”. Detective McT/ood said that on the morning after Thelwall’s death accus ed came to the station and said he had heard that Thelwall was dead and wanted to tell all he knew about if. He then gave the following statement : . < t pm laborer, and 'reside with my wife and family at the corner .of■riMi’ars Road arid stanlev Road, ■pr'm* fo the* I resided, °t Tr - tahi, where I was burped out . a bpui; r, month n«-o. T knew deceasedfßkd-'-m-f Thelwall. and had Imown- lijm . for •f lic past:six: or- iseye.n. years, arid, had.

always been good friends and had never had « quarrel of any kind. W e were both employed at Nelsons freezing works, TflElAiyvi, and later aE the \V<pas6a"wbrkfl.'*~ December 28, I was in town during, the afternoon and had several drinks. I left the Masonic Hotel about 5.55 p.m. and started to walk home up Gladstone_.Road on the left-hand side. I was under the influence of liquor, hut was not- drunk and was by myself. When opposite the Record Reign Hotel I noticed Robert Thelwall standing near the hotel on the same side and he called out, ‘Garney, come here.’ I crossed over to him and when I got fo him lie gave xne a smack cm the mouth with his open hand, and said, ‘How do you like that?’ He then struck me on the nose with his closed fist and again said ‘How do you like that?’ I then said ‘What is the matter with you Jerry?’ He made no reply and kept on hitting at me. 1 kept trying to avoid him as I had no reason to fight him and could not understand what was the matter with him as we had always been good friends; . “ backed away from him into the road and lie still followed me, hitting at me. As lie still kept on hitting at me I had to defend myself, and I struck at him and hit him on the jaw. He fell backwards on to the footpath, his feet being in the gutter. I at once saw. •’jSv.t he was hurt and with Jack Roderick and James Wallace, who were standing by, picked deceased up and carried him into the Record Reign Hotel. He was unconscious. We laid him down on the floor in the hotel passage and 1 sat down alongside him and rested his head on my knees.' A doctor was sent for, and Dr. Bowie arrived and ordered deceased to hospital, whole he was taken by Jack Roderick and James Wallace in the ambulance. After that ,[ went home. “I cannot say if the deceased was drunk, hut I do not think he would have attacked me in the Way lie did if he were sober owing to he and I having alwavs been such good friends. Although I hit the deceased and knocked him down, it was only to protect myself. On hearing this morning that Thelwall had died. I at once called at the police station to make this statement.”

Continuing, Detective McLeod said accused had an abrasion on the nose. Accused reserved his defence and was committed to the next sitting of the Supreme Court to be held at Gisborne for trial. Bail was allowed in one surety of £2OO or two of £IOO The Coroner returned a verdict in accordance with the medical evidence.