DEATH OF J. FINLAY.

Ashburton Guardian, Volume XXXVI, Issue 3571, 4 October 1916, Page 4

DEATH OF J. FINLAY.

THE CORONERS FINDING

CHARGE OF MANSLAUGHTER

(Per Press Association;.

.CJIHrSTCTIUKCII, October 4. The adjourned enquiry into the cir- - cuinstrtuccK surrounding Dip death or' - John Finlay, who died in the Christ- - church 110.-ipital on Saturday morning, was continued at the Christchnrcn .__ Courthouse yesterday, before the Coroner, Mr 11.* W. Bishop. Charles Nelson Foster, a^ stock and ' station agent, residing; at Wills Sweet, 1 . Ashburtou, said he remembered. Wednesday, September 27. Jio.tween-8 and " 9 .p.m. he wo*nt into the Cafe do Paris, accompanied hy John Lillico, 'an-anc--tionccr. On entering tho bar,he saw about a dozen persons present. Of them ho knew Charles Graham, William MeMeeken (buyer for the Christ- -. church Meal Company), and William . Conway (fanner). lie did not know any others present. Mr Lillico was called sitfay, and witness went to tho ■ bar by himself. JTe moved a jug to , make room for his elbow. . On his right -. hand sitlo Charles Graham was stand- '• ing. Tho",jn 2; touched, Graham> arm,, who turned round in. an abrupt manner,' and said: "Do I owe you any- - thins?" Witness replied: , " You might for all I know.," Graham then struck out at witness with his fist, bui - t witness dodged the blow. Mr Lillico y then said: "I think' "we'll, get , out./' , Witness and Lillico then left, but as thov wore leaving they saw two or " "three men catch hold of Graham. Wit- ' ness saw one man falling as bo was walking out. Witness did not know the eau.se of the man's fall; in fact, bo did not actually see tho man fall. Witness believed the man was caught by .others before he fell. Witness supposed the men* caught hold of Graham", to prevent him from striking witness. He could not say whether Graham was under the influence .of liquor or not. William Black, land agent, said that some argument arose between Graham and "Foster. Graham seemed to want to "go" for Foster,- remarking that Foster had .said that he (Graham) owed him (Foster) something. Foster wen* out of the bar. and witness ' caught > hold of Graham's'arm and stopped him. At this time Finlay (the deceased) then *" came forward, caught hold of Graham'^ arm, and , pulled witnesg awayGraham swung round to strike or pusk Finlay, and Finlay fell over to'an armchair. Witness considered that Graham pushed Finlay and did not strike •■-, a blow. ' '' Roland George Collins, salesman . said he saw Foster come into tho bar., ■ with another man. Fostor stood be- - side Graham, and attracted his atten-tion-by saying "Charlie Graham} oX Timaru.JV Some- words passed between , tho two, Graham finally saying, "Don'fc ! annoy me.'' > Graham caught- hold of '- Foster, and pulled him away from tbe bar. fie pushed Foster, who appeared to fall. Finlay went up to Graham and spoke to him, and also mentioned to Foster to leave the bar. Finlay • hiu}' hold of Graham at tho time, and aw Foster got near the side door Graham made to go after him, and Finlay was Jpulled along with him, • • When' opposite threo arm-chairs in tho bar Graham turned round suddenly and struck Finlay on the left jaw, and Finlay collapsed .backwards into one o£ the chairs. Witness attended to Finlay, who was unconscious. : He and ' another man applied cold water to Finlay's head, and after two or three minutes Finlay was able to walk outside, leaning on witness's arm. They were in the right-of-way for about 15 minutes. Deceased was complaining;/ of dizziness* in the head; and alßo said his jaw was dislocated. A minute or two later Finjay said his jaw had "clicked back into its place again." On the way home Finlay continued te - complain of his head. When opposite Tait's monumental works Finlay reeled I backwards and fell over the edge oi' - j'tho kerb, striking the back of his head ,on the road. Witness picked, Finlay up, and found he was unconscious. Witness was certain ifc was not Finlay's condition through drink that ' caused him to fall, but"" dizziness. Witness said he considered by Graham's talk that he had had some drink. Witness was perfectly sober, and deceased was, sober. Afcter leaving tho Cafe de Paris neither Finlay nor witness entered any other hotel. Senior-Sergeant Mathieson said thai i this was ail the evidence the police would tender at this stage of the pro- , | coed ings. ' ' ' 'The Coroner- said the'medical evidence brought to light tho fact' thai I Finlay had suffered laceration- Qf^'tbe | brain, with hemorrhage inter the" brain.' A verdict was returned "That, the 1 deceased died from laceration of thY ■ brain, enured either by a blow fjtr.uck 'by Charles Graham or from a subse- - , quent fall." Senior-Sergeant ■ 'Mathiesnn then for- ■ 1 mally chars**! Charles Gvyhani (forwhom Mr .Vipers appeared), wHU'.'caus- • 1 ing the death of one John F.inlay, and" thereby committing tho crjmo 'of. manslaughter. • '" ■. The ease was remanded until Friday, October .G, at 11 a.m.. bail being' allowed n^nsed in C2OO. and one surety of £200, or tv.o of -?!00 each.