SCUFFLE IN A BILLIARD SALOON.

Auckland Star, Volume XXXVI, Issue 44, 21 February 1905, Page 2

SCUFFLE IN A BILLIARD SALOON.

SAILOR CHARGED WITH MANSLAUGHTER. - ■ Judge Edwards and a jury,, at the Auckland. Supreme Court last evening, began the trial of the seaman VictorOlliver. on a charge of manslaughter in connection with the death of Alfred Mace.

Prisoner pleaded not guilty,

The Crown Prosecutor (Hon. J- A To!e) conducted the case, and Mr J Alexander defended the accused.

Joseph Ryan, formerly proprietor of the Waitemata Billiard Saloon.- gave evidence that the deceased walked into the saloon and struck Olliver. In a scuffle which followed both thp njen fell, over a corner of the billiard table, and as Mace did not rise witness and others lifted him up and sat him on a ebair. . Olliver meanwhile was taken to a side-room to bathe a cut on his face. Mace was subsequently ta-ken to his home, where witness also boarded. Witness helped to undress him, for he was very bad. In the early morning following Iherp was a gurgling noise in the sick man's throat, ami >vitnese went for a doctor. Deceased died befbre the doctor arrived.

. The Mlliajrdmarker named . Hcwson said hp had been playing a game oi pool with Olliver, and when the game was finished a dispute arose between Olliver and witness over a\ sixpence. Evan told Olliver to* pay up. After a. sc-ufSo between Olliver and Ryan, Olliver also struck "the witness, a.nd Mace then inteqiosed, saying "Don't you hit him.' The fight was then between Olliver and Mace. Mace, who -was probably the stronger of the two, was finally thrown and stunned.

James McNeil gave very similar cvi dence.

Malcolm innes Finlayson described £Ec fights, and said that in the last bout the deceased was retreating.

Pieire Franchi, an oyster saloon keeper, said the prisoner came into his saloon late on the night of the quarrel and said that he had killed Mace.

X>r. Porter gave evidence that death was caused by a blood clot on the brain, due. to a blow rupturing an artery already diseased.

His Honor, in summing up, pointed out that the final fight was provoked by the prisoner, who was forced against the billiard table and pummelled by the deceased. In bis effort to escape from this position he threw Mace to the ground. Under these circumstances the blame lay upon the prisoner. But it was one of those cases iv which the. punishirrent would be light, and indeed he would be glad in this case if the hvw gave the jury the power to fix the punishment as well as the guilt.

The jury retired to consider their verdict.