SUPREME COURT.

Press, Volume L, Issue 14976, 25 May 1914, Page 2

SUPREME COURT.

ALLEGED MANSLAUGHTER.

In the Supremo Court on Saturday, aft-cr th© Customs case had been disposed of, the hearing of tho charge of manslaughter against Ale*-. Thomson was proceeded with before his Honour Mr Justice Denniston. Alexander Thomson, for whom Mr J. A. Cassidv appeared, pleaded not guilty to a charge of manslaughter against Hannah Thomson on February 20th, 1914. Mr P. S. K. Macassey appeared for the Crown. OPENING ADDRESS.

Mr Macassey said that accused was charged on two counts. Tho first was '■'•at ho struck his mother and knocked __r down, and so caused her death. Tho second was that he struck his mother, and was so guilty of common assault. Mrs Thomson, who was living apart from her husband under a separation order, resided in Durham street with a man named Baxter, accused and two other children. On the evening of the day of the assault thero was some disagreement between accused and Baxter. Baxter alleged that accused struck him, and afterwards struck his mother, who fell upon the fender, on which a sharp part penetrated a varicose vein, and caused the woman to bleed to death. Baxter wa6 the chief witness lor the Crown, but was seriously ill in tho Hospital, so that his depositions would be put in.

BAXTER'S STATEMENT. Baxter in his evidence said that he had res.aed with Mrs 'lhomsbn for two years and a half, and had been at 329 Durham street for about a month previous to tbe occuiien-e. Ho had beeti the main support of the household lor some time. A Uisputo arose over a pair of laces, and accused came downstairs to the dining room and said he wouid buy a pair of laces. At tea time accused ut-ed bad language and knocked wit-

ness down, and then kno ked down his mother. Accused was slightly inebriated at the lime. In the yard outside accused knocked his mocner down again, and witness noticed a stream of blood flowing down her leg. Ho (witness) went lor a doctor, but could not get one. "In fairness to accused," said Mr Macassey, "I think it is only right to say that this account seems to be somewhat exaggerated. "When tho police arrived considerable traces of blood were found abut the house. Accuse! made a statement to {he police which stated that -Baxter tried to dominate accused, and had struck at him. In exchanging blows, the mother stepped in and received a blow which was intended for Baxter." MEDICAL EVIDENCE.

Dr. Chas. H. Newton said that at 7.30 on tlie day in question he went to the house in response to a telephone message. Blood was visible on the footpath and doorstep. Mrs Thomson was in the scullery, lying apparently dead oh the floor. Life could just bo

detfie'od. and she died within a minute of his entering tho room. She was carried into a bed oom, and he communicated with the police on his return home. Ho did not examine t'lo doceased to ascertain her injuries. Baxtpr and Thomson were there. Baxter said to Thomson "You killed her," or something to that effect. Thomson did nob reply at once, but said to witness that there had been a dispute oyer some boot laces, and in a scuffle that ensue! he (Thomson) was chasing his mother round a table when he pushed it towards her, and struck her in the groin. No marks were found upon the head or face of deceased. Cross-examined by Mr Cassidv, witness said he could not record the exact words of accused. Witness said a varicose vein presupposed an unhealthy wall of the vein, and there were cases of its bursting without violence. Dr. T. L. Crooke said that on examining the deceased at 8 p.m. he found a runtured varicose vein, and the underclothing saturated with blood. There was a slight bruise upon the right cheek. OTHER EVIDENCE

Senior-Sergeant Mathieson gave evidence as to" the discovery and appearance of the body. Alfred Ernest Baxter, chemist, Durham . street, gave evidence as to accused cominsr. to*his shop to ask him to stop tho bleeding of a varicose vein.

THE CASE FOR THE DEFENCE. Alex. Thomson, 6worn, said that he heard his mother and Baxter having heated words about a pair of bootlaces. He came downstairs, and asked Baxter what he was growling about. Baxter replied*. "What's it got to do with you?" Witness said: "It's got a lot to do **ith mc. • I took your bootlaces," and offered to buy him a pair. His mother said: "What's the good of kicki-is* up such a fuss about a pair of laces ?" Baxter said he had had too much much of accused's cheek, and made a blow at him, but missed him. Ac-

cused struck at Baxter, hut. hit a chair and skinned his knuckles. Baxter struck accused in the chest, and ac-

cused then knocked Baxter down. A 6cuffle followed; in which his mother was knocked down when coming between tho two. He later saw his mother in the backyard and in the bathroom, and then went for a doctor. It was" not true that he,knocked his mother down two or three times.

Nellie Thomson and "Willie Thomson also gave evidence.

Detective Hunt gave official evidence. After counsel had addressed the jury, his Honour summed up.

Tho jury retired at "0.35 p.m.. but returned almost immediately with a verdict of not guilty.

Accused was discharged. The Court then adjourned till 11 a.m ;o-day.