MURDER CHARGE

Press, Volume LIV, Issue 16253, 2 July 1918, Page 7

MURDER CHARGE

SEQUEL TO STREET FRACAS. DEATH OF T. E. BRUCE. Arising out of the death in the Hospital on Saturday night of Thomas Edward Bruce, James Charles Thomson appeared in the Magistrate's Court before Mr T. A. B. Jiailey, S.M., yesterday morning, charged that, on June 29th, 1918, he did cause the death of one Thomas Edward .Bruce, thereby committing the crime of murder. The accused is 2S years of r-jre, and a mar-' ried man with five children. Sub-Inspector Mullany replied for a remand until Friday. Mr 0. T. J. Alpers, who appeared for the accused, said that he had gone into the matter fully with tlio subinspector, and ho thought tliat the charge should have been reduced to one of manslaughter. Ho would therefore ask for bail, as Thomson had five children to feed. Sub-Inspector Mullany said that bail could hardly be granted, until after the inquest at least, when the charge would be reduced, if the circumstances warranted it. ' The Magistrate decided to defor *ii» consideration of the reduction of the charge until after the inquest. A remand until 10.30 a.m. to-day was granted. INQUEST ON THE VICTIM.

1 An enquiry was held at the Courts house yesterday, before Mr T. A. B. - Bailey, District Coroner, into the cir- ! cunlstances surrounding the death of Thomas Edward Bruce, who died in the i Hospital at 11 p.m. on Saturday, as a . result of an injury alleged to have been i received in a street brawl. Mr Otley (for Mr Alpers) appeared • for James Charles Thomson, wan had ; had a charge preferred :>gainst him in i connexion with the matter at the Magistrate's Court in the forenoon. Arthur Andrew Seymour, painter, 512 St Asaph street, said that on Saturday last, about 4.35 p.m., he was at the corner of the street near the Prince of Wales Hotel. About eight men were stand-, ing at the private entrance to the hotel. He did not know any of theia. He had a friend with him at ihe time, and his friend pointed out Thomson to him, and said he was a boxing man. The deceased camo out of the hotel door, and apparently some words passed. A man struck deceased three times. The deceased fell on the path. The witness said ho would not care to identify the man who struck tho blows, as it was not light enough in the Court. The deceased did not strike nny blows. The injured man was carried into the hotel by some men. He appeared to be unconscious when he \va i removed to the Hospital. Witness thought that in daylight he-could identify tile man who struck the blow. Dr. A. H. Pearson said deceased died nt 11 p.m. on Saturday. He made a post mortem examination. The body showed bruising in the left orbit, and slight abrasions on the right hand and right knee. There was extensive bleeding in the scalp • tissues, and on the surface of the scalp, most marked on the left side. There was mi exten J sivo fracture of the skull -jj) the left sjde, extending forwards from the parietal bone to the frontal hope, and across the base of tho skull just above tho left orbit. The fracture was most marked at the posterior part of the skull. There was extensive bleeding on the Burface and beneath the brain membrane. The brain was healthy. The cause of death wa.B t haemorrhage, duq to fracture of the skull. To Sub-Inspector Mullany: The injuries wore consistent with a fall on a hard substance. He thought the back of the skull must have struck the hard substance. Annie Moody, a married woman residing at 267 Moorhouse avenue, said that on Saturday evening a little before five o'clock she was walking down Colombo street, and passing St. Asaph street she glanced up it. She saw a knot of men near the Prince of Wales Hotel. She noticed two men, one with a slouch- hat and one with a cap. The former hit the latter one blow, which she thought sufficient to kill him without falling on the footpathNo one went to the fallen mfift's assistance, all the men disappearing into : the hotel. Witness wen£ up to him, and then another lady arrived, and sub- i sequcntly a newspaper runner. Wit- 1

ness waited until some one was brought out of the hotel. The injured man •was picked up and taken into the hotel unconscious.

Witness said she could not swear to the man who struck the blow. She jiiight bp able to if h§ was dressed the same, with s}ouch hat.

Neil McDonald, painter, 62 Harper street, Sydenham, who was with the witness Seymopr, said he saw four or five men standing near the door of the Prince of Wales Hotel. Hp thought he knew one of the men, named Jim Thomson. He saw him in Court. The knot of men all appeared to be talking quietly, when one struck another. The man that struck the first blow had a cap on. He seemed to do all the hitting. So far as witness knew, it was Thomson who struck the blows. The pian \>ho was struck fell on the footpath. All the men then dived into the hotel. Witness, Seymour, and a paper runner named Atkinson earned deceased into the hotel with tho assistance of some other persons. So far as witness could see, the deceased did not strike back at any time, but

raised his open hand defensively. Constable Swan deposed that ho had gone to the hotel and found deceased on tho dining-room floor. He iyas unconscious, and witness had him removed to the Hospital. When \Vitncss saw deceased first lie was bleeding at the mouth.

Constable Lambert said he, with Constable Swan, ax-rested James Charles Thomson at 11.15 a.m. on Sunday. Witness told him that a man named Brucc had been knocked down, and that he (Thomson) was said to have done it. Thomson denied having done it; stating that he did not know anyone nam-o-i Bruce. He admitted having been at the hotel, and then admitted having hit Bruce. Witness warned Thomson that Bruce had sinco died. Thomson said: "I had provocation. Thero were a few words spoken in the hotel, and I went outside. The man followed, mid called me a . I hit him light-

ly, and to|d him to go awqy. He would not, and I said 'Haven't you had enough?' Ho said, 'No, you are a .' I hit hint again, and he fell. I didn't think the man was badly hurt, so I left. It was the ground that had done the damage. I did not know the man, and so far as I know I had never seen him before." Thomson said the man had put up his hand, but he did not think he hit hipi. Witness then arrested Thomson.-

A verdict was returned that deceased had died as the result of haemorrhage of the brain, due to a fracture of the skull, which was the result of a fall

on the footpath as the result of a blow or blows struck on the deceased by James Charles Thomson, outside the

Prince of Wales Hotel