CHARGE OF MURDER.

Dominion, Volume 3, Issue 869, 15 July 1910, Page 5

CHARGE OF MURDER.

ROW AT A PUBLIC BAR. MtOICAL AND OTHER EVIDENCE. ACCUSED COMMITTED FOE TRIAL. (By Telegrapi.—Press Association.) Auckland, July 11. As a. sequel to the violent death of the man John Mason Price in tho public bur of tho Waitemata Hotel on the afternoon" of July 1, Charles Tucker appeared ■in lho Police Court to-day charged with murder. ■Dr. Milsoin said that he was called in to attend the deceased ou the cvmiiug of July 1, but when he saw hiin he was dead. He noticed a swelling on the right side of the nock, near the angle of -the jaw, apparently caused by bleeding in tlin nook. On tho surface of Hie swelling was nil old scar. Subsequently witness made a post-mortem examination of the •deceased. Ho then discovered that at tha base of the brain there was diffused a .considerable amount of blood, which apparently came from the opening of the spinal column. The swelling in the neck consisted of a recent blood clot, uiid Hi this he discovered a fragment of bone which was broken off the horizontal, portion of the first piece of tliß spinal column, Tho artery running through this portion of the vertebrae column was ruptured, aud it was the consequent haemorrhage ou to tho brain which caused death. Tile fracture of this bone must liavu been caused by direct violence from the front. This bone was protected by tho jaw-bone, so that it would, have been impossiblo for a man to strike the blow which caused death from the front. The blow could have been struck by a person to the roar of the deceased. Witness could not say how soon after the rupluro of the artery death would ensue, but thought it would be a matter of minutes only. An injury such us that suffered by the deceased 1 might cause practically instantaneous death. The:injury could not have been caused by a I'all on to the floor. Assuming that the blow causing the injury was struck with Lhe li3t, it must have been of considerable violence. The impact must lmvo been made with the knuckles, and the blow must have been- Kit with the ri£ht iiriij by a man to the rear of the deceased; also deceased must have had his head turned, to his left to exposo tlie bone. The examination disclosed nothing to indicate that the deceased had been drinking to excess. ■ James Edward O'Sliaughnessy, barman, stated that on July 1 he was in charge of the jjublio bnr of the Waitemata Hotel during the afternoon. Witness knew the deceased man Price, and remembered his coming into the bar at about 4.30. He was accompanied by a fiicnd, with whom he had two drinks. Some minutes afterwards deceased called witness over, and told him that another man Hurley had called him a beer cadger. Witness told him that the drinks had been paid for, and Price , turned to Hurley and asked hint to withdraw his words. Hiirley refused, and Price said: "If you don't, I'll wipe the floor with yon/' Hurley still refused, and eventually Price attacked Hurley and punched him three or four times. Hurley stepped back and tried to gtiard his fiiee. When Price was in the act of striking another blow, Tucker stepped rapidly towards Price, and behind him, and hit Price with his right' fist on tlio right side of the head or neck, saying at the time: "Have one yourself." - Price fell almost immediately. He made an effort to rise, but before he got up Tucker 6truck.him another blow on the same part of the head. Price fell on his back and did not move afterwards. llichard Collins, assistant barman at the Waitemata Hotel, . corroborated the' evidence of the witness O'Shaughnessy. Simon King, bushman, said "that lie was in Tucker's company in tho bar immediately before Price was killed. They were having a drink, when an argument started at the other end of the counter. The two concerned were not fighting. Presently Tucker said: "My mate's in a row," and made to go over to him. Witness said: "Don't interfere with him," and grabbed him by the coat; but Tucker paid no lieed to him, and rushed over. Witness saw Tucker hit a man who was standing "sideways on" to him. A crowd rushed round the men then, and he did not see any more of the affair. Other evidence of a like nature having been tendered, accused, who reserved his defence, was committed for trial.