LAW REPORTS.

Dominion, Volume 7, Issue 2148, 14 May 1914, Page 8

LAW REPORTS.

SUPREME COURT. '-' ; . '.' :■'.- s ■ ' ■, FATAL MOLESWORTH STREET FIGHT v , , e .. ■ ■/.y-■'-'." I: GREAT PROVOCATION. :" >■■■: ' 3 JURY ACQUIT THE MAX CHARGED, r . ;.. . I At tlie criminal sessions of-the Snoromo Court'yesterday inornins:, before His Honour .Air. Justice Hosbijia, John ' J iVlfred Tucker; a wntorsidc-wor.kpr, stood iiis trial on a charge of man- } slaughter. Tho charge was (.list on -i February ,14, 1914, he struck and killed ( sue Harry Gallagher, a trimmer off e.s. i Makarini. Mr. 11. 11. Ostler ' prose- ' rated for the. Crown, and Mr. T. M. W ilford appeared for accused, who ' pleaded not guilty. i The Manslaughter Point. ! Outlining the case for tire Crown. Mr.' ' Ostler said that on Saturday, February i 14, deceased, with several ' shipmates, < went to tho Wellington Hotol, in Jlolnfi- j Worth Street, where they had drinks. "\\ liilc they were there'an argument ' bprung up between a man known as ' "Charlie" and accused 'Hie former made use of a certain word. . and deceased ' heard this, and, apparently, thought that it referred to him, for ho askfd fucker if ho had used the word to him. | According to one. witness, Tucker replied that if tho word fitted it could I npply to him, or something to that effect, while other witnesses said that Tucker tried t<3 get away, to avoid j trouhle. Gallagher struck accused iu : . ! the bar, hut Tucker mnde no attempt ! to strike back. Had ho done, so then, J and inadvertently killed Gallagher," he ' would have committed no offence, for ' tho law allowed a man to strike back in self-defence. Tucker, however, did not strike back then,, and OalUgho'r was turned out of tho bar. His friends apparently tried to persuade "him to afi ' away, hut ho went hack and called to Tucker to come ovitskk. Tucker did so, and Gallagher "took off his coat, shaped up, struck Tucker, and Tucker stllick hack, hitting deceased somewhere in the vicinity of tho neck. GaJlaghor staggered back like a drunken man, and fell heavily, striking his head on the road. Hβ never rose attain. "If,"- continued Mr. Ostler. "wheirGallagher put his head in at the bar door. Tucker went out with tho intention, of fighting, then he did an illegal art, and, the result being the death'of the man Gallagher, he is guilty of the crime of manslaughter. Mavbo yon can tal?o a different view of the evidence. Notwithstanding that he was challenged to fight, he perhaps went out of the hotel with the intention of goinu; home, mid without the intention of fighting." A Broken Heck. Medical evidence was first called, Dr. C. D. Henry deposing that on Icuniaiy 14 he was called to aU-euu deceased, who was lying ouvsicje ilw Hotel. His nuck showed signs of Having been broken. / ■I'lie depositions of Dr. Fyfi'e wore read, They were U> tho effect that a post-mortem examination had disclosed tliat deceased liad met his death as Vlie result of a broken seek. ' Wm. Barrett, who had been a seaman on the Makarini, on tfebrunry 14, and α-shipmato with deceased said that on the afternoon in question t'iiey visited the ■\VoilingtoirHffSei. Tucker was there, and an argument ensued between him and a man named "Charlie," as to who had been round the world the greater number of times. A certain ivoixl was used by "Charlie," and Tucker asked whether '-'Charlie' , had used it to him. Gallagher, who had also heard the word, asked Tucker whether it applied to him, and accused replied; "If the cap iits, you can wear it." (jallisgiier thereupon struck Tucker. Tucker did net strike back, and Gallagher was put out of tho bar. Ho was not drunk, hut had been drinking. After Gallagher was put out ho came back, aad was again ejected. Ho came back a third time, and called accused out. Accused wont out a. few minutes afterwards. 'Witness -did not see what happened afterwards. Cline. Sullivan, fireman, from the Makarirli, stated that niter Gallagher had been turned out. of tho hotel tho second time, witness and two others tried to got him away te the ship. Ho was determined to go back, however, and he went to the hotel door and called Tucker. Tucker came out, and Gallagher put up his hands to light. Tucker walked towards iiim, and Gallagher struck him on the face, Tucker then that probation should be granted, on the left, cheek bone. Gallagher fell very heavily, and his head hit the ground. He never rose. They carried him to tho footpath, and the doctor and' the police were called. . Jlr. Ostler: How ntany blows were struck in the street?—" Three blows. Gallagher struck two before Tucker retaliated." To Mr. Wilford: It was impossible to stop Gallagher from going hack to tho hotel. Hβ said thai ho was "Going to get the out, and have it out," Charles Henry Scott, another of Gallagher's shipmates, told a somewhat similar story. Deceased visa Quarrelsome. To Mr. Wilford: Deceased was a man of a rather quarrelsome disposition. John Crcele. generally kuowu hy the name of "Clia'rlie," said that he was in the" bar of the Wellington Hotel qb February 14, and described the altercation. Mr. Wilford: Did not yon call Tur|je"r a ?—-'Not to my knowledge." Is not it a usual word of yours?— "No." Did not Dr. M , Arthur give you three months' for' obscene language the first time that you appeared before "him, and did he not also say that it was. the most filthy .language- that had ever heard in a public street?—" Yes." • Did not you start alt this trouble by calling Tucker a — •-?—" I .do not remember all this." Are you not tho cause of getting tins man hi to this trouble?—" No." Henry Wood, barman at '.he Welling, ton Hotel, said that deceased came up to accused, in a lentil;; way in the l:ar, and struck him. Wmicjs had '.ldeM-.d everyone out of the bar. Mr. Ostlor: The '.vlnU 2 r j cv t'wiu?"Ycs, sir.' . And did they go out?— Ills Honour: It was a case of f'ilinp out at one door and in at another?— "Yes." Witness added tlmfc when Gallaghe; was ordered out ho put his head i\\ an>. called out to TnoUer:. "If you wan anything you can eon-ie outside and go it." Sergeant Lewin drsmbrcl ihr> arrest Tucker hod cntnp-laincu) that ho ha< bpen struck in tho mouth, and also sail that lie was perfectly j\isvifiwl in re taiiating in self-defence. For the Defence, This concluded "the case , for th Crown, and Mr. Wilford called evi denro for tho dofenco. Andrew Jlartiu, barman at tho We; lingtou Hotol, said 1 hat Tucker was a orderly, well-behaved man, who -fri c|uonUv'eame lo the Iwr. On the aftci neon of the fatality Cicp.le was in- til bar, and made, au offensive ri>mark i the licensed. Cicrln was "bmcging about bavins travelled a lot. An nrgi incut, nnsuod and sis trouble was hreii ing witness went, round'the bnr an asked Cicele and the- fironi.cn who \vp< present to leave, This they did. Aftt .a time Gallagher cape in again an

rushed ; nt Tucker-.from behind, -'aiul ' struck him on -the face.. They woro ordered out.;' ltoth- . Curio ."'siiid Gallagher had I>l;ph'aggressive "in'tin , liar; , . Other -ivitn«ss'ps ,, ''n , ei , p called ami all ( staled that Gallagher traik up ■.•in ajzicrossive'atlitiult,, and wauled to light. Tucker did not retaliate- mitil he bud bi'cii struck spvernl-timt'-s.. Evidence of ])risniicr ! s good ..character w.'ts also I'alled, and "I'lickorHvciit 'into U)e .witm'ss- f box. His gl(>ry r WKs along tha lines of „ that'of other wivsipjses foi tho (iefence. Mr, Wilford atldiessod tho jui'v-, hut ■( 31 r. '.Ostler rpfrained from doing: so. i< After r His , Honour, had -summed up 'i tbo 'jury , retired for three minutes, and y rotuniMl with a verdict o! ! not guilty, j The accused was discharged. ■,:".;.■■•■•,..■;. ■ J