WUPREME COURT

Dominion, Volume 10, Issue 3162, 14 August 1917, Page 9

WUPREME COURT

CHARGE -OF, MANSLAUGHTER

THE.ACCUSED ACQUITTED

Thecrniinal sessions of l.iie Kiipreron uiurl. were- resumed before His Honour Mr. Justico Hoaking yestorday. ■ & Mr. V. I£, Meredith appeared f nl . t ho William Bcynolds, n. returned' soldier wne arraigned on :i charge of committing manslaughter, by striking ono Bertie Parappeared for I.Uo pri'Sonon, . Mr. Meredith made a. statement outlining tho evidence to be called, for the prosecution. It, wou.ld show, lio said, that on May 30 thero was an altercation between Reynolds and Parker outside tho To Aro Hotel. A blow struck-by accused knocked Parker down on flic pavement, and Parker s head received a severe blow Mrs. Parker -would state that as she -was coining -up Willis Street.she saw her husband on tho corner outside the Te Aro Hotel talking to Mr.' and Mrs. Duffy and a soldier named Stevenson. Parier and Stevenson went into tho hotel, and jfrs. Parker started a conversation ivith Mrs. Duffy. Meanwhile; tho accused camo out of the urinal and sppko to tho two -women. Ho made an insulting proposal to them, and also oltercd money. Mrs. Parker, resenting tho suggestion, hit tho aixni-cd twico in tho face., Shortly after, Parker camo out, and,, after - some littlo discussion, proceeded to walk up the street -with M-3 -wife. Accused, who was probably somewhat affectedby liquor, followed them, and interposed between them. Parker turned round and expostulated, and R«ynolds hit him, knocking him down. Parker -was not at that time rendered unconscious, hut ho was thrown into a. dazed condition: Mrs. Parker accused. Reynolds of hitting Lori husband, and Reynolds admitted tho act, remarking that it -would do Parker good. Mrs. Parker held on to Reynolds till tho polico arrived and arrosted him. Reynolds admitted ■to the policeman also that ho had hit Parker. Parker was removed to the Police Station, where Dr. Henry saw that there was something serious wrong with him. Finally, Parker was taken to the, Hospital, wJiero he died. 'A post-mortem examination showed that tho brain was lacerated, and this laceration was such, in the doctor's opinion, as might have been caused by collision with the pavoment. Two outside witnesses of the occurrence would be called. One, named Martin, would state that ho saw Mrs. Parker try to hit Reynolds. sMortin' -went over to see what the row was about, and ho saw Reynolds follow Jtr. and Mrs. , Parker. Hβ hoard Reynolds, call Parker a "bludger," and he witnessed the striking of.tho blow which hod Riven rise to the charge. The "witness did not see Parker make any attempt to strike the accused. A man named JTNab also saw Parser go down. The arresting constable would stato that he found Mrs. Parker detaining Reynolds on tho spot. It must be raid, however, that Reynolds was making no effort to get away. Counsel proceeded to call tho evidencereferred to above. . Mr. O'Lcary closely cross-examined Ethel Parker, wife of tho deceased. Mr. O'Leary: 'Tou sa-y that you were insulted by something that Reynolds said to youiP—'Witness: "Yes." ■ ,■ I suggest that you were out there with your husband that night for an improper purpose—"Certainly not." ■ ~. . Have you been convicted of soliciting prostitution in the street —"I decline to answer that question." I must ask you,- because it is important. —"I decline to answer." I -will put it in a more speoiflo form. Were you not, at Auckland, in 1913. convicted of soliciting prostitution ?-"I decline to answer." ■ • ■ Were you not also convicted at Auckland of indecency ?—"I decline to answer.", Do you consider that you are a woman upon whose word tho jury could convict a man of this offence?—"l do." . ■ ■ Were you not convicted on three Occasions 'of theft, once at Hamilton, once at wnA rnirn at Taihane?—"l de-

oUne to answer any-of those Questions." Had you any drink ou the evening in question ?—"Two drinks." ..'..,.' ~ Mr. O'Eoary said that he intended to call the accused and several .other -witnesses, tho general trend of -whoso evidence -would Tie to the effect that Parker -was the aggressor and that Ecynolds merely returned blow for blow in self-defence. The accused, stated that ho was p, salesman by occupation. Ho was also a returned Boldier, ; -who had gone aiway Tilth thelfaiu Body. Ho stated that on tho night in' auoetion Parker came un to him and said that somebody. across the road wanted to see him. Witness .wont over with Parker,, and there was Mrs. Parker. Mrs. Parker asked witness whother he was coming with her, and ho replied, i>o. Sho then said: "Are you gome to shout? Witness7*efuXcd;vand"she retorted,., 'lou-r» ; no -nso to me;" Mrs. Parker knocked witness's lrat off, and witness said, Are you- lookinu for trouble Parker mid. "Aro vou you -^-r 1 ? Witness was poinsr anToss tiio road when Parker struck -at I him. Witness hit Parker only once, and Parker collapsed. Witness simply stood on one side, while Jtrs. Parker .screamed Md asked somebody to call the police while she ifiU him. Witness said it woiffi be for her to hold him. but she maintained her grip of him till the "several witnesses were called who to some extent bore out tho statements made 1 in summing up. said that e £S Ske P r ar wenl afterTynolds 'when the latt™. P* down tho street towards tho Jne Snee upon'-this point was tho cvidonco JtoSVtaS you fell that it .was thoroughly corroborated by Uio evidence _of tho /JwUwes; and iftho other witness^ ™f (as the woman .pnte- it) the vnionoc mnitiniT tho proposal -to her. i . ..„ : To inry retired at 5 p.m., and at 5.25 pm returned a verdict.of not mllly. ?Sr^t^oSnfuOa.m,t<>.day..