PAKEHA TRAGEDY

Dominion, Volume 12, Issue 221, 12 June 1919, Page 7

PAKEHA TRAGEDY

. CHARGE OF MANSLAUGHTER :■ CASE AGAINST SERGEANT . •'' .MARSDEN .'•■.■, The circumstances, of tho tragic affair which occurred on board tho troopship Pakeha, on May 2(1 last, were investigated at the Magistrate's Court yesterday, when Sergeant Edward George Furlong Marsden, of tho New Zealand Field Artillery, was charged with having' unlawfully killed Sergeant-Major . Samuel Stanley Choate; Now Zealand Engineers, thereby, ■committing manslaughter. Chief-Detectivo ißoddam prosecuted, and Mr.' H. F.. O'Leary appeared for tho' ac.cused. 'The case was heard by Captain Henuahand Mr. .J. Salek, J.IVs. In his opening, tho chief-detective said there. \vas no evidence ■ to justify the slightest suspicion that there was any animosity betwen' accused and deceased prior to the tragedy: . ..'.. ■ Quartennnstor-Sergeant George Gordon Messenger, "Wellington Hegiment, etated that he was .a-passenger .on the l'akelm ! at tho timo of 'the'affair.' On the morning of May 20, ho was talking to Sergeant Marsden on the'port side of the de'cV forward. Staff-Sergeant; Major : Choate. came, along,', 'and took" Sergeant Marsden by the arm. Hβ esked Marsden if. he'had- any property, belonging to ..him.' \. Mareden ' asked* '"■ "What.,. property ?" Choate' replied, "A cap." '■ Marsden replied "Yes," and taking a civilian cap. from his head placed, it on Chqate's head. • Ghoate 'then asked if accused Jiad-a inirrdr heloiigiiig .to him,, and'accused replied '.'No." Upon this, Choato eeeined to "get: excited, und called, accused ft liar."- Accused saidj "Ybu'ro' rather l .hard, aren't- you? I'll, allow;.no inan to call nie a liar. Take those words back." Clioate refused to npologisej.so Mareden struck deceased on'the jaw with his fist. Deceased struck back, '.hitting ■aoouecd on the body. Maraden. slipped: and fell on the deck. . Picking himself ■up, ihe struck deceased on tho face. Choato's"'.' feet slipped forward, and, he fell, striking his head en the Side, of the ■ latrines and then on the deck. Seeing ■that Choate. was injured, accused-asked .a sergeant to go for the doctor. ■_• At fhn timeytif tho occurrence the deck .was .pretjty .-wot, .tho Hatrincs- haying, .just been washed-out., -.- ..-.■•■ • .•". ■•• t-To Mr. O'Leary.; The relations between accused and. Choato had 'always been friendly.., In his • version of.what hap pehed witness had no reason to fayoui.one'man more than-the other. Sergeantj • Marsden, said-nothing-that "was foul; he, \vas .smiling most of. the tinie, and-right, up to .the 'time- Choato .fell he' did .not appear to take, things . seriously. Even after accused struck Choate.the first, blow ho continued to.keophia.pipe in his mouth.- and-.witness' told him tp remove ■it..',"lf ; a man...was going.-.to.have; a eerious fight witness did-not'think, he ■ would Ro on emoking. . For some days before the affair, since - tho-deck-shoes had been taken,from the men, trouble had occurred owing to the men slipping on the decks. They wero then wearing their, service .boots,, and-, as , a result-of -the slipping the fatigue parties had to •have.their deck-shoes roturned'to them.' ■ There was not a heavy sea,.but the ship • was rolling, and this .increased the ten-' dency of the men ,to 6lip. /If ths deck had been level, the blow- struck- by aooii'sed would-cot have bcen-snlHcient to cause a man to fall, Tho.row was not onesided, iiiid phoate appeared -to be 1 ."the-more aggressive, .of the, two. -. Mai-s-, den was smiling right.- tip to- the .timo that deceased «■. injured.- •■., -. Sergeant-Major Alexander -Gillanders M-Kay, .Canterbury Eegiiuonti gayo corißborativo testimohy. .' ■ In- reply to. Mr. O'Leary,' witness eaid ha • did not see anything unfair in' what accused' did. The fatal injuries must have been received when Choate's head •struck the deck. ■ Deceased. and accused appeared to -bo good friends. . Whon the dispute-: started, witness did not think thore was .anything serioiw in ii; ;as a Rood deal .ol horse-play .used to go on from time to time. 'Sergeant Edward^Barnett Lockett ; New Zealand Rifle Brigade, also gave similar evidence to the previous TOness, and eai'j She-eaw -deceased's heelfl slip. He' honestly believed that the bW delivered! ■by Marsden, would', hot have- been,. sunV cient to knock a man down. ■''..' ."'After the witness Lockett had finished his. evidence, , Chief-Detectivo .' Boddam asked for an adjoiiinrheht.iii order that' Captain Gordon, doctor' of the ship, mteht be called to state the nature of the deceased's injuries. The, hearing. was ndjonrhed until 10 o'clock this morning..