THE PAKEHA TRAGEDY

Dominion, Volume 12, Issue 228, 20 June 1919, Page 9

THE PAKEHA TRAGEDY

.CHARGE OF MANSLAUGHTER DISMISSED

'" "A NOBLE LETTER" .'"

Mr. J. Salck and Captain W. H. Hennah, Justices of the Peace,- yesterday heard .further evidence' in the case against Sergeant Edward' George Marsden, who was charged with the manslaughter, of Stafi-Sorgeant-Major Samuel Stanley Choate. Choate's death occurred during the-voyage of H.M. transport Pakeha to New Zealand.'

Chief-Detective Boddam prosecuted, and . Mr. H. F. O'Learv defended. -William P. P. Gordon stated that he was, a medical officer' on tlio Pakeha, which arrived at Wellington on May 30 last.-""He --remembered.-. Choato's : being brought to the ship's hospital in an ■unconscious state, with symptoms- pointing to a fracture of the'base of .tho<skull; Choato did not regain consciousness,: and died atS.ss'a.m. ; on'-tho morning-of May 27.' The ■ condition of the deceased'-was consistent with the testimony: witness had . heard given by-preceding witnesses; To Mr. O'Leary:-In examining the body of the deceased Witness-found abrasions ort one cheek and oil the tip of the also a bruise pn"th'o left shoulder and a slight bruise on the' baok of. the head; There- were : no-other marks.'.-: •• -.-■ .- '■"It is possible -to'''fracture the' base of. the skull by'a .blow-on the jaw; but, after examination of the jaw- and .the ekiill, I am of opinion that the fracture Was due to'a fall,"witriess'ad'ded in reply to further Questions.' ~ ( ; ■ Detective-Sergeant'Mason stated that on June 2 he arretted the accused at WeU lingtbn..'_■' Accused; 'when .'charged, made lib reply". ■'■' ": - • '■-''.' ,Tb Mr! O'Leary: The character'bottio by. Marsden ; as asdldier had'-been very goo*)—exceptionally" good. _::"'.••, v •- -. '.•Tnere; was; no further evidence;, for -the. prosecution.' .'■''•'"'•,'?"'_..■. '•■'■'• -.'■'.'' Marsden ont'ererl the'witness box;-".Ho said .that .in. civil, life•"ho Tiad ■followed the..occupation■ of a,farmer. ' Be' joinei) the' forces. in.l9ls,'.and'left'New Zeriland , fii. 1916... He' had- no 'bleih.ish-'whatever upotf his ; military records. ■ On "the'boat, he was acquainted withthe deceased;-Hb was- on. very frieiidly. terms with ' the latter,:.wlio'sat'inear him-', at' the' iries'3 table. TJp to the.timb.of the unfortifnatb occurrence that :hhd. yifefi' rise to" thocase tliere'• had been, rib ill-feeling of any kind.'between liiin'nri'd Choate'; Oh the'day.of th'e'tr.ouble deceased 'ca'mo up to witness andaskejl.-ifhe had a civilian 1 cap belonging to .'him '(Choate). This cap witness, had,borrowed, of. Clio'ate' : iii- the course of the Witness : ..wns v wearing it.'.Ho took--it'off_';aiid '■■p'ut':-it down. - Choato. said!:."You JiaVe- a mirror of mine."'-'.' Witness replied:" "No,' I haven't seenit." .Choate then thrifed' and \ said:'. "You're., a "liar";" 'Witness re-. I . torted: "You'ro .pretty, hard on a inan. I'll allow -no. man; to; call me ' il- : — '- liar.".., Choate adopted,p. iightinif attitudes. \ .Witn,ess thougbt .he >vas. only joking. Wit- \ ncssand Choate exchanged, liViht 'blows, and witness fell.,on his hands. When witness got,up..Choate advanced half-«i pace.. ■ Witness, .struck out .again. Choate went- back, his feet'.'seemed to _go from under him, and , ho fell . against 'the latrine on.to.the deck. ..Withess'Raw- that Choate,-was -injured. lip.to tho time that Choalb appeared.to have been hurt witness had.not taken the matter seripuslv at all. Witness siuoked right" through, 4 till he fell on tho deck and, dropped his pipe out of bis mouth. While delivering the second blow at Choate witness had his

left, hand,in his pocket.- Witness attributed'C'lioate's fall'.to tho wearing of I boota on. .the. slippery deck awl to the 1 roll- of the vessel.-''Choate was/staller and broader. than 'fitness: • One of; the bruises' on Choate's-"face'was> accounted for by .tho fact that a piece of'cane used . for. basket-making- had. scratched him- the .day Moreover, Choate had acted aß'''Auht Sally" in-a game that ho'himself had'suggested. Ho had his 'face stuck through a canvas sheet as a -mark for kapok balls that, wore "shied", at Mr. by. other fellows;, The prizes awarded were bananas.. Throughout, the gamo Choato showed the greatest good temper. '."In view of tho fact that the evidence .of this.witness is vir'tu'ally.'a-.corrobora-; £ion;.of, that 'given A ljy,"thc' Witnesses'. fi£ tho Crown. I. have'ho!questions"to ask," observed Detective-Sergeant- Boddam, -.- .'• • Sergeant Charles' Bertram .Tones said that ho saw" part of the affair between Choate .and Marsderi. When Choate _ fell jtarsilen said: "Get a doctor, .quick." Marsden's attitude up to then had been , quite -nlayful. , .. Mr. "O'TJcary" submitted that there was no case to go before the Supreme Court. 1 No jury would think of convicting Ser.geant. : Marsden ; " of manslaughter, ■ .The .whole occurrence was an unfortunate ac cident that did not -render • Marsden criminally liable at' all. The case might even be "put. on tho footing- of selfdefence on the part of Marsden. ■ Counsel preferred to-submit, however, that Mars, den was simply 'sparring with Choate in good temper. Counsel trusted that tho Bench-would consider itself free'to dismiss the charge and'so put an end to the worry and anxiety that a needless prolongation of the 'proceedings would cause to the'-ae'eu's'ed. ■■;•-- After a few minutes' adjournment Cap. tain Hennah announced that tho Court had decided to-dismiss the charge. "We ;dceply regret- the- unfortunate ..occur. Tence',"'he said. "The two good comrades,. and-as tho, result .'of a: slight altercation a blow; that was of no 'great violence was struck. Offing to.lhs. slinneriness of the deck' and the' roll of the ship the deceased fell and met his death as the Tesult of the'fall... -\Tho

evidence proves that tliere. was. iio premeditation.' : Wo, consider that the investigation, has "been conducted by. ChiefDetective .'Boddarii with every' fairness, and was .necessary .so that the facts might he made known."

llr. O'JJenry observed that in view of the finding it might bs satisfactory to.tlio Bonch ,to know what attitude the'relatives of the deceased liad adopted towards the enso. Hr< read an extract from a letter in. which the sister of the Into sergeant-major asked a- Wellington clergyman to go and' see Marsden. "My brother and the man who was the indirect ennse of his death-were the-best of friends,"-.the writer' stated. After recounting what she had heard of the tragedy she'went on to say.:'. "I have tola yoii all this, because'l, would like you to see Sergeant Marsden.'-. . . It is very terrible for' him, arid we all feel very deeply' for him. If you'could see him you could help him and assure him of bur sympathy better tliairanyone else. Great ns'our sorrow is, his is much harder.to bear, especially as, he and Slan were such friends." '

The. Bench' commented noon the noble spirit of,the letter,' "Wo feel tho deepest sympathy with the relatives, iind indeed with cverybne. connected .with this unfortunate .case," said Mr. Salek. ■'