MANSLAUGHTER CHARGE

Evening Post, Volume CXII, Issue 53, 31 August 1926, Page 12

MANSLAUGHTER CHARGE

SEQUEL TO STREET FRACAS

ACCUSED COMMITTED FOR TBIAL.

(By Telegraph.^-l'ross Association.) AUCKLAND, 30tU August. In tlio Magistrate 's* Court, Colin M'Donald (agod 23), who was arrested in Sydnoy, was charged with manslaughter by killing Andrew Soutar in August last year.

One witnoss stated that the deceased and a companion wcro walking down Victoria street when three other men commencod to argue with Soutar. Witness saw Soutar struck twice by 0110 of the trio, and Soutar foil, his liontl hitting the footpath. Ho died in hospital. Neither this witnoss nor two others could identify accused as the man who struck the deceased.

Brian Leon said that he had observed three men go up Victoria street, along Hobson street, and into the Thames Boarding-houso. As they passed witness ho noticed 0110 man holding his right thumb tip. This man was dark and appeared to bo about 25 or 30 years of age. Witness joined two other men and followed the three men until they disappeared. The man who was nursing his thumb as he passed witness said, "Hurry up. My thumb is sore." "Witness could not identify the accused.

Henry Jiggens, proprietor of the Thames Boarding-house, Hobson street, stated that the accused had a room at his house on the date in question. Accused came into the house shortly after 6 o'clock with two friends and interviewed witness in connection with an apparently recently sustained injury to his thumb. He said he had just been in a iight in Victoria street. Th« accused booked in under the name of Henderson, but witness afterwards found that his real name was M'Donald. Witness identified the accused at >ne Auckland police 'station on 17th August as tjje man he had seen on the night in question. '

Constable Bowman said that shortly after 6 p.m. he proceeded to the scene of the affray. He examined the deceased. His breath smelt strongly of liquor, and 119 appeared to l>e hopelessly drunk. He was unconscious, and was conveyed to the police station, where Dr. Murray ordered his removal to the hospital. He died iv the institution that evening. Constable Delaney said that a warrant was issued oil 25th September for the arrest of accused for manslaughter. Witness executed the warrant in Sydney in August of this year. The accused admitted that he was the man mentioned in the warrant, but said nothing further.

Detective-Sergeant O'Brien said lie saw the accused at the Auckland police station after he had been brought back from Sydney.

The accused said ho remembered nothing of the occurrence. He was a professional boxer, and at the time of the affray he was an amateur.

The accused reserved his defence, and was committed to the Supreme Court for trial. Bail was allowed as before. . ■