MANSLAUGHTER CHARGE

Evening Star, Issue 22450, 22 September 1936, Page 13

MANSLAUGHTER CHARGE

FATALITY AT PALMERSTON PROSECUTION’S CASE COMMENCED The hearing of the lower court proceedings against Richard Corrigan (49), a miner, on a charge of killing George Stuart .Neish at Palmerston on August 20, thereby committing manslaughter, was commenced in the Police Court yesterday afternoon before Mr H. W. Bundle, S.M. Francis Stothart Little, a licensed surveyor of the Lands and Survey Department, produced a plan of the localities of Stour, Brough, and Austbridge streets, Palmerston. Detective M‘Donald Brown produced photographs of the locality and tho accused’s home and motor car.

Dr J 5. F. D’Ath, professor of pathology, said th-at Jie bad made an examination of tho locality and found two distinct marks of dragging on tho path outside the deceased’s hut. There were also marks of motor tyres outside the gate. There was a patch of fresh blood on tho ground about 24in from the running board of the accused’s car, and also spots of blood on the tool box at the back. Ho could see no signs that would lend to the supposition that the deceased had fallen. Witness, who had made a post-mortem 'examination of the body, described tho. injuries, stating that there were two separate wounds—one on the left side of the face and ear and the other on the top of tho head. The first did only superficial damage, and appeared to have been caused by a direct blow from a flat object. In his opinion death was duo to extensive subdural haemorrhage, tho result of a severe blow on tho top of tho head.

Dr D’Ath said he had been shown a pair of boots alleged to have been worn by tho accused on the night of the tragedy, and he had made an examination of scrapings taken from them. He found bloodstains on the soles of each, but on neither was there any hair or epithelial scales. Witness had attempted on plasticine to reproduce tho type of grazing which would have been made on the deceased’s head by tho hobnailed boots, and the right boot gave a reproduction which bore a superficial resemblance to the fatal injury. It was difficult to imagine that the deceased in falling could have receive! tho fatal injury, which was quite consistent with having been caused by a blow from the right boot. There was no evidence of blood on three pieces of wood —a broken stick—which had been found. Douglas James Swanson, a railway porter, residing at Burnside, said he was employed at Palmerston during August. At, 12.55 a.m. on August 26, a man nhmed Enholm called at the station and, on account _of what Enholm stated, he went to ISeish’s hut, about 120yds from the statiou. He found Neish lying at the door of the hut on his back. Neish appeared to be dead. Witness felt his pulse and found no movement. There was a caudle alight in the hut. He noticed blood marks on the crown of deceased’s head. At about 1.15 a.m. ho reported the matter to Constable Kelly. He was present when Dr Howden examined the body. “ That is all the evidence i have to offer here, and 1 formally apply for a remand to,Palmerston until 9.60 on September 29,” Chief-detcctivo Young said. , ! The remand was granted, the magistrate intimating that the inquest proceedings would also be adjourned formally. . Mr J. G. Warrington renewed tho application previously made for bail by accused, who had a wife and two young children entirely dependent on him. ' . The Magistrate pointed out that the facts of the case had not yet been pieseuted to him. “ 1 appreciate that, replied Mr Warrington. “If a crime were committed, the death took place on August 27, and this man was interviewed the same morning. He know then that, if .there had been any guilt on his part, he would be facing some charge, but he was not arrested until about a week ago. During that time he kept at his work, and there was no difficulty in locating him when ho was wanted. Likewise, there will bo no difficulty about his appearing at Palmerston, He is working at 1 aimerston, and will report twice daily to the police it: it is thought necessary. Chief-detcctive Young pointed out the gravity of tjie charge. The Magistrate: Considering the circumstances I think it will be proper for the court to wait until the conclusion of evidence to be tendered by the prosecution on Tuesday next. 1 will then give an application for bail the most favourable consideration 1 can.