MURDER CHARGE.

Hokitika Guardian, 12 February 1925, Page 1

MURDER CHARGE.

VKKDICT OF MANSI.AFGI ITCH. [by TFJ.EfiHAI’II —I'f.lt I'KKSS ASSOCIATION.] DUNKDIN, February IK

Phillip (Jordon Sutherland appeared before his Honour, .Air Justice Sim i the Supreme Court to-day to answer n charge if, on December 23rd. last, murdering John James Byan. There was also a charge against, the accused with intent lo cans grievous accused with intent to cause grievous bodily harm, he did (I’.use actual hodassault.. The accused pleaded not guilty. It was agreed that the ( barges should be heard together.

In opening the ease, the Crown Prosecutor (.Mr F. IL Adams) said that in a charge of murder, the jury was entitled, if it thought murder had not been committed, to convict of manslaughter. The jury was thus asked to regard the lirst count as containing charges of murder and manslaughter. The deceased came from the country to Dunedin on December 23. According to c.ue witness there was a. great deal of drinking in a second class carriage m which accused travelled. At Aiiddlomarch, there were two hotels within reach of the train, and the deceased attempted to go there, hut was unable to do so. In his attempt he hurt another passenger, and injured his own head. For some time he was •-

a seat of the carriage, but was later able to partake of liquid refreshments in the carriage. The train arrived late in Dunedin, and Ryan was seen at 20 minutes past 7 o’clock sleeping in a vacant section, and was afterwards seen by a lady. who. curiously enough, knew both ltya.n and the accused, going towards Cumberland Street. Another witness would say lie s»w Sutherland come up behind Ryan, strike him from behind on the face, knock him down, and then kick him on the head and on the body. There were other persons who saw sufficient to know that the man was being kicked about the head and the body. Sutherland himself made a statement, unsigned, to the police in which he said that he did not remember anything. r l be Crown recognised that at the time of the alleged crime, the accused was in a fighting drunk condition. There would he medical evidence the purport of whic-li would he to show that Ryan met bus death by severe blows on the neck and on the skull. After lengthy evidence had been heard the jury retired at 4.-14 p.Tn.. and returned at 5.55 p.m. with a tetdict of manslaughter.

The jury agreed, at the invitation the Crown, to dispose of the second indictment by returning a verdict of ‘not guilty’ on it Tbo jury added a rider, asking His Honour, in passing sentence, to con-

sider the fad that accused and the deceased were both under the influence of liquor during the day. The accused was remanded for sentence! till Friday. ____________