DEATH OF CONSTABLE DOYLE.

Manawatu Herald, Volume XXXV, Issue 1100, 22 May 1913, Page 4

DEATH OF CONSTABLE DOYLE.

CHARGE OF MANSLAUGHTER.

At the Palmerston North Supreme Court, on Tuesday, Peter McDonald, a middle-aged man, was charged with the manslaughter ot Constable John Doyle, on February i, at Shannon ; he was also charged additionally with common assault, and, further, with assault causing actual bodily harm. Mr C. A. Loughnan prosecuted, and Mr Cooper appeared for the accused, who pleaded not guilty.

The Crown Prosecutor outlined the case on the lines of the evidence adduced in the lower court.

Dr. A. A. Martin, medical practitioner, stated that he saw the deceased constable in the hospital shortly after he was admitted. Doyle was suffering from a fracture below the right knee and dislocation of the knee-cap. There was contusion of the left eye. He was restless and excited, and witness's impression then was that Doyle was entering into a state of delirium tremens. As witness knew it was a case of assault he called in Drs. Putnam and Peach to see if they agreed with him that the man was getting delirium tremens. They were both agreed that he was. Doyle was then given ether and his leg was fixed up in splints. From this onwards the man was restless, and he became violent, requiring to be held down by force. He died on February 5. Kis circulation had been feeble, and he was in a very poor physical state. The cause of death was delirium tremens, which in witness’s opinion was induced by the shock caused by the violent injury to his leg. The deceased was what was known as a “ chronic alcoholic.” In answer to his Honour, the doctor said that the term “ chronic alcoholic” might apph to a man who was always tippling, but who was able to attend to his work.

Continuing, witness said the shock had caused the delirium. His Honour asked if witness had any reason to think the man would have developed the delirium but for the blo w.

The doctor replied that he had no reason to think so. He made the same reply to a question by his Honour as to whether Doyle would have died but for the blow.

To Mr Cooper: The administering of doses of half an ounce of whisky after the injury would aggravate his condition. He thought it was disgraceful that the man should be two days unattended before he was removed to the hospital. It was a disputed point whether a sudden cessation of liquor to a hard drinker would cause delirium tremens.

Mr Cooper produced a bag of boulders, and asked the doctor whether if they were lying on the ground, they would be sufficient to break the constable’s leg by the impact caused by falling on them with another man on top of him.

Witness stated that he did not think so.

After heriug further evidence accused was sentenced to 18 month’s imprisonment.