THE TAIHAPE TRAGEDY.

Manawatu Herald, Volume XLVI, Issue 2696, 16 February 1924, Page 3

THE TAIHAPE TRAGEDY.

GUILTY OF MANSLAUGHTER.

MOGHAN’S SENTENCE DEFERRED. Wanganui, Last Night. The prosecution occupied the ghan was charged with the murder of Gordon Gemmell, near Taiixape, on January 2nd, was continued at the Supreme Court to-day, when the jury, after 20 minutes retirement, returned a verdict of manslaughter. At Mr Wilford’s request, sentence was deferred to Wellington on March 11th.

Tli prosecution occupied the wiaole morning, when the evidence was practically a repetition of that given in the Lower Court. Dr. McDiarmid, of Taihape, said he was sure Gemmeli’s injuries could not have been caused by the hats alone, though it was possible that the cuts on the head were due to falling against a door or shovel. Dr. Hurley, Government bacteriologist could not say that there was blood on the clothing or boots sub J mitted to him for examination. Cecil Hiehoiis, a mail contractor, Sergeant Matthews, of Taihape, and Constable Geraghty, related the occasions on which Moghan admitted having killed Gemmeii in self-defence. Ho evidence was called for the defence. Mr Wilford, in a seventy minutes address to the jury, contended that there was no evidence as to how Gemmell met his death. There were only statements by men who had been in such a state of intoxication that they could not be expected to give any coherent evidence. .Even if Moghan had killed Gemmell during a quarrel and a light, he was so under the influence of liquor as not to he aware of what he had done till the shock of finding the dead body restored him to sanity. “When he said, ‘Take me; I killed him,’ the one expression heard by Hanks, it showed that Moghan did not intend to kill Gemmell. Moghan did not know Gemmell was dead, though death had at the time occurred. Had Moghau desired ta murder Gemmell, there were in the room a ioaded gun, two shovels, and two bars. His Honour, in summing up, said there was no doubt that bad blood had existed between Gemmell and Moghan, hut there was no evidence or a suggestion of trouble between Gemmell and the others in the house.' There had occurred repeated assertions that he had killed Gemmell, although it did not necessarily mean that he had murdered him, There was no doubt that the evidence of itiley and “Maori Jack” was unreliable to some extent* on account of their drunken

state, but there appeared to be no doubt that the man whom Moghan picked up and asked to shake hands and be friends was Gemmell. The only question to cause the jury any difficulty was whether Moghan was guilty of murder or manslaughter.

In asking the Judge to postpone sentence, Mr Wilford said he wished to make inquiries regarding Moghairs committal to an asylum years ago.

The Crown Prosecutor stated that the records showed that Moghan had been in an asylum twice suffering fx*om delirium tremens, officially stated as religious mania, caused by drink.