KICKED TO DEATH.

Manawatu Herald, Volume XLVII, Issue 2845, 12 February 1925, Page 3

KICKED TO DEATH.

YOUNG MAN FOUND GUILTY OF MANSLAUGHTER. Dunedin, Last Night. Phillip Gordon Sutherland appeared before his Honour, Sir William Sim, in the Supreme Court today to answer a charge of on December 23 last murdering James Ryan. There was also a charge against the accused that with intent to cause grievous bodily harm, he did cause actual bodily harm and one of assault. Accused pleaded not guilty. It was agreed that the charges should be heard together. In opening" the case the Crown Prosecutor (Air F. B. 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 first count as containing charges of murder and manslaughter. Deceased came from the country to Dunedin on December 23. According to one witness there was a great deal of drinking in a second-class carriage, in which accused travelled. At Middlernarcli there were two hotels within reach of the train and •deceased attempted to go there, blit was unable to do so. In his attempt, he hurt another passenger and injured his own head. For some time he was lying on the seat of the carl’iage but was able to partake of liquid refreshments in the carriage. The train arrived late in Dunedin and Ryan was seen at twenty minutes past 7 o’clock sleeping in a vacant section and was afterwards seen by a lady who curiously enough knew both Ryan and accused. Going towards Cumberland St., another witness would say she saw Sutherland come up behind Ryan, strike him from behind and 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 body. Sutherland himself made a statement (unsigned) to the police in which he said he did not remember anything. The frown recognised that at the time of the alleged crime ac cused was in a fighting drunk condition, the purport of which would be to show that. Ryan met his death by a severe blow on the neck and on the skull.

After lengthy evidence had been heard the jury retired at 4.14 p.ni., and returned a verdict of manslaughter. The jnrv agreed ;it the invitation of the frown to dispose of the second indictment, by returning a verdict of not guilty on if. The jury added a rider asking his Honour in passing sentence, to consider (he fact that accused and deceased wore both under the influen re of liquor during the fracas. Aci used was remanded for sentence til] Friday.