CHARGE DISMISSED.

Manawatu Standard, Volume LVIII, Issue 48, 25 January 1938, Page 2

CHARGE DISMISSED.

A WELLINGTON CASE. Per Press Association. WELLINGTON, Jan. 24. On a charge of manslaughter arising from a dispute after a card game at a boarding house at Thorndon on December 23, Iloy Patrick Frost, aged 27, a fibrous plasterer, appeared before Mr J. H. Luxford. S.M., in the Magistrate’s Court to-day. The case resulted from the circumstances surrounding the death of Francis Pyan, a storeman. The police alleged that Ilyan died as a result of a blow struck by accused during a fight. “In my opinion there is not sufficient evidence to show that accused delivered the blow which resulted in deceased’s death,” said Mr Luxford. The information was dismissed. The Magistrate said the injury might possibly have been caused when Ryan fell in the passage or when he fell out of bed. Whatever the position was, the evidence did not justify him in sending accused for trial. “If accused did strike deceased and the blow did cause his death the whole of the circumstances were such that, in my opinion, no jury could reasonably convict him of manslaughter or on any other charge,” added the Magistrate. Twelve witnesses were called by the police, including a detective who said accused had stated he was satisfied in his own mind he had not done any wrong, but that he was prepared to leave it to someone else to decide.