D.C.M. HERO ACQUITTED.

Pukekohe & Waiuku Times, Volume 5, Issue 179, 2 June 1916, Page 2 (Supplement)

D.C.M. HERO ACQUITTED.

JUDGES KINDLY WORDS TO SOLDIER FREE FROM PRISON

Wearing the ribbons of the D.C.M. and French Military Cross conferred upon him for gallantry at Hooge, Sydney Bolesworth, 26, a private of the Leicester Regiment, home wounded, was indicted before Mr. Justice Low, at Yorkshire Assizes for the manslaughter of Private Georgo Spencer, 3rd Leicester Regiment, at Patrington, last November.—Mr. (J. Paley Scott, for the prosecution, said that four soldiers of the Leiceslers, including Spencer, were returning to camp, when they met accused, who asked if they were the picket. Spencer said they were, but one of the other men replied that they were not. Prisoner asked, "whose leg are you trying to pull?" and struck Spencer a violent blow, knocking hiin down in the road, his head striking the ground with considerable force. He also struck two of the other men. Spencer remained unconscious for a time, and when he came round again, Bolesworth returned and said, "You are all right? lam the man that hit you." Deceased said. "Yes, I am all right." Spencer was ill during the night, and called out, " I am dying," but after attention from the other men, he said he would try to get some sleep. Jn the morning Spencer was found dead in bed. A post-mortem revealed death to be due to concussion. Dr. Bryne and Dr. Coates, in reply to the judge, both expressed the view that it was probable deceased had had a fall subsequent to the affair with Bolesworth. —His lordship asked Mr. Paley Scott whether he could press the case further in view of these answers, and counsel said he could not.—Mr. C. Mellor (defending) said that accused was a distinguished soldier, ad bore the highest character. He deeply regretted that this miserable joking about the picket should be connected even remotely, with the death of a fellow-soldier. —Judge: I suppose you are being instructed to defend by officers of the regiment?— Mr. Mellor said that was so. He regretted that a soldier of such distinction had been kept in gaol, and not allowed bail. —An officer from the Leicester Regiment Informed the Court that the officers would be proud to have the man back again. The judge, addressing Bolesworth, said there was nothing in the case that he could be the least ashamed of. He really did not cause the man'r death at all. He was extremely sorry that a man of Bolcsworth's good service, who had won such high distinctions, should have been detained in prison for two months. "At any rate, it will be sufficient for me to say now, and I hope it is some small comfort to you, that you leave the court without the slightest stain upon your character, and that you go back to your regiment with a character for gallantry and good conduct which is not in the least impaired. You are discharged."—Accused : Thank you, my lord. —Bolesworth, on leaving the dock, was warmly congratulated by the officer from his regiment and other military friends.