STORY OF FATAL QUARREL

Sun (Auckland), Volume III, Issue 709, 8 July 1929, Page 1

STORY OF FATAL QUARREL

Manslaughter Charge Heard DALMATIAN IN THE DOCK NINE witnesses gave evidence when a charge of manslaughter was preferred against Thomas Nizich at the Police Court this morning. Nizich, a Dalmatian aged 35, was charged with committing manslaughter by killing Arthur Ludwig on June 24. The charge resulted from an affair in Victoria Street, which had culminated in the death of Ludwig who had died in an ambulance on his way to the hospital. The hearing of evidence is proceeding.

Mr. Moody appeared for Nizich and ee eridence was taken before Mr. F. £ g U nt, S.M., who also acted as coroner, the evidence for the inquest being taken in conjunction with that on the charge against Nizich. Eridence given by Dr. C. H. Tewsley to the effect that he had examined the body of Arthur Ludwig on June 25. There was a superficial nbraeion on the left side of the forehead and a similar mark on the nose, both recent in origin. There was Mood and dirt on the left side of the face and further abrasions on the left ■inn and hand. There were numerous small haemorrhages on the back, antenortem in origin. An internal examination disclosed extensive haemorrhage under the brain membrane over [be whole surface of the brain an to the base of the brain. There was no laceration of the brain and the muscles were all healthy. The heart vas enlarged and the muscles degenerated and hypertrophied. In the i; pinion of witness, death was due to haemorrhage under the brain membrane. The skull was very thin. Dr. W. Gilmour corroborated the evidence of the previous witness, adding that the conditions which had resulted in Ludwig’s death might have been the result of emotion or a blow on the head. Witness Inferred that the man was liable to haemorrhages. “Do you consider that in the event otthe man becoming very excited the haemorrhages might be more severe?” Silted Mr. F. K. Hunt, S.M. Witness

last saw his father alive Calvin Luther Charles Ludwig, son o£ deceased, said that he last saw his father alive about 10 a.m. on June 24, when he had had two bottles of beer in an hotel. Witness later identified his father’s body. "During the 14 years that my father and I have been fishing together, he has never had a day’s illness,’’ witness continued. Deceased was a New Zealander born and was 53 years of age. He Iked with his family at Burgoyne Street, Newton.

Constable Campbell told the court iisL when on duty at the corner or Hobson Street and Victoria Street, between 3 p.m. and 4 p.m., he had been attracted to Nizich's shop by a crowd of people below the Empire Hotel. Witness found Ludwig on the pound and had him sent to the hospital in an ambulance. Dr. Abbot bad made an examination on arrival at the hospital and witness had been instructed to take the body to the morgue.

EYE-WITNESSES’ STORY According to Vera Butterworth, a married woman living at 13 Virginia Avenue, she had gone to 139 Victoria street with a Mrs. Robinson on June A They had gone with another Dalmatian to inspect a house in Nelson Street and had met Ludwig, with »bom witness had left her little boy. Witness was making arrangements J'lth Nizich about the rental of the ‘ouse, when Ludwig had walked in f?® Bt&r ted to argue with accused. cannot remember what they were rguing about,” continued Mrs. ButjtJh’vP 'Tut Ludwig was excitable ■ua “ad been drinking. Nizich did „,‘.. a!>!>ear to be under the influence of liquor.”

th» CC i! lße< * hatl Pushed Ludwig out of ... . 3 “® p ’ bu t he had come hack, reh* to 8°- Both had then put their tands up ready to strike, on I .. ue i’? **ad then left the shop, but tbs eac “* n 8 the Empire Hotel, saw 1.»,J‘ C S ÜBed and a number of other Rations on the footpath, fbon th Ludwig had entered the irfsnj taere were only witness, her But*»,L an<i Nizich present. Mrs. Md sT 011 * 1 c °uld not say that Nizich She Fv, en Ludwig any provocation. las a child ° Wn t* ecease d since she tas! 0 »,?is lan “ net * by Mr. Moody, wittain e could not remember certhe 3 [[ o p 3 w bat had happened in caift ’ There is quite a lot you cad’ remei nber. Is your memory fitness: Yes. the dsrf 88 that Nizich had told tad*i» easei * to tcuve at least twice, ''ad gifi T as Tery excited, and witness tW«„r tween the two men to stop Nrj. u K* ins ’ Neither witness nor cither “b lns on had been struck by Man. worth? 1 Upbinson, Mrs. Butterstory ..TP 111 Pan ion, corroborated the aldlur ,15 ky the previous witness, badwif 11131 w hen Nizich had pushed t:an* 0t tlle s hop other Dalmathe bast P ome into the shop from K of the premises.

t alk of jealousy ’ , orth? a i,, lla ' l taken Mrs. Butterhad run s”' ** w hiie Mrs. Butterworth Khej ah ßaa!t to separate the two men. H aad re J° ine< l witness on the ’hat S he Hotel corner, she had said bauj ans W 5 S not happy with her huswife ans v was not happy with his "fitesa 0 Was very jealous of her ■oa. v explained that, in her opin llrj. t : “utterworth had meant that ■ng »n g was Jealous of her speakVaal 6 Gherman. oat on Jccused strike the deceased Bobinaon “ e str eet,” continued Mrs. »*id th»^ W 5iT t 0 Mr " M °°dy, witness I truck <1 'here had been no blows m the shop. ye-wltness’s account of the af-

fair was given by William James Farrell. who said that, when passing the shop about 3.45 in the afternoon, he had seen an altercation in progress inside. Nizich had been trying to coax deceased to leave the shop. The door had then closed and all the Dalmatians except accused had gone back into the shop. Ludwig had then removed his coat, saying to Nizich, You tried to do for me inside; now try to do for me outside.” Nizich had told deceased to go away. HEAD STRUCK FOOTPATH Nizich had then struck deceased, who had fallen to the ground. Mr. Gourlay, licensee of the Empire Hotel] had appeared and pulled Nizich back. "At the time that Ludwig fell his head struck the footpath and it was the blow given him by Nizich that caused him to fall,” added witness. When Ludwig had pulled off his ccat his left arm was bleeding. Witness had been only six feet away when accused had struck Ludwig. “Ludwig had a few drinks in him,” continued Farrell. “Nizich seemed to be all right. He was not in peril at the time he delivered the blow.” Witness considered that Ludwig was going to get his coat from outside the shop and not trying to enter the shop when the blow was struck. Witness told Mr. Moody that Ludwig appeared as if he were inciting Nizich to r fight. He had made a move toward the Dalmatian before the blow was struck. Ludwig had not struck Nizich but, on the other hand, the Dalmatian had not been aggressive in his attitude. Robert James Harris, a negro, who lived at 165 Victoria Street, also had a story of the episode to tell. Witness had seen Nizich strike Ludwig, had heard deceased’s head strike the footpath—“ Just like a coconut, crash,” said witness, thumping the side of the witness box with his clenched fist. Mr. Hunt: He had a thin skull and it was not broken. Witness had not seen Ludwig strike Nizich, who was in a very excited condition. “Everybody there was frightened of him.” continued Harris. “When deceased fell he never moved at all.” Hilda May Lodge recalled that she had seen Ludwig strike Nizich, after which the Dalmatian had returned the blow. Accused had appeared to be excited when he delivered the blow. (Proceeding.)