TRIED FOR MURDER.

Taranaki Daily News, 13 June 1917, Page 4

TRIED FOR MURDER.

FOUND GUILTY OF MANSLAUGHTER By Telegraph.—Press' Association.' Hamilton, Last Night. fli« trial of David Morgan Laekie, t one-armed man, on a charge of murdering Albert Ryan at Hamilton on Aprif 10 last, was concluded at the Hamilton Supreme Court this afternoon, before Mr. Justice Cooper. Mr. Gillies, Crown solicitor, appeared for the prosecution, and Mr. C. L. MacDiarmid represented prisoner. The evidence was practically the same as in the Lower Court, allowing that deceased had kicked prisoner when en the ground, inflicting serious injuries, and that some time later prisoner entered the bar parlour of the Commereial Hotel and struck deceased on the head with a full lemonade bottle. 'Deceased did not appear to be seriously injured, but subsequently was found in an unconscious condition at the Frankton Junction hotel, where he and prisoner had engaged a room, the prisoner leaving by an early train. Deceased waa removed to the Waikato Hospital, where ho died.

Finger print evidence waa adduced showing that deceased waa an Austral, inn, and had been discharged from Auckland prison in April, and the* he had also assumed the name of Bunce, and had been convicted of an offence itfii. hi.

Mr. Gillies submitted that there waa 1 ho doubt deceased had dice! from the effects of the blow delivered at the Commercial Hotel, and that prisoner had struck the blow. He said the Evidence showed the aaaault was not committed in the heat of pajaftm, therefore the jury would not ba warranted in reducing the charge to manslaughter. It was evident by the threats used %y prisoner that it was his intention to kill deceased, and later on, when realising the nature of the injuries, he Wt hurriedly to catch an early train, Coynsel for the defence put it to the jury that a doubt existed 88 to whether iho blow delivered by prisoner had aetually caused the death of deceased, and that there was a possibility that deceased had stumbled and fell in the bedroom at the Frankton Hotel, when attempting to place a washstand against the door, and sustained an injury to his head. Counsel submitted that the evidence did not support the allegations that prisoner had entered the hotel with the intention of killing deceased, and that cxDressipns used by prisoner were those of an injured man suffering much ' pain and therefore provocation. His Honor summed up at considerable lenarth, and the jury, after a retirement lasting for 35 minutes, returned a verdict of manslaughter. Sentence wait deferred till to-morrow morning.