SUPREME COURT.

Taranaki Daily News, 9 August 1918, Page 8

SUPREME COURT.

cmtisTCHUKcn: sessions'. CHARGE OF MANSLAUGHTER. By Telegraph.—Press Association. Christchurch, August 8. Tn the Supremo Court, James Cimrles Thomson was charged with having committed manslaughter, oh June 29, by striking Edward Bruce and causing his death. The Crown Prosecutor, in opening the case, said that the occurrence "took place outside the -Prince of Wales Hotel. Accused struck' deceased, who fell, striking his hen.d on the kerbing, and subsequently died. Accused had admitted striking deceased, who, it wai alleged, addressed an insulting remark to him. The Crown had not brought a charge of murder, as malice with intent had not been shown. Mr. Alpers, in outlining the case for the defence, said,accused was a strong young man, 2S years of age, a slaughterman by trade, and was married and the father of five young children. He taught boxing as a means to augment his living, and was held in high esteem by Ill's fellows. Accused was a clean liver, and did not drink at all. Accused had been grossly insulted by deceased, who had addressed n. foul remark to him. That was the cause of the blow, which had, quite unintentionally, had an unfortunate termination. Accused had resented the remarks made by deceased, but they were repeated more viciously' and dceased made a savage rush, and Thomson, knowing his work, had de- | livered a ''left hook," which would, in the ordinary way, settle any argument without serious consequences. "Thomson had made a mistake in going into Hie hotel subsequently, but he. had realised that he was in a street row and had endeavored to avoid the consequences. Accused bitterly regretted the fatal termination. Accused gave evidence on the lines of his counsel's address. He stated that the«eccased man did not strike him, because he (witness) was too quick perhaps. The jury, after twenty minutes, returned a verdict of not guilty, and Thomson was discharged. William George Price and Ella Elizabeth Price were sentenced to six months without hard labor for harboring a military deserter. Charles Johnson was sentenced to 12 months' hard labor for making a false statement in a document in an application for a postal letter-box * APPEAL DISMISSED. tit. i. Welli n.?ton, August S. the Full Court delivered judgment i .us morning on (he law paint,'raised in the act.on brought by &muel Edward jl'itzgerald against a court-martial | -hat court sentence! him to twelve .months* imprisonment for desertion ?nd he claimed damages for wrongful ; imprisonment on ihe. ground that "one of .(.5 member, (Major R. C. Kirk) was on the reserve of officers and not a member of the Defence Force, therefore 1 not qualified. ' The court, held that Major Kirk was not a member of the forces but eiied a caeo showing that a judge- de facto though not de jure, sitting with other competent judges would not nullify a judgment which was concurred in by all lio other judges The present, court therefore held that the sentence passed on Fitzgerald was not a millitv, so it could „„t be said the imprisonment was improper, and consequently no action for such imprisonment conhl IV!.