THE BRIGHTON MANSLAUGHTER CASE.

Westport Times, Volume 1, Issue 144, 16 January 1868, Page 3

THE BRIGHTON MANSLAUGHTER CASE.

(from a hokitika paper.) "At the "West-land Circuit Court on Monday, Edward Carroll was indicted before Mr Justice Richmond for having, on the 27th October, 1867, feloniously and wilfully killed and slayed one Jeremiah M'Grath. The prisoner, who was defended by Mr Button, pleaded not guilty. The Crown Prosecutor having opened the case, called—"William Henessy deposed—l am a miner, and have been working on Welshman's Terrace. M'Grath was one of my mates. On 27th October I went with M'Grath and Fox into Brighton, we stopped about four hours, and the way home we went into Mary Anderson's place. "We had a drink, aid I then started up and went to the door, and then I heard a row. I saw the prisoner inside, and I said to M'Grath—"Let us go home." M'Grath and I went out to the back door, and then Eox sent out for me to come in and save him. I told Eox to star d up and come away home ; he came o. t 9 and the prisoner and another man followed me and Fox out. I looked when I got to the back door. I saw prisoner raise his hand, and I bent my head, and I saw M'Grath fall. That was about 10 o'clock. I saw M'Grath was senseless, and I said to prisoner, 1 You have killed my mate." I went into the house to get a candle, and I saw Serjeant Walsh and the prisoner. I gob a candle and we took M'Grath to a hotel. lam certain prisoner was the man I saw with his hand lifted. I attended M'O-rath until he died, three days afterwards. Cross-examined—lt was in lh3 passage that I saw Carroll raise his hand. There was no candle there. William Egan and Carroll followed me. 1 could not see where Egan was when I saw Carroll lift his hand, because it was dark.

By His Honor —Prisoner was close to me when I saw him raise his hand. There was a little light in the passage from the front place. Egau had passed outside when I saw prisoner raise his hand. Fox was outside. The onlytwo men I could see were prisoner and M'Grath. I did not see anything in prisoner's hand.

By the Jury—M'Grath lay about four feet from the door.

Bobert Fox deposed—l am a miner, and in October last -was working for wages for Henessey and M'Grath, on Welshman's Terrace. On the 27th October, M'Grath and I were returning home from Brighton, and Henessey joined me. Henessey and I went into Mary Anderson's place, and saw there prisoner and another man. Prisoner, after a time, took me by the hair of the head, and struck, and then both he and the other man set on me. I called out. and Henessey and M'Grath came in. Henessey said, " We'll clear out of this," and we ran out, and then I heard Henessey say, " You have killed my mate." I looked round, and saw M'Grath in the act of falling. I then went into the house again, and got knocked down by the party inside. I was a little under the influence of drink at the time, but not much. I had no bottle in my hand. Mary Anderson deposed—l keep refreshments in my place. I recollect the night of 27th October last. Prisoner was in my house that night. I found the two decanters (produced) in my back yard that night. I gave them to Detective Bowley. I also gave him a broken piece of tumbler.

Cross-examined—l did not notice any stones in my back yard. I know they are my decanters. William Egan went out for his hat and coat, and I went out with a light, and then I picked up the decanters. Bobert Fox was there that night I did not offer to give Fox in charge to the police that night. M'Grrath was in my house a little time that night; he never drank spirits, but had some lemonade They all had drinks, but I do not know what. A great deal of my property was destroyed that night. I saw Fox take a decanter in his hand. There was a general row. By his Honor I did not see M'G-rath take any part in the row. Be-examined —The quarrel commenced between Egan and Fox, and I saw Fox take up a decanter. Prisoner took the decanter out of Fox's hand. I w-ent away then for the constables. Only Fox and Egan were drunk. By the Jury—l have known the prisoner for some time. He occasionally comes to my house, but .is not a resident there.

Detective Bowley deposed to receiving two decanters and a tumbler from the last witness. There was some wet blood on one of the decanters when I received them. This closed the case for the Crown. Mr Button said that he should not call any witnesses. The Crown Prosecutor summed up the case for the Crown, contending that there was a clear case of circumstantial evidence against the prisoner. Mr Button addressed the jury for the prisoner, and urged that, although there was no doubt a blow had been struck, yet there was no evidence to show that prisoner had struck the blow. On the contrary, there was evidence to show that prisoner objected to the decanter as an unlawful weapon, for he took it out of Box's hand. It was evident that there was a general scrimmage, and in the melee poor M'Grath got an unlucky blow, which cost him his life. His Honor, in summing up, pointed out that it would not be sufficient to sustain the indictment, that it was very probable it was prisoner's hand struck the fatal blow. His Honor then pointed out that the evidence of Henessey was the only evidence which pointed te the prisoner, who struck the blow, and concluded, by recommending the jury if they had reasonable doubt of the prisoner's guilt, they should give him the benefit of that doubt. The jury retired, and on their return into Court, acquitted the prisoner. The prisoner was then arraigned upon the finding of the Coroner's Jury, and acquitted. He was then discharged.