The Daily Telegraph, Launceston, Tasmania, Australia 4/9/1924 page 8
FLINDERS ISLAND TRAGEDY
THE CHARGE AGAINST ARCHIE DOUGLAS MANSELL. A Nolle Prosequi Entered.
The interest attached to the hearing of the charge of Archie Douglas Mansell, for having on June 2.i, near Whltemark, at Flinders Island, killed Edward Mansell had in no way diminished when the hearing of the case was tesumed in the Criminal Court i before Justice Crisp yesterday. On the previous day His Honor had ask ed the Solicitor-General (Mr L. E. Chambers) to consider if the evidence submitted on behalf of the Crown was sufficient to secure a conviction. The jury empanelled on the previous day was as follows: Chester John Edwards (foreman), Ernest Harold Evans, Alan Atkinson, Walter Gillett, Charles Churchill, George Wright Frederick Patterson, George J. Eyles, John E. Ward, Robert Lawrence, and Thomas Cresswell. Accused was defended by Mr Wil- j frefl. Hutchins. When the case was resinned yesterday the Solicitor-General said that I since the' adjournment of the previous day, he had given further attention to the evidence given on be- j half;of the Crown, and was of the' opinion that he could not say it was j of such a character that it would advance the case for the Crown. The evidence given by Leonard Mansell and T. Rhodes did not, he thought, ! fit in so .well with the independent I evidence submitted. On June 25 deceased and a number of friends were drinking at the hotel, and they became very quarrelsome. Deceased, unfortunately, seemed to have been as quarrelsome as any of the others. The crucial evidence had been given by Leonard Mansell. and he was not satisfied that he was a creditable witness. He (Leonard Mansell) was on June 25 very much the worse for liquor, and he (the Solicitor-General) was not sure that his recollection of what had taken place was very clear. The evidence as to the boots had come to light on Tuesday for the first time. Seeing that He was not satisfied that Leonard Mansell was a man whose evidence was satisfactory, he could not ask the jury to accept it. He wouid not feel satisfied in telling the jury to come to a decision and asked, therefore, for a nolle prosequi to be entered. His Honor said he thought the Solicitor-General was adopting the right course. The deceased had been engaged in a drunken brawl on the I road and seemed to be in the disturbance as badly as the others who were with him. Deceased was in the 'state which is termed 'fighting drunk,' and it might have heen possible that ! he sustained his fatal injuries through falling about the road. He would enter the nolle ..prosequi as requested. His Honor addressing accused said: 'There is no doubt whatever that excessive drinking was responsible for your being in your present position.' Accused was then discharged from custody.