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.FOUGHT FOR HIS LIFE.

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FOUGHT FOR HIS LIFE. TRAGIC STORY AT THE ASSIZES. FIREMAN CHARGED WITH MURDER. PRISONER TELLS OF A FEARFUL STRUGGLE. FOUND NOT GUILTY AND DISCHARGED. At Glamorgan Assizes on Friday, before Mt. Justice Jelf, ia the first oourt, John Klingebiel (35), a German fireman, was indicted fur the murder of John emIth, said be a Ru-Tsian subject, on April 22nd, at Cardiff. 8i.r 1) Bryninor Junes, K.C., M.P., end Mr. Hew. Williams, M.P. (instructed by Mr. Laurence Richards. Swansea, on behalf ot the Treasury), appeared for the prosecu- tion, and Mr. Ivor Bowen (instructed by .Mr. Morgan iiees, Carditis defended. In opening, Sir ilrynmor Jones said the story was a sad and tragic one. Prisoner atid the deceased were seaman who had ar- rived a.. Cardiff on April 21st, and eaily in the morning of the ^2nd they went Uxirdme-housse t Loudon-squ:ue, (Jarclitt- Ttie two men, when in the kitcuen, ior beer, and they v-ere supplied w bottlei At eignt o'clock next mornuig gas in the kitchen was still burning; <«ier lying ou a couch, and <1^ was lying dead, with his head an covered with blood, on the ooor. ey']Cj Ada.ns arrested ie prisoner, a31" 11 > to enoe would show that decea.se*d aPP^rUe, have died within two hours ot J; the boarding-house keeper, deceased men ,,a the kitchen. Undoubt>edly A* <«'» tu airecte of fchoCt produoed L.. wounds been indicted by the prisoner. The evidence was interpreted oner Ivy a Germa-i interpreter. J. Scarpartie, an Italian, said t e pn^ and deceased came tc his house at q t, three on Sunday morning, April 22nd Smith was "not extra drunk." A young man named Jansen was in the kitchen, but he shortly after their arrival went lo bed A quarter of an hour afterwards wit-nees wpnt up stains, leaving the crisoner and deceased together. The prisoner had been applied with tour half-pint bottles, and prisons had joined Smith by drinking out of the same bottle. When witness left the room the pair appeared to be very friendly. Witness heard no disturbance of any kind, but a* eight o'clock next morning witness described the condition of the kitchen. Smith was lying dead near a big American sio.e • thsre were broken bottles about; prisonc was lying in another part of the room apparently asleep: the gas was still burning and the Art-guard (with blood (stains ypon it) wa.i 18 inches from its proper place, near the deceased's head. n answer to the Judge, witness said "The men were rot extra drank, but they hadn't had enough." His Lordship said it would have been more prudent not to have given them any- thing they asked for, if witness did not think so. Witness said that was right enough. P C. Adams spokft to being called to the underground kitchen The prisoner was lying asleep on sofa., with the deceased face downwards on the floor. The prisoner was badly injured on the lip. JIe was oovere.) with blood. When arreeteid, pris- oner said he did not understand what the offioe- said. Prisoner said that in English, which be could speak fairly well. In ans- wer tc the formal charge prisoner said "I didn't kill Smith at all; we went to fight .'ibout the engineers on board. He WAS in trouVe in the morning with the second engm^ on board. H struck me first with a bottle, and then struck him back with » bottle. Then he got me by the throat and pat his arm around my waist And bit my lip- He (Smith) threw me down and stamped me on the chest with his heels He's man twice a* strong as I am. He said TV. kill you, von I said *Yon Pave fit my lip. I will now disfigure your n "nd T truck him on the nose proper.' Cross-examined: Prisoner had a terrible wound on his lip, and other rounds an his face. Jnsrector DavilpR said deceased's fore- bead a.nd face were cut into a palp. 'He took piece of glass from over tho right eye, another from over the left, and piece of glass also from tin cheek. One of the walk and a picture were bespattered, with blood. Dr Buist said he emmined prisoner, who was m a dazed condition, and was covered "with biood. He had an inch wound over the eyrbrow and ;v sixth deep; a laocroted wound on the lip There were several wounds on both hands. Postmortem ex- amination of Smith disclosed several irregu- lar shaped wounds, the largest on the face bein^ five inches long and half an inch deep This wound involved two fair sized arteries Another wound extended across the nose, the nasal bones were broken across in two places. There was another large wound, five inches long, on the lower part of the nose, and opening up one of the nos- trils. There was also a.n abrasion on the chest, superficial wounds on the hands; there were wounds on the top and back of the head—in all about 30 or 40. Some of the wounds might have been inflicted by the fireguard, upon which was blood and some hair adhering. Death was due to shock and hemorrhage, caused by the wounds. Deceased was six foot, and a very Dowerfu' and muscular man. (The prisoner is five feet five.) There was nothing to in iicite prisoner had been stamoed upon. Cross-examined: Prisoner did oomplain nf pain" in the chest. In an equal struggle prisoner would have stood no chance. The wounds, witness thcueht, were caused by several blows. The lower part of prisoner's lip was hanging. Prisoner sf.id he haA been working nearly IS years on British ships and always had good diMTharfjes. Deceased ( vho was fire- man) and prisoner were the be* of friends, and were aboard the "Cayo So to. Smith and the second engineer had a quarrel. After having '.he ship at Newport they had » meal and then a drink together. At one place they met throe of the engineers, of the oat. The second engineer asked prisoner fO have a drink, but not Smith Deceased and prisoner came to Car- diff. Coming to the boarding bouse pris- oner said Smith asked for ten bottles of beer There was another man in the room aJnu. that time, but de-ceased said they didn't want anyone else in the company. Smith then ordered ten more bottles. Judge- How many were supplied? Prisoner: 20 full bottles on the table. Prisoner said they had three apiece while Scarpartie was in the kitchen, and Smith opene-J two afterwards. Smith turned colour, a.nd he then knocked the tops of 1 two bottles and drank the beer. Smith asked if prisoner was going back to the same ship. Prisoner replied yes, and then Smith wanted fY> know what he had to do t with the second en?iner in the puSTlc louse. Fri&one. said ail that, took place was the second engineer inviting prisoner to have a drink Smith said he spotted him and hit prisoner on the face. using a filthy ex- pression. Then Smith got another U>ttle; prisoner tried to get. through the dooT, but deee.Tsrr: seized hi i by the throat and pris- oner hit Smith, with a bottle from which he had been drinking, in the face. Smith then bit prisoner's lip and got prisoner dovm and kicked him Priwmer "auaoh1. hold 0: his foot "nd prisoner fell. Prisoner, j'tmpins: up. tri:-ri to make for tlw door, but Smith caught hold of his neck Smith then hi prironer 'n the face, and prisoner struck him vHth his fist. Toth fell to the floor, and Smith I'm his Lead on a broken bottle. Smith then nearly choked prisoner on the sofa. They got on the floor, and Smith said he would n'it go before prisoner was 'dead. Prisoner took a bottle, and hit him in the face, how rnanv time he could not tell. Pn- f-OT-pr then hnd a blow in t h'> neck and one in the throat. Prironer, who did not re- member more, ^aid he did not- see the fim- guard. Smith could :ako three of i.risoner's size. Cross-examined Prisoner was not drunk when they got to the boarding house. Sirf Brynmor Jones, in addressing the, jury, said he did not ask the jury to find a. verdict of murder, but whether the iMa-s was guilty of manslaughter or excus*b homicide. ^T- Ivor Bowen contended that had acted in self-defence. t>.e His Lordship, in summing upt -&6kLla the jury to consider v hether prisoner nad that the quality of his act was.not* felonious one, \nd whether they •!b 'J "is story. TT. "ACTED IN SELF-DEFENCE. His Ivords ip a<Jded that if it boruding-houfe? keeper of stairs with the g»s on with 20 .u.w beer, it was a scandalous thing- thov believed the story of prisoner was true .hey should bring in a verdict of ma g — Further, it was or-n for the jury to find .hat prisoner acted in' relf-defehce. .The prisoner was found not guilty and discharged. l

-..LÀ WILL BE A SURPRISE.

.. ACCIDENTALLY SHOT.

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|HANGING TO A TREE.I ii i…

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