MANSLAUGHTER ALLEGED

Hawera Star, Volume LIII, 10 March 1934, Page 6

MANSLAUGHTER ALLEGED

CRIPPLE’S FATE IN HOME ... t -T» - "•> • ■> - ' FATAL QUARREL OVER WINDOW. ASHBURTON COURT DISCLOSURE. STORY OF VICTIM’S THREAT. (By Telegraph—Fresa Association.; ASHBURTON, March 9. Before justices this afternoon, Harry Kainfrrerly, aged 65, was charged with ffte'manslaughter of Alfred James Ellen, aged 59. The charge arose as a sequel "to an incident on February 19 at the Tuarangi Hom'e, of which both were inmates. The hospital superintendent gave evidence that the death of Ellen was due to injury to l the brain, there being a sear and a depression owing to a previous wound. ■Mrs Knight, matron of the home, stated, that Ellen was admitted last June in a. very weak condition and more or less a cripple. He was always quiet. Harry Hoinor, an inmate, said Earn-’ jnerly and Ellen quarrelled over the opening of a window. Ellen tried to pull the other off a. seat before the’ window, but Kammerly was too big. Ellen held his stick before Kammerly in a threatening manner, but did not hit him. Kammerly snatched! up a cribbage board 14 inches long, four inches wide and two inches thick, saying: “If you strike m'e I’ll throw this board at you.” Ellen threatened again and Kammerly, who was a few feet away, threw the board, striking Ellen, on the right side of the head'. Replying to Kammerly, who' had no counsel, witness said he heard Kammerly say: “Let go, you’re biting me,” when Kammerly was standing on a seat. When Kammerly hit Ellen- one or two clouts on the head Ellen let go. Witness did not remember Ellen catching hold a second time. Witness had not previously heard the two quarrelling. Donald MeC o rkindal e, another inmate, said Ellen was not within striking distance when he threatened Kammerly, who twice or thrice told him to put the stick down. He had the board in his hand a minute before he threw

it. To Kammerly witness said he heard Ellen call him a coward.

Kammerly pleaded not guilty and was committed for trial at Timaru.