DRAMATIC TRIAL.

New Zealand Herald, Volume LXVI, Issue 20244, 2 May 1929, Page 16

DRAMATIC TRIAL.

FATHER WHO KILLED SON.

NOT GUILTY OF MURDER

ACCUSED SOBS IN COURT.. [from; our own correspondent,] ™ SYDNEY, April 18. Although there may be a feeling of doubt whether Alfred Wrigley Ellis, who killed his son, the well-known Sydney jockey, should escape punishment altogether, there were many expressions of relief when his brief trial resulted in his acquittal on a charge of murder. Since the tragic night of March 15, when the fatal quarrel took place, Ellis has been a pathetic figure and there has been profound sympathy for his wife and daughter. On the morning of the trial Ellis arrived early at tho Court and, with his head buried in his hands, he sobbed bitterly. He started as his name rang through the corridors. He walked steadily to tho dock, but ho was obviously distressed when he stood up. His lips quivered while the charge of murder was read out and ho answered almost inaudibly, "Not guilty." Standing with his eyes downcast during most of the time while tho jury was being sworn in he raised them quickly as he challenged five men. " A Very Painful Case." Ellis was in tears, with a handkerchief to his face, while the Crown Prosecutor recited tho circumstances in which young Ellis met his death. The Crown Prosecutor said that it was a very painful case and the crime, if such it be, was brought about by tho temper of the accused, actuated by drink. The allegations were that the unfortunate boy was struck in tho neck by the accused with a glass. Although tho charge was murdor it was competent for the jury to find that it was manslaughter if the circumstances pointed that way. Further, accused was entitled to acquittal if tho act was purely accidental.

When Mrs. Ellis stepped into tho witness box she was reminded that sho was not bound to give evidence against her husband, but sho elected to say all sho ' knew about tho affair. "I had better givo the evidence I gave in tho Coroner's Court," sho said simply. Her evidenco occupied ten minutes. Ellis appeared to bo overcome when ho arose to make a statement, lie nervously fingered tho rail before him and after tho words "Gentlemen of the jury" ho strove valiantly for moro than a minuto to recover his self-possession. Then, sorrowfully and haltingly, ho proceeded. "I didn't murder my son. It was an accident. If the boy had not rushed mo it would never havo occurred. I admit throwing the first glass at him, but there was no intention (o more than frighten hirn. 1 have had a few things to put up y.'ith, 'but lie was a very good boy, and I havo got nothing to say against him. When I throw the ale at him tho boy got mo by tho arm. I turned round and he rushed me and my arm, with tho glass in it, went up and his neck came on to the glass." Remarks by the Judge. The Judge, in summing up, said that tho first thing tho jury should have in mind was that father and son were on good terms. Everyone admitted that tho deceased was a very fine boy iudeed and thero was 110 reason why the father should want to do away with him. "Xo 0110 for a moment will say that he intended to kill his son," said His Honor. "His punishment already must be very great. We have tho greatest sympathy for them both, but you must bring in a verdict according to the facts of the case." It did not tako tho jury very long to bring in a verdict which meant the acquittal of Ellis. When discharging Ellis the Judge said to him: "I am suro that what you havo passed through is quite sufficient punishment for anything that you have done. I do not know what I would havo done with you had tho jury found you guilty. However, tho jury has solved that difficulty." Before the Judge could proceed further, if such were his intention, Ellis, who had been crying bitterly, collapsed and ho had to bo assisted from the Court. Many of his friends waited to greet him outside the Courthouse, but ho was escorted through a little-used exit and hurried away by a motor-car. He did not meet his wifo after the verdict was announced.