FATAL FIGHT

New Zealand Herald, Volume LXXIV, Issue 22616, 2 January 1937, Page 2 (Supplement)

FATAL FIGHT

DEATH OF A BOASTER JUDGE DIRECTS JURY FAMILY FRIEND SET FREE Instructing the members of a jurj that there was no evidence before them to convict a man of manslaughter, , Mr. Justice Charles, at Somerset Assizes recently, directec them to return a verdict of " Nol guilty." The man in the dock, George Henrj Godfrey, aged 38, of Dundry, wai accused of unlawfully killing Anthony John Ellery, of Moro Coro, Bishopsworth. Mr. Holt, prosecuting, statec that for a time Godfrey, a widower had lived with Mr. and Mrs. Ellery and trouble arose between the two mer over the wife. Eventually Ellery turned Godfrey oul of the house, and the following daj Mrs. Ellery followed accused to Bed minster. Ellery persuaded his wife tc return to him, and Godfrey went intc lodgings at Dundry. From time to time the parties met, but Ellery and his wife were on such terms that fight: took place between them. Couple Quarrel , Onco Mrs. Ellery was talking tc Godfrey when the husband camo uf and knocked a jug out of her hand There was another fight, and Godlre\ separated them. On the night oi August 15 Ellery and his wife wont tc a local hotel for dinner, nnd Godfrey also called. He was the first to leave. Returning home between 10.15 anc 10.45 p.m. Mr. and Mrs. Ellery (lis covered Godfrey standing outside tlx gate of Moro Goro. The two men sai< something to each other, and a fighl followed. Mrs. Ellery ran for assistance, anc returning found her husband's boch lying inside the gate. Later he wa: removed to hospital, but was found tc be dead. No weapon was discovered on God frey, proceeded Mr. Holt, and tin cause of death was a blow delivered t< the right of the stomach. Mrs. Iv.v Louisa Ellery, the deac man's widow, was asked by Mr. Holt "Could you see who struck the firs blow?" —"Xo," she replied. What did you do when you saw you: husband lying on the ground?—l callet Godfrey a coward. Did you tell Godfrey anything abou your husband?— Yes, that ho hat beaten me. Blow Upon Heart Mr. K. Bain, defending, rose t( cross-examine, but the Judge remarked "She says there was a fight and fell to the ground. She cannot say whe struck the first blow, and you cannoi better that." Mr. Bain thereupon asked no ques tions. Dr. L. C. Oliver, of Bristol Genera Hospital, stated that in Ellery'! stomach was a superficial abrasior about one and a-half inches long am three-quarters of an inch wide. Ho con sidered the cause of death duo to tin effect of a blow upon the heart. Mr. Bain: The blow might hav< boon caused by falling on a stone oi against a "gate?— Yes. Police-Constable Blackmoro told hou Godfrey was asleep in bed when h< called to arrest him. Accused, wher informed of the charge, replied, " haven't caused his death." In a latei statement Godfrey said: "I didn' want to hit him at all. He tried to bit* mv log. Tie let go at mo two or threi times, and J don't suppose I hit bin moro than twice. I had to take nr own part." Godfrey added that there had beer previous quarrels. At this stngo the Judge stopped tli< case. The prosecution had shown, obscrvec His Lordship, that the dead man wai tho aggressor, that he had flogged hi: wife, and had boasted that when i camo to a fight he was the better man The jury formally returned a verdic of. "Not guilty," and Godfrey was re leased.