FATAL FIGHT.

Gisborne Times, Volume XVIII, Issue 1491, 27 June 1905, Page 2

FATAL FIGHT.

CHARGE OF MANSLAUGHTER. (Per Press Association.) Auckland, last night. John Henry Fairhall was charged with manslaughter by killing Arthur Henry Burfoot in a fight on or about May 22. Frederick Freeman said that on Saturday, May 3, at dinner time, ho recollected hearing deceased say he would fight Fairhall for £2. On the following Monday j morning he heard Bnrfoot say to Fairhall, “Let us finish the thing now.” They left their work and crossed to a vacant block. He (witness) followed them. Arriving there they rushed at each other 11 like two cock pheasants.” They exchanged blows, and had a regular “ rough and tumble fight.!’ Fairhall got a couple of black eyes. They both fell twice. The fight lasted two or three minutes. As the fight finished Burfoot said “he had _ had enough.” Fairhall said, “Do you think I am the best man ? ” They then shook haQds. Burfoot did not work that day, and said be bad a sore hand. Frederick Johnston gave corroborative evidence as to the fight, which ho said was more of a wrestle than a fight. It was a fair “ go.” ' Percy Ttillock said Fairhall on tho Saturday afternoon cama to his (witness’) place far a paper. He said he had a quarrel with Burfoot, and said they were going to fight for £2, and he asked him his advice. He (witness) advised him not to fight. Bertram Culpao said Fairhall got away abont ten yards and rushed at Burfoqt, who was standing his ground. They struck one another. Bnrfoot went on his knees, and Fairhall was about to strike when two spectators told him not to. The flight then ended. Dr Robert Stopford said that Burfbot was suffering from concussion of the brain, with slight paralysis on the right side. Blood and a lp.ceratod wound were on the lobe of the left ear. Tho deceased improved right up till the following Monday, when witness was sent for, but the man died on Monday, the 23nd. He made a post mortem examination. He opened the scalp, and on lifting the oap found a bruise well back on the top of the head. The membrane of the brain was tremendously engorged with blood. On removing the brain he looked for a fracture, but found none. There was a laceration extending for about three-quarters of an inch into the substanoe of the brain. The laceration which caused death was duo to violence. The supposition was that the blow on the car oaused the laceratiou of the brain. It was equally probable that laceration was caused by tho immediate shock of a fall. Decoased did not have an ounce of fat upon him, and a blow would be. felt more by him than by a man in better condition. There wore no signs of any excessive violence, The hit on the ear was the cause of death indirectly, but it was not a heavy blow. Jasper Burfoot, brother of tho doeoasod, said that his brother bad said that be had been in a 11 Borap.” He pointed to tho left side of his head, and said, “ I feel a bit sore here wbDre Fairhall fell on me.” Three or four years ago his brother had eopouesiqn of the brain caused by a fall from a horse. The Magistrate said that from a legal poiat of view overy blow struck in that fight was unlawful. The fact that they had agreed to fight was no justification for so doing. If he was dealing with it as an ordinary assault oase he would dismiss it, for he felt convinced the fight was a fair one.

Tho case was adjourned until this morning in order to giveßMr Beid, tbp accused’*] solicitor, an opportunity to s,how that on the evidence a crirpdnnl charge could not lie.