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manslaughter of Thomas James GULLERY - Picton

Journal by ngairedith

Thomas James GULLERY (1848-1895) was born in Wellington to John 'James' GULLERY (1819-1900) & Mary Ann COLEMAN (1820-1876) from Ireland
- Thomas had a brother, Simon John Gullery (1851-1942) who married Clarissa Barfield BLIZZARD (1853-1896) in 1873 & had 10 children. He next married Elizabeth Ann BERG in 1901. He next married Beatrice Bentick LANDALL (1870-1944) in 1918

Thomas James Gullery married Mary Jane HARVEY (1865-1912) in 1885
They had the Portage Accommodation & Tourist House at Kenepuru, Pelorus Sound

they had 7 children:

... 1
1886 - 1946 James Henry Gullery
- born 14 October 1886
- James served in WWI as Rifleman 26/668 with the NZRB, 4th Battalion, C Company. He embarked from Wellington 12 Oct 1915, his next of kin was his sister Miss Beatrice Gullery of 124 Duchess Crescent, Hastings
- he married Margaret Elizabeth HARVEY (1890-1968)
- JAMES died aged 60 in Wairau


... 2
1888 - 1960 Amy May Gullery
- born in Picton, 4 February 1888
- Amy married Lewis Frederick GUINNESS (1880-1945)


... 3
1889 - 1952 Nathan Newton Gullery
- born 14 July 1889
- Nathan served in WWI as Private 6/1303 with the 2nd Reinforcements and Private 10/3450 with the 8th Reinforcements. He embarked from Wellington 14 Dec 1914, his next of kin was his sister Miss Amy May Gullery of 124 Duchess Crescent, Hastings. Nathan lost a leg on the Western Front in 1916
- he married Florence Edna HOPE and had 9 children
- NATHAN died 12 April 1952 in Nelson


... 4
1891 - 1973 Alice Jane Gullery
- born in Picton 18 September 1891
- Alice married John 'Jack' NOTTLE (1895-1957) in 1923


... 5
1892 - 1979 Beatrice Dorothy Gullery
- born 4 December 1892
- Beatrice married Ernest Charles LAWRENCE (1895-1975) in 1920


... 6
1893 - 1917 Lawrence Harold Gullery
- born in Picton 8 July 1894
- Lawrence served in WWI as Rifleman 12385 with the NZRB, 6th Reinforcements 2nd Battalion, F Company. His next of kin was his sister Miss Beatrice Gullery of 124 Duchess Crescent, Hastings. He embarked from Wellington 6 May 1916. Lawrence was Killed in Action 12 Oct 1917 in Ypres, Belgium aged 23


... 7
1895 - 1961 Emily Jessie Gullery
- born 10 Sep 1895, 2 months after the death of her father
- Emily married Kenneth Gordon COLMAN (1889-1948) in 1924


NOTE the Ship Hotel, in Wellington Street, Picton, was first established in the early 1850s, it was rebuilt several times. In the early 1890s it contained "four comfortable sitting rooms, a large billiard room, with an excellent table; fourteen bedrooms, and a large bath room with hot and cold water laid on. The bar is stocked with the best of wines, spirits and cordials; and a good table is kept"
It later became known as the Post Office Hotel


On the night of 22 June 1895 Thomas James Gullery visited the Ship Hotel between 6 & 7pm. In the bar was Robert Humber the licensee, a servant girl Amy Alexander, Mr Ashton and George Michael Harris.
Mr Humber said he closed his bar at 11p.m. then went to shut the front door. When he returned he saw Mr Ashton picking Gullery up from the floor and putting him on the sofa. He heard no disturbance nor saw no altercation. Gullery appeared to be in a sleeping condition. Mrs Ellen Humber told him that Gullery had had his ear clipped.
He did not observe any injury on Gullery nor any blood visible anywhere. He went to bed at 11.30, leaving Gullery lying on the couch, in an ordinary drunken sleep, or so he thought ...


re DEATH of Thomas James Gullery
Marlborough Express, 5 July 1895 The CHARGE of MANSLAUGHTER
... In the S.M. Court at Picton, yesterday, before Mr John Allen, S.M., George Michael HARRIS was charged with the manslaughter of Thomas James Gullery
Mr O'Leary, in the absence of Mr R. McCallum, conducted the prosecution, Mr W. Sinclair appeared for accused, and Mr McNab was present to watch the case on behalf of Mr Humber.
The evidence produced was similar to that given at the inquest.
The medical witnesses were severely cross questioned by counsel for accused, who quoted a number of cases of a similar nature.
His Worship, on the application of Mr Sinclair, adjourned the case at 8 p.m., until noon to-day at Blenheim

On the case being called at the Blenheim Court to-day, Mr Sinclair called Dr Cleghorn, who said that any of the three accidents:
1/ the fall over the Torea Track on Friday night
2/ the fall in the Ship Hotel on Saturday night
3/ the puncture wound over the eye,
was a possible cause of the compression of the brain which caused Gullery's death.
The instrument which caused the wound over the eye might have been applied with concussive force. A case had come under his personal notice in which a man who had had his skull fractured while in a drunken state, walked to a London hospital on more than one day for medical attendance, and dying on the fifth day. After the accident, a clot of blood was found on the base of the skull.
Also in a recent case at the Blenheim hospital a boy had been kicked by a horse and rendered unconscious only for a few minutes, was operated on the seventh day after the accidnet and a clot of blood was discovered between the dura mater and the brain, with depression of the bone. There was in this case an ounce of blood in the clot. There were cases on record in which a man went about his business for a month before fatality occurred. The rupture of the brain artery, which was the only cause of Gullery's death, might have been caused by the fall at Torea. The hemorrhage of blood if there was one at that time, might have been stopped by the pressure of blood, and excitement on Saturday might have caused a recurrence of the bleeding with fatal results.
His worship said that there was a prima facie case, and he would have to commit accused for trial at the next sessions of the Supreme Court. He was sorry to have to do so, for he had known the parties interested, for many years, but it was his only course.
Bail was allowed accused in consideration of one surety of 50 from Mr H. Seymour and his recognizance of 100


the VERDICT
... The sitting having been resumed, Mr Fell, Coroner, summed up in a few words. He asked the Jury to study the case well; if there was any foul play, to sift it well out and to give an independent decision.
The Jury retired at 7.10 p.m., and returned at 8.20 with a verdict that "Death was caused from compression of the brain, resulting from the rupture of a blood vessel through a fall, caused, in the Ship Hotel, by a blow delivered from George Michael Harris; and that the Jury is of opinion there was no bodily harm intended."
A rider was added "That gross neglect was shown by the landlord of the Ship Hotel in not taking prompt remedies after the unfortunate occurrence"


NOTE
his widow, Mary Jane next married Samuel Joseph HUNTER (1868-1912)
They carried on running the Portage Tourist House at Kenepuru, Pelorus Sound

they had 3 children

... 1
1899 - 1984 Marion Augusta Grace Hunter
- born 25 February in Raetihi, Marlborough
- Marion married Vernon Douglas REYNOLDS in

... 2
1900 - ? Eileen Elizabeth Hunter
- born 20 February 1900 in Blenheim
- Eileen married Edward QUANT in 1924

... 3
1907 - 1917 Gordon Stanley Joseph Hunter
On 2 April 1907 at Mrs Raymond's Nursing Home, Charles street; the wife of Mr S. Hunter, The Portage, a son
- Gordon died 23 Jan 1917 aged 9 by drowning in the Esk River, near Napier, Hawkes Bay after he fell down the bank


Marlborough Express, 28 June 1910
... The many friends of Mrs Samuel Hunter will be sorry to hear that she intends leaving The Portage, the well-known tourist resort. Mrs Hunter has let her accommodation-house for a ten years lease and intends, accompanied by her family, taking an extended trip. Mrs Hunter has been a resident of The Portage for over 26 years, and both tourists and residents of the different Sounds will regret to learn of her departure. Mr and Mrs Hunter are undecided as regards their future home


MARY JANE died 12 August 1912 in Hastings aged 47
SAMUEL JOSEPH died 17 August 1912 in Hastings aged 44
Marlborough Express, 19 August 1912 The death is announced of Mr Samuel Joseph Hunter, at Hastings; closely following on that of his wife. Mrs Hunter, who was the widow of the late Mr Gullery, of the Marlborough Sounds district, died on Monday last at Hastings; and Mr Hunter's illness terminated fatally on Saturday. The deceased gentleman, who was 44 years of age, was a son of the late Mr J. Hunter, the well-known settler of the Tua Marina district, and at one time resided in the Pelorus Sound, where he held the proprietorship of the Portage Accommodation House.
Three young children have been rendered orphans; and a number of children by Mrs Hunter's first marriage are also bereaved. A brother of the late Mr Hunter is Mr William Hunter, of Havelock, and there are also brothers at Wellington, Raetihi and Masterton. Mrs T. Higgs of Masterton, Mrs R. Pigou (Elizabeth Ellen 1872-1959, wife of Robert Arthur Comyn Pigou 1858-1933) of Spring Creek and Mrs M. O'Neill of Blenheim are sister of the deceased settler, who was much respected in both the Marlborough and Hawkes Bay districts


PHOTO
The Portage

Pelorus Sound Where Fiordland is Fairyland

by ngairedith Profile | Research | Contact | Subscribe | Block this user
on 2013-03-21 06:34:19

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