THE AUCKLAND TRAGEDY.

Ashburton Guardian, Volume IV, Issue 1067, 6 October 1883, Page 4

THE AUCKLAND TRAGEDY.

The Inquest. '"A Coroner’s inquest was held by Dr Goldsboro on the body of J. J. a patient in the Lunatio Asylum, who died from the injuries inflicted by Anthony Schnoll, another patient. Superintendent Thomson was present, also T. Macfarlane, Visiting .Justice,, and W. and C. Mills, 'tons of the deceased. Schnell was present during the injury. Dr Young deposed that the deceased was quarrelsome, but not violent owing to feeble health. He warned all the attendants to be careful of Schnell, as he had a’ready committed murder at Tara'najri, shd riey er to .let him out of sight b eicepT when in his room or by himself. Be could,nqt account for his being in the Ward with Mills. There were three modes *6l exit! from the ward. He had been in terror of such an occurrence, # bmng to.ihe crowded state of the Asylum, ’and the warders were shorthanded. It if as impossible to iaola' e i riminal patients. He had reported this, and complained to the late Dr Skae, to Dr Grabhara, and ■'to thei Colonial Secretary. This was the first murder, but they had had suicides. Schnell never expressed special spite to often said he would killsome-i-body. Ho slept in a room by himself. Schnell gave as a reason for killing someone that he wanted to be killed him- ■ self. ■; ■ Dr Hooper deposed to making the post mortem. •' - Geo. Hardy, chief attendant, deposed | to cautioning the concerning Schnell by order of Dr Young/ He did so last Monday. He could not account for Schnell being in the ward with Mills, un- | less attendant M‘Oalvery had crossed.the , door and shot the lock without locking the floor; The storeroom might not -have been looked, as no patients were supposed jto bq in.the ward. He had no reason to, -boiqplsin; of M'Cslvery, who was an in? *telligent and 'careful man., A juror said it was rather, curious that there should be two mistakes. First, a man getting into thp Iward at all, and next, that he should Snathe storeroom open, so as to be able .to get & scrubber. ; The witnesk M explained that .lately Schnell ifea trusted to do some little, worfcwh&h ap attendant was present* but neveh| alone.i/ jHe rhad requested to.be allowed to do some work. .1 Jam6s M'Calvery, warder in charge of ward where the tragedy occurred, depossd'thSt'lie turned the inmates into the airing yard, spve Jolly, and'jlocked the ward up properly. Five minutes after-, wards be was informed that Schnell. had murdered Mills in the ward; He believed >tho othet ; -two doors were locked. He could .not make out how Pchnell got in 4ftei?-beingf.locked oiit.. He was a quiet patient, and- f nly mad on the. murderous point. It was not possible he could have keorefeda- scrubber. He was certain Schnell was turned out into the yard with Mills and the rest, and he could notuiLcodnt .fcr-his belng in the ward, or how Mills* and be got together there. It was customary for him to go to breakfast afterwards. He could not swear that the scrubber was in “the ward trheb he went to t breakfast. .He.could in no way ac'oouhv fo^‘ J how in five minutes the man ' couldget into the ward- and commit the murder. William Byrne, warder, deposed that 'Philpotta, told him that Schnell was in the ward, and said he had killed a* man. He rushed - over .and opened the door of the ward with his kspyit being locked. He could not say fie saw Schnell and Mills in the yard, as there were ~l3o’nien in the yard at the time. -It wa&ptossible.-for them to get into the ward without his seeing them, as ha was at the other end. of the . yard, bat the door be’referred to was locked, and they did not get in by that. Wm. Philpotts, warder, deposed he did not remember seeing Schnell or Mil’s in the yard that morning. . Patient E. Jolly, who was’ in, the ward when the murder was committed, Was, at the desite of the Horeman, sent for to find whether anything, could be .ascertained from him. ' -r^ Mr Hardy said he did not think- much information could be got from him, and what he .gave would fie unreliable., ,-jß.e li'owOver, brought into the Court, where he was seated for some time, but his manner’and'utterance showed he was a gibbering, idiot. . . ..., Tie Cqronejr said,, after the patient inwMch.haa.;takea place he did not. tfyink’ be. wise tq caU this palient to give evidence. In fact his evidence xould not fia received;.- He would briefly, go thtough the evidence which had beengivep. Dr Young, Medical Superintendent, who bad large experience, Haying bad the management of this asylum for many years, deemed it necessary that extra’ precautions should be adopted regarding this maa-.Sohn.ell, on account of bis homicidal tendencies. This man was sent by him (Or Goldsboro) while he was dOfhg duty as'Gaol Surgeon, to the Asylum with the approval of the Colonial Secretary, befriuse be"was'so violent, and made up fiirjmind. to.destroy soma. one. He felt it • was incumbent on himtoahed blood, so fieb bad him transferred to the; Asylum, fadihe- vaeknown to be dangerous. .’ .The gmiUestprecautions were adopted regardInghim, hot accidents might occur., .The lock.of. the door might hare been bolted, orthe ; man might have-.-secreted-himself; pt the scrubber might have been found insome other part of.the yard; It was just thatrthejury Ph°tild take cognizance.of the baridps .iddifference 'of the man who had beeirbsfofe them all day, knowing, as he did, that he had committed an hideous crimp; and that he had pre viously*committed an hideous murder for tthidt he Was’sentenced to die at Tara-, naki, but.hkyipg axhibited .symptoms of' . Insanity fais'ne?k was saybd', and he was sent to Auckland gacL, His actions throughout were stealthy, quiet, and catlike, biding his time and taking advantage pi- any possible .opportunity for finding ..a.- door open till he struck the / fetal blowl j The. only .doubtful witness tyas;- MfCalvery, the warder who, had qhaCgeTofthe prisoner. He had not given hi# (evidence so. nicely as he (Dr Goldsbro)could:.wish, although he had not in 1 as f Lway-iicrimiasted himself, .and had shirked no question, but he had a deepen-- - He' might, ‘■ however, inform the jury that'- this warden' had been at once suspended;by-Dr Young, 'fhe jury hadbotto deal wlth M'Calvery’s conduct at-all.' l _ ! The'criminallaw could not touch Jrf&jWrAifa hand had struck no blow, but the Lunatics Act could pronounce against him if he had been~gailty of gross negligentoj bat that was not. proved in evidence, -and the Criminal Act could not tOtteh'him. _ -The weak points in the evi- . deinW-wetehow this man got’the weapon - With'-which- the blows were inflicted, and hdw' ’these men. Mills and Schnell, got , into the ward. That was not shown. The ■ablitorities of the Lunacy department woald ; investigate against M‘C*ivery, and what the'jury bad -to deal with was the verdict as to the cause of, the death of Uilfe- T, !;lt v.,qs a case of murder ; it was < npt’ manslaughter, for Schnell had deliberately " made up -his mind to mtiifier someone, and he did so. Tlre.law,W«B quite Inoperative, for this man #«a‘ nbt 1 responsible for” his acts, yet the’verdict of the jury must be returned agAthat 1 - him, - and it would be f rfr - the Odlcdlisd"Secretary to decide.what should dona with him. The Coroner then exY%lain*d to the jury the difference between Kh manslaughter add-murder, and said if they ijj Jth retire to allow them 'to rj'ooidbdw tfieir verdict. 1 ’ ’ ■ The foreman said .this was unnecessary, a verdict of “ Wil«