WAINUI FATALITY.

Gisborne Times, Volume XXIII, Issue 1916, 27 October 1906, Page 2

WAINUI FATALITY.

THE INQUEST.

An inquest ooncerning the death of Franoio Dougherty was held yesterday afternoon before the Coroner, Mr Barton, S. following jury ;—Messrs 8. T. Stanton (foreman), Dudley Trent, 0, G. Piesee, F. J. Parker, J. Thompson, and Thomas Doree.

William Hogan, laborer, residing at Gisborne, identified the body at the morgue as that of Franois Dougherty, whom he had kuown for five or six vears, Wheu did ycu last see him alive ? Witness: About halfpast 2 yesterday. I cams into Gisborne with him from Wainui, reaching the post offioo about 1.30 pm. My brother Edwurd was with us. Deceased was driving the horse, attached to a epricgcatc. You staried from deceased's houa(j - *, Yes,

Had yon seen deceased in town before this?—Not on that dey : wo drove in together. Bcforo leaving his hoosa bod you any drink ?—Yes ; I had a glasß of beer. His Worship : Had deooßS6d any ? Yes, he bad about a glas”. How many botilas did yon drink before you left tbe bouse ? Witness: The three of us finished two pint bottles before wo left tbe house. Was the deoeased the worse of liquor when ho loft tho bouse ? He was under tho influence of liquor when he left the house, but he know what he was domg all the same. Tbe Sergeant: But before you got the two bottles ?—he wbb under the mflaenoe thon ? Witness: Yes. Where did you go then ? Wo went to tho Taranganui Hotel — deoessed was driving. We all went into tbo hotel, where Dougherty called for drinks. What drink did yon get there ? Witness : I hsd two glasses of " shandy, gaff,” and deceased had a email glass of “ shandygaff.” Tho Bergeant: At that time ? Yes. How long did you remain there ? Witness: About three-quarters of an hour. Did yon have any more drink there ? I had a seoond glass before leaving—two altogether. Did deceased haye any more? Yes, another email glass of “ shandygaff.” Tbe Sergeant: You had two bottle eof beer before leaving tbe bouse and two glasses at tbe hotel.—What was his condition ? Witness : He was quite ccol. His Worship : Was he sober? Witness: He had liquor; he was not drunk. You said be was under tbe influence when be left the house, and he bad more drink after that ? Yes, but he was quite cool,

His Worship : Did he not show signs of liquor ? Wiinesß: He w«s quite 0001. His Worship : Then you say that ns he

dratjk more liquor the signs wore off ? Witness: He was quite cool. Was he epber ? Witness: I could not swear he was sober, but be was quite cool. His Worship: You said he was under the influence when he left the house, and that be bad two more drinks. Witness: I eaid be had liquor in him. You said he was under the ioflaence. Yes, I say that. At this stage tbe foreman suggested that other witnesses should not remain in tbe Court, aod His Worship made an order accordingly. Continuing, witness said they drove off to deceased’s home. Deoeaßed was driving. He drove at a moderate paoe so within sis or seven chains of his own house. Then he whipped up the horse, and made it go at full gallop. My brother tried to take the reins, but deceased would not let him have them. I agreed with my brother in that because Dougherty was not driving safely. The Sergeant: What happened then ? Deceased fell out of the trap. At that time he was leaning over, whipping the horee. My brother and I oaugbt hold of the reins and pulled the boree up. It went a chain and a half before we could do that. My brother went straight on and put.the horse in the paddock, and I came back to see whether Dougherty was hurt. Deoeased did not speak. He was lying jast ofl the road, breathing lightly. He never spoke. I lifted him and placed his head agaiDst the bank, and sent for the police. Dougherty died while I was there. While at tbe hotel deoeased booght 11 bottles of beer, which were put into and left in the trap. We did not drink any of that on the way out. The Sergeant: Do you think it was safe to supply that man with that beer ? Witness: Deceased did not appear to be drunk ; he seemed to know what he was doing. I oouid neither swear he was drank or sober. Who served you ?—The licensee. Have you seen him since ? No. By the Foreman : In ooming he drove at a slow canter ; there waii no soars or anything then. He just flogged the horse when nearing borne. Foreman : How long was he flogging the horse ? —Three or four minutes. How far from home did he fall oat ? About four or five chains. Dr. Cole deposed to seeing deceased’s body at 25 to son Tuesday afternooa. It was propped up against a bank off the road, and was some olothes. Blood was ooming from the right ear, and there was a fracture in th 6 right temple. He attributed death to fraoture of the base of the skull. Edward Hogan, who had been in the trap, gave evidence similar to that of his brother. The Sergeant: What condition was Dougherty in after having the two glasses of “ shandygaff ” hotel ? Witness : He seemed able to look after himself I oouid not say one way or the other whether he was drunk or sober. How long had deceased been drinking ? Witness : I could not say. The Sergeant: Did you not tell mo this morning that he had been drinking for a week ? No, I oouid not say that, I know ho had been drunk, but he managed to go on driving his bullocks. Did you not tell the police this morning that he was muddled with dribk when he went into the hotel ? Witness: Yes. Do you think he was in a condition that he oouid be safely served with drink at tbe hotel ? Witness: Yes, I really think lie was, Witness corroborated his brother’s evi-. deuce as to the other circumstances, excepting that lie estimated the distance from the house to be a chain Jess when the flogging of the horse occurred. When deceased fell out the reins dropped on to the splashboard. By the Foreman : Deceased leaned over the cart to slash at the horse. After deceased fell out the horse went about a chain before they could pull up. It was a good road, and deceased was not jolted out.

His Worship : What state were you in ? Wittness: I was sober, sir. He added that they had not drunk any of the beer on the way out. John D. Bell, stock-dealer and drover, residing at Wainui, deposed that he knew deceased and on Thursday lie had seen him about 200 yards on the' Wainui side of the Turanganui bridge, nearly opposite Warren’s Coffee Palace. He was driving a spring cart in company with the brothers Edward and William Hogan. ! The deceased, who had the reins, had his head hanging low, as if he were under the influence of liquor. Witness saluted them ; the brothers Ilogan waved their hands in return, but Dougherty took no notice. The horse was then trotting quietly. They all appeared to have been drinking, though the Hogans recognised him. The. Foreman : When hanging over the cart did Dougherty appear to be absolutely helpless

Witness : Yes, lie appeared to me to be

His Worship: The evidence discloses a very deplorable state of things "It is quite clear that deceased met his death through falling from a cart which he was driving while in a state of intoxication. It is quite obvious that the men who were with him in the cart at the time were also under tho

influence of liquor. That is beyond all doubt. lam quite satisfied that they were in what you would call a very merry state I regret to state that this is the

second ease this week iu which death re

suited, and in which drink had to do with it, Ido not know that I can assist

you in arriving at your verdict. Tile jury retired for four minutes, their verdict being, 11 That Dougherty was killed by being thrown from a cart whilst in a state of intoxication."