MANSLAUGHTER AT LEESTON.

Globe, Volume IX, Issue 1231, 13 February 1878, Page 3

MANSLAUGHTER AT LEESTON.

INQUEST. An inquest was hold at Loe's Leeston hotel, on Saturday, 9th instant, before E. J. Lee, Esq., Coroner, and a jury, of whom Mr J. J. Loe was chosen foreman, concerning the circumstances attending the death of a person unknown upon the Rakaia. The inquiry was conducted bj Inspector Hickson on the part of the police. John Levitt, Da-rid Campbell, and Edward Buckler were brought up in custody. The latter two were discharged by request of the police. Dr. H. H. Ohapman deposed that he was a duly registered medical practitioner. He had made a post mortem examination of the body in question, which was well-developed and nourished. Two marks were visible on the forehead, one near the centre, below the line of the hair, the other a slighter mark on the outer angle of the right eye brow. The vessels of the scalp of the head were full of dark blood. On opening the skull a considerable quantity of thick dark blood escaped from the Binews of the head. The covering of the brain was slightly adherent to the bone of the skull. The brain itself was very deeply discoloured on both front parts of the hemispheres, due to infiltration of blood to the two coverings of the brain. The same discolouration was present also on the upper surfaco for some distance, and on the side of the left hemisphere of the brain. All the blood vessels of the brain and membranes were very full of blood. Thero had been sufficient injury to the brain to cause death, so that he did not consider it advisable to examine any other parts of the body, as there were not any visible ' »srfce cj Tierce.

By the Police —The immediate cause of death was concussion of the brain, combined with contusions and bruises. A blow from a man's hand could scarcely have caused the death. A fall on stones or hard ground might aocount for the contusion on the back of the head, but not for anything else. He did not consider the mark on the forehead could arise from a closed fist. It might be caused by a stone, stick, or kick. The injuries were all caused before death. The concussion was not so severe as the bruising of the brain. Death must have ensued shortly after receipt of the injury. Recovery from tho concussion might have been possible, but the woundß must have caused instant death. By a Juryman—Blueness of back of ears and shoulders came on after the death. By the Police —The apparent ago of deceased was twenty-five to thirty. Witness hnd no doubt thnt death was caused by the injuries to the brain. There had not been any fracture of the skull. Had not examined the heart. jjjJ'jjDavid Campbell, a farmer residing on the banks of the Rakaia, deposed that ho had seen the body. Deceased had been in his employ harvesting for tbfc last month. On the day of the accident, being under the influence of drink, ho wne at work during the part of the day only. Witness had sent John Levitt to the Rakaia for three gallons of beer, of which they had all partaken that morning. There were four present —the deceased, Levitt, Buckler, and himself. lie went out with the deceased in the evening for the purpose of binding. Had a few words with deceased, who turned round and knocked witness down. Levitt came up with the reaping machine, and commenced fighting deceased. Witness was too much under the influence of liquor to rise By the Coroner—Deceased and Levitt had a few words, but witness was not able to remember the substance.

By Police —They fought two rounds. The deceased was knocked down twice. Neither had anything in his hands. The deceased fell the first time on his back: the second time on his back or side. Levitt was not knocked down. Witness stood by looking on. There were not any expressions or threats used by either. Was quite sure that Levitt had not any whip in his hands. Deceased was a great deal under the influence of drink. Levitt was certainly sober. The deceased never spoke after he was knocked down the second time. Could not remember what was said after the first fall. They seemed enraged with each other. After a time he went to see what was the matter, lifted deceased up and found him dead. Buckler and Levitt then came up and assisted to examine the body. The land was stony. To the best of his belief Levitt had neither stone nor any hard substance in his hand at the time. He (witness) never struck the deceased first. Levitt then started to give himself in charge. Buckler and he went up to the Rakaia for more drink, leaving tho body in the same position in the paddock, having ascertained that life was extinct. Thought it best not to disturb the body as it was the result of an accident. The name of deceased was Thomas Thompson, a native of England. Witness identified the waistcoat and hat produced as having been worn by deceased, who had no coat on at the time. Levitt did not kick him. Was not aware of any ill-feeling having previously existed between the deceased and Levitt. The deceased came by his death about 7 p.m. on Thursday evening, the 7th instant.

Edward Buckler, sworn, deposed that he was a farm labourer in Mr Campbell's employ. Recognised the body of deceased, who was also in Mr Campbell's employ. Had known him about four years. Hia name was Henry Thompson. They came from London together about four years ago. Remembered last Thursday. Mr Campbell sent Levitt to the Rakaia for three gallons of beer. Levitt returned about noon, when the four drank the beer. Witness went to work again about 4 p.m., leaving Campbell and deceased in the whare drinking. Levitt had gone to work sooner. Saw deceased and Campbell go into the paddock where he was working. Deceased beckoned to him. Waited a while, and saw deceased strike Campbell, who fell to the ground. Levitt then got off the horse, and went to Campbell's assistance. Campbell was drunk at the time. Levitt and deceased then prepared to fight simultaneously. Heard deceased say "It is you and I for it," addressing Levitt. They fought for about or.e and a half minutes, when deceased fell. He rose, when Levitt struck out and knocked him down again. Barely two minutes had elapsed between the two falls. Levitt then came over to where witness was standing, and said—" Does he not deserve that." Witness said, "He does. He ought to be cleared off the place." Saw Mr Campbell go to the deceased. Levitt and witness then returned to the body. Levitt looked down and exclaimed " My Q-od ! the man is dead." He examined him "closely, could not. hear him breathe and tried to restore animation by chafing the palms of his hands for about ten minutes. Witness proposed to take the body on the dray to Leeston. Both Campbell and Levitt were averse and recommended leaving him where he lay until the police arrived. They £hen left the paddock and went to the wharo. Levitt asked witness to saddle ahorse, as he intended going at once to the police. They examined the body again, and found that he was quite dead. Levitt then went to Leeston. Was perfectly sober at the time. It was then between 6 and 7 p.m. The deceased and Levitt had never had any cross words, but the deceased had quarrelled with Mr Campbell. Did not see any whip in Levitt's hand during the light. Would have seen Levitt kick the deceased had he done so. Did not see Campbell strike deceased. The deceased was of a very quarrelsome disposition. He came from England in the servico of George Lett. Walter Spring deposed he was a publican at Southbridge. He remembered last Thursday evening. About 9 p.m., John Levitt came to him in the bar and told he had something very serious to say. He then described the occurrence, and said he had come down to give himself up. Asked him to go to the police. He said the deceased had dropped down dead whilst they were fighting. Went to the sergeant of police, and brought him to Levitt. The sergeant then took him into custody. John Barlow, sergeant of police, deposed that on Thursday evening last Mr Spring told him that John Levitt wanted to see him, as some one had been killed. Took Levitt to the police station, where he made a statement. [Statement read by the witness.] In company with Levitt and Constable Davis, he went to Mr David Campbell's farm the sime night. Levitt pointed out the deceased, who was lying on his back. Saw a bruise on the forehead. Left Constable Davis in charge of the body. Could find no marks of a scuffle. Deceased was lying on a bit of tussock ground. Tnere were some stones on the surface. Levitt gave him every assistance to find the body, Took Dr. Chapman over to view the body before removing it. David Campbell, re-called, stated that he gave the Christian name of Thomas by mistake. Remembered since it should be Henry. Owed the deceased about £lO for his share of binding the crop. On re-entering the Court, the Coroner gave a resume of the evidence, and administered the usual caution to the accused

John Levitt then made the following statement —When he jumped off the machine deceased was standing over Campbell, and when -within hiilf a chain of him deceased turned round and faced towards him saying, "It is you and I for it." They then put themselves in fighting attitude. After a minute and a half's fighting the deceased fell. Was frightened of the man and kept retiring. Did not hit him previous to his falling a second time. On seeing him fall prisoner turned and went to his horses, thinking that the deceased had fallen from the effects of drink, as he was very much intoxicated. He then went to Buckler and conversed with him for a time. He then got on the horses and drove the machine about five chains, when he unyokod them. Buckler and Campbell were then standing over deceased. Ho ran to them, and on discovering the man was dead exclaimed, " My God, the man is dead." After about a quarter of an hour's consultation the jury returned a verdict of " Manslaughter " against the prisoner, who was removed in custody, and will bo tried at the »sst criminal $«ho» of tbo Supreme Court,