The Hastings Fatality.

Hastings Standard, Issue 444, 6 October 1897, Page 3

The Hastings Fatality.

THE INQUEST

An inquest on the body of Henrv Storey was held at the Court House to-uav 1; ■■■■•'• Acting-Corner J. Arnott. Ihe louowmg

jury were sworn in:—Messrs IT. H. Hunt (foreman), A. A. George, H. E. Thomson, J. Hodd, F. C. Tipping and T. 11. Spencer. Mr Lee appeared on behalf of the accused man, Thomas MT'hail. After examining the body, the following evidence was adduced : John Gardiner, sw::rn. d».pc*ed that he was a cc>k residing at Matak;wi. Knaw deceased Henry Storey. Saw bim Inst alive on Monday night, 4;. h October. Was in Coulton s Hotel, and they had a drink together at the bar. M'Phail and Driscoll were also in the bar el the time. Had two drinks each, and the barman refused to serve any more. Deceased asked witness to go to OTteiily's. .Deceased went out and witness remained speaking to Mr Canlton. When witness went out deceased was stretched on the footpath. Had heard the fall. Spoke to deceased. Said "Get up Harry out of this,"' but got no answer. Lifted deceased up and got him on the doorstep. He did not speak. There was blood running from his nose. He sat up without assistance. Did not think lie was dead then. Saw M'J'had standing on the corner of the footpath 10 or 12 feet away when I went out of the bar. Do not know what caused deceased to fall. Heard someone say, " You old 1 " It did not appear to be said in an angry tone. Three constables were on tiie scene within five imnutc-s and carried deceased into Cati'tcn's Hotel. Deceased was known as Henry Susey when working at Hood and Walker's Glendonald Station. He was also called Henry Storey. Deceased and accused had no words together when in the bar nor at any other time to my knowledge. Deceased had been about the Victorian and New South Wales diggings since 1841. Considered deceased sober. Had two long beers each within ten minutes. Charles Ilenrv Shattky, barman at I aulton's, said he knew deceased by sight but only recently learned his name. Last saw him alive a little before 9 on the evening of 4th October in the bar. He came in bv himself and had a beer by himself. Gardiner, Driscoll. and M'Phail were in the bar. Deceased shouted for Gardiner ; they each had a small glass of beer. They wanted more, but witness refused to serve them. They were talking and were rather noisy. Deceased did not appear to be drunk, but might have had a drink or so before he came to the hotel. Deceased. Gardiner, MT'hail, and Driscoll were all talking together. They did not leave as requested, so witness went round, took deceased by the ana and led him out on to the footpath. No force was required. After putting deceased out lie ordered the other three men out and they went. Tin: four men were ail sober. Deceased was very cantankerous, excitable, and inclined to be quarrelsome. Deceased was not quarelling with accused but thought he made a hit at Driscoll. "When deceased was put out witness warned him not to come in again. Know nothing about subsequent proceedings until de-cer-sed was c;u ried into the hotel by the police. Should think about halt an-hour elapsed between putting him out and his being carried in. Knew accused by sight and had seen him in the bar several times. He was not of a quarrelsome nature and always conducted himself respectably.

I>r Linney detailed the results of the ; iticrltiii examination made liours after death. Deceased was apparently nearer 70 than 65 years of age. The only external marks of violence were a little dried blood which had oozed from the right nostril and a slight abrasion of the skin at the back of the head over the occiput. On opening the chest both lungs

and heart were healthy. There was a slight adhesion between the liver and abdominal wall showing that deceased had on some previous occasion had inflammation of the covering of the liver. The kidneys were healthy. The bloodve .sels of the stomach were a little congested, otherwise the stomach was healthy. It contained very little fluid. On examining the head found the scalp cn the right side and over the right ear was very dark in color. On removing the scalp found a quantity of dark congealed blood, extending from the occiput to the forehead, and over the right side. On further examination found a longitudinal fracture in the occipital region extending to the base of the skull, and which had opened the longitudinal suture through the whole of its length. On removing the skull cap a quantity of dark congealed blood was found between the membranes and the skull. On opening the membranes found diffused blood, especially about the smaller brain. The brain was otherwise healthy. The cause of death was undoubtedly pressure on the brain from hemorrhage caused by fracture of the skull and lasceration of the blood vessels. The bones of the skull were abnormally brittle, probably due to age. The reason why witness thought so was that the longitudinal suture was opened up through the whole of its length. This is an almost unheard of occurrence. Sawno marks on the face as if from a blow.

A blow with the open baud would not necessarily leave a mark. There may have been a slight blow on the nose to account for the bloo.l. It was very trifling. William Egan, shearer, deposed that he was in the Pacific Hotel 011 the evening of the 4th looking at the weights for the races. Heard a row in the front bar. Saw two elderly men arguing with each other, but do not know who they were. M'Phail was also there, but was not doing anything. The twq barmen went in and K-movcd one of the old men (the deceased) into the street. The other old man was also passed out. Witness went out by the Market street door with two other men. Heard some talk in the doorway of the public bar. After a few words had been spoken M'Phail came out of the hotel. Deceased and the other old man were standing on the footpath together. They did not seem to be drunk. The two old men seperated, deceased remaining near the bar door. Accused walked towards deceased and spoke to him, but he did not hear what was said. They both seemed angry. M'Phail had his back towsrds witness, deceased being further away. M'Phail lifted his right hand and hit out at deceased. Don't know whether he hit him or not,| but heard the noise of a "clout." Saw deceased fall on the footpath on the broad of his back. Heard a loud crack, "Went towards deceased to pick him up, but others were there before me. They sat him on the doorstep. Told accused " he was a cowardly brute to hit an old man like that." He replied that he did not hit him, he shoved him. I said " You did hit him, you cowardly brute. ' Accused then turned away. An old man went for the police and accused walked towards O'Reilly's, From the time the men came out of the hotel until the blow was struck was not more than two minutes. James Robb, sworn, said he was abreast of the Heretaunga road door of Caultoivs Hotel when lie heard a crack and saw an old man lying oa the iootpath. Picked the old man up and said " Who did this."

;i him on doorstep. May have '-:ul resistance, but did not recognise r.av particular per r>n. The man did not reply when spoken to. Young C'onnop struck a mutch at my r< quest, Fell his head all over, but could not see anything \vrong with him. There wan. a little blo-.d coming from the nose. Thought thi.re was something wrongwilli the base of the <:kn!', but did not know what: it was. Told the old mail (John Gardiner) to sit down and look r.fter him. Witness and Mills went down the street and informed the police of what had occurred. Gardener was not exactly sober. John "William Wills corroborated the last witness, and added that Captain Bennett told accused he ought to be ashamed to hit an old men. Accused said he was sorry if he had done him any harm as he only pushed him away. Harold Connop gave unimportant evidence.

Constable O'Brien deposed to noticing two men oil the doorstep of Caulton's Hotel. One w:is sitting erect and the other in a half lying position. He and Constable Smith lifted the man on to his feet and found he was unconscious. They carried him into the hotel, when they found he was perfectly dead. Witness and Constable Smith then went out into Heretaunga street and arrested accused, Thomas M'Phail. Heard Recused say, " I have been looking for you as I pushed a man in the street,' also "I did not mean to hurt the old man." Heard Constifele Smith tell accused that the man was dead and he would have to arrest him. Accused said, "Very well, I will go with you." On resuming this afternoon Constable Smith stated that from information received he found that the correct name of the deceased was Harry Susan and not Henry Storey. James Donnelly sworn said he knew deceased under the name of Ilarry Susan but had lost sight of him for 12 or 14 years. He identified the body as that of Harrv Susan.

The jury returned the following verdict : "That the deceased Harrv Susan came to his death on Monday the 4lh October, by reason of a fracture of the skull caused by his falling upon the pavement in Heretrtunga road by .reason of a blow or push delivered by Thomas M'Phail, but in the opinion of the jury there was no intention on tha part of Thomas M'Phail to injure the deceased."