SECOND EDITION. HORRIBLE CASE OF MURDER AT NAPIER!

Hawke's Bay Times, Volume 7, Issue 343, 22 January 1866, Page 1 (Supplement)

SECOND EDITION. HORRIBLE CASE OF MURDER AT NAPIER!

Times Office, Monday, 5 p.m. An OTHEE of the awful effects of alcoholic indulgence has taken place in our midst, by which a young and greatly respected member of society has been snatched away from amongst us, in the midst of life and health, and consigned to an untimely tomb through the act of a neighbour, maddened by intemperance. The murderer, Richard Farrell, is a discharged soldier, who for some years past has followed the occupation of cooper ; and the victim, Mr Thomas Foan, was a tinsmith, a partner of Mr H. Williams. Below we give a report of the evidence adduced at the inquest, which was held on Saturday last, the 20th instant, the day succeeding that of the murder, from which we gather the following facts:—The deceased, who was a member of the Napier Rifle Volunteers, had been in the habit of occasionally entrusting Farrell—who, being beyond the age for being sworn in the militia, had not a rifle— with the loan of his; and it was while in the act of returning the piece that the deadly deed was perpetrated—Farrell walking towards him with it in his hand, saying “ Here’s your rifle,” presented it at him, and •hot him through the side. No motive can be assigned for the act, and it does not seem that the murderer was intoxicated at the time, although from what fell from him it appears that he was laboring under some of the terrible hallucinations accompanying the delirium tremens , consequent upon a more than usually protracted period of drinking. The victim was buried yesterday with the usual forms,—being followed to the grave by • number of the Rifle Volunteer corps (by whom he was greatly respected), and numerous other friends.

INQUEST 0» TUB BODY OP ME THOMAS FOAN,

.Av inquest was held at the Masonic Hotel, Napier, on Saturday, 20th January, on the body of Mr Thomas Foan, who was shot on tho 19th instant, before T. Hitchings, Esq., Coroner, and the following jury:—H. R. Holder (foreman), H. Bargent, E, W. I. Carver, E. Q-. Hawes, John Wood, J. Eobottom, W. Baldwin, A. Browne, E. H. Limbrick, M. Boylan, John Hinwiddic, and Thomas Evans.

The Cobonbb briefly addressed the jury. He said that for nine years he had acted as Coroner in this Town, and during that time had presided over many inquests; but never one of this nature. A young man, well respected in the town, a good citizen, and a good tradesman, had, without warning, had his life taken, at a time when he might he expected to be reaping the fruits of his industry. The cases over which he had hitherto presided were generally drowning, or some case of accident, in which no person was to blame except the one who had met his death. This, however, was a different case—a case of murder—the first in Napier. The evidence, he believed, was very complete. The Jury having viewed the body, the following evidence was taken s

John Baldwin, being sworn, deposed;—l am 16 years old. I reside with my brother on the White-road, and act as butcher’s boy. Yesterday morning, about 10 o’clock, I was in the shop, and beard the report of a rifle. I did not think much of it at tho time; but, going out directly after, I beard that a man was shot. 1 ran into Farrell’s yard, and saw Mr Foan lying upon the ground, and Mr Cleary holding his head up. Mr Cleary sent me for wafer. When I returned there were several people there. I did not see Farrell. By a Juryman:—When I got back I heard Mr Limbrick ask him who did it, and ho said, “ Dick has done it; Hick has done it,” and afterwards 11 0, what have I done ? what have I done ?" Deceased was lying three or four yards from Farrell’s door. He was groaning and seemed to be in great pain.

John Cieahy, being sworn, deposed:—l am a shoemaker, in the employ of Mr Limbrick. Mr Limbrict’s workshop overlooks the cooper’s yard. About 10 o’clock yesterday morning I heard the report of fire-arms, and a scream. I looked out of the window and saw the cooper with a gun in bis hand at the trail, walking towards the gateway. I could not see the body because the fence was in the way. I ran out at the front door and saw the cooper walking down the White-road without the gun. I don’t know where he had left it. When I got to the body there were other people the. There was Mr Lee, the lawyer. The deceased being asked, replied “ Dick has done it.” I did not know either the cooper or deceased by name. 1 afterwards took the rifle to the SergeantMajor.

By a juryman:—l had not seen the cooper before, that morning. I saw him the night before working at his trade. Gkokge Edmund Lee, being sworn, deposed: —1 am « solicitor residing at H apier. J live close

to the residence of the late Mr Foan. Yesterday morning, just before 10 o’clock I heard a shot, followed by a succession of screams, and knew that the sound proceeded from Farroll’a yard. I at once went there, and at the corner of the house I met Farrell going towards the gateway. His arms were folded, and he had no weapon in his bands. He was not intoxicated ; he looked rather pale, but otherwise completely unconcerned. I certainly should consider him amenable to the law for any crime he might commit while in that condition. I said to him, “O, Farrell, has it come to this ? What have you done ?” He p issed me, then turned his head and said, “ I did it—l shot him.” I ran round the house, and saw Foan lying in the yard with his head towards the sea. I noticed a wound in his left side. He was perfectly sensible and knew me. I told bun not to move until a doctor came. He said, “A doctor can do me no good.” I said, “This is a bad case, Foan.” Ho said, “ Dick did it.” 1 asked, “ What Dick ?” He said, “ Dick Farrell. O, Dick, Dick, what did I ever do that you should take my life ?” I asked him if it was accidental. He said, “He came to me and said, ‘ Here’s your rifle,’ pointed it at me, and fired.” I staid there until some one brought some water. I saw Mr Xnmbrick with a gun in his hand, which I think lie brought from the fence. By a Juryman : —When I said, “ Has it come to this ?” it was not because I knew that there was any feud between them, but I was suspicious, having heard them quarrelling. I have not known them quarrel since about six weeks ago. Mr Foan had some potatoes which Farrell’s fowls used to destroy, and that used to be what they quarrelled about. I have heard Mr Foan threaten to kick him. About three weeks ago I was disturbed at night by the report of a rifle at Farrell’s place, and through my window, which overlooks the yard, I saw the flash. I looked out and saw a man whom I believed to be Farrell walking about with a light. The police then came up and took him into custody. Farrell is a very passionate man, and when drunk uses very horrible threats. E. H. Limbbick, deposed:—l sent a man on horseback for a doctor. Ido not know w'here Mr Farrell left the gun. A man working for me had moved it. It was Mr Foan’s rifle, and it is believed that Mr Foan lent it to Farrell.

N. Williams, deposed l am a boose-painter, residing at Napier. I was acquainted both with the deceased and Mr Farrell. My brother was deceased’s partner. I don’t know of any quarrel between the deceased and Farrell. I have had a quarrel with him. There was a great deal of illfeeling between us. I believe be has threatened my life. I have heard of him threatening other people’s lives. H. Williams, deposed:—l am a whitesmith, residing at Napier. I was in partnership with deceased. I never heard anything of a threatening character pass between deceased and Farrell, though I know they disliked each other. I used to see Farrell nearly every day. lie used to work in my shop. He had had a quarrel with my brother, and he told me one day when ho was drunk that ho would not hurt a hair of my bead, nor of ray wife and family, but that he would kill my brother. I have heard him threaten other people in the same way when ho was drunk. He always used to profess great friendship for me. He seemed to be quite rational the day before he shot my partner. I was present with Mr Foan soon after he was shot. He knew he was dying. He said, “ Harry, what is this ? W hat have I done to the old fellow ?” I said, “Do not you think it was a mad freak ?” He said, “ I suppose so, I suppose so—l don’t know. 1 have had no quarrel with him.” Farrell told me some time ago that he had had a quarrel with Foau. I saw him moving some of his kegs out of my shop. I asked him why he was taking them away. He replied that it was because Foan had threatened that he would kick him out of the shop. Tluj quarrel had been made up, there was no animosity between them, and Foan had lent him his rifle to clean for him. I saw Farrell about half-past nine o’clock yesterday, and he appeared quite rational. Thomas Boyd, being sworn, deposed:—l am a boot-closer, and live with Mr Limbrick. Yesterday morning I was at work between 9 and 10, and heard the report of a rifle, followed by a scream, I looked out of the window and saw Farrell with a rifle in his hand, held nearly perpendicularly. I ran into the yard and met Farrell with the rifle still in his hand. I asked what the matter was, and he said “Mr Foan has shot himself.” There were'"already several persons attending on Mr Foan, and so I watched Farrell. Ho went into the White road and there met two men. Ho told them that Mr Foan had shot himself, and that ho had left the yard, and was going to give information to the police, lest he should be suspected of the murder. He then went, on down to Messrs Newton, Irvine and Co.’s store, when, seeing some policemen, I gave him in charge, as the murderer of Mr Foau. I then assisted in taking him to the kok-up. Colts’ Campbell, being sworn, deposed:—l keep the Albion Hotel. Farrell was in my house the day before yesterday, but not yesterday. Alexander Davidsos, being sworn, deposed: —I am employed at Messrs Newton, Irvine and Co.’s store, I saw Mr Farrell just after 10 o’clock, and asked him why he shot Mr Foan. He asked; “ If a man was to watch you the whole night with a loaded pistol, would you not shoot him ? I would.” I asked “ Has a doctor been sent for ? ” He replied “ I have put him past a doctor.” He then went across the street, but immediately returned, and said: “ I gave him a loaded pistol and he shot himself, I did not do it.” I doubt bia rationality very much. He was very

incoherent. I heard him say: “Mr Foan has attempted my life forty times.” He appeared sober and quite calm. By a jury man:—lt was the incoherent nature of his remarks that made me think ho was not in his right mind. Dr Bateson, being sworn, deposed:— l was called in to see Mr Foan almost immediately after he had received the wound which caused his death. I found him suffering from extreme collapse. I discovered two lacerated wounds, one on each side of the abdomen, such as would have been caused by the passage of a bullet through the body. The wounds could not have been caused by a knife or any other such instrument. I considered the case hopeless from the first moment I saw him, and the patient did so also. I continued with him up to the time of his death. I did the best I could for him, but -he never rallied, and died about 13 o’clock. He remained in full possession of his faculties up to the time of his death. Upon making a. post mortem examination of the body, I found the abdomen full of clotted blood, and undigested food which had effused from the stomach. I found that the blood proceeded from a rupture of the superior mesenteric artery, and that the stomach, being distended with food, had been torn open by the transit of the bullet. Had it not been distended with food it would have escaped injury. Either of the internal wounds were of such a nature that the man could not have survived.

The Coeoneb then read the dying declaration of Thomas Foan, taken before two Justices of the Peace, which was as follows:

Eichard Farrell pointed a gun at mo this morning and discharged it. It was my rifle. I had no quarrelling nor ill-words with him. X had no previous quarrel. He said nothing when he shot me. I had lent him my rifle. He shot me wilfully. Taken before us this nineteenth day of January, 1866. H. 8. TIPFEN, J.P. J, A. SMITH, J.P.

Mr W. Colenso here stated that he believed he could throw some light on the matter. He was accordingly sworn, and deposed:—l reside at Napier. I was yesterday standing by the Masonic Hotel, waiting for a trap, when I heard the report of a rifle, followed almost immediately by the cry that a man was shot. I hurried to the spot, and saw the man being carried into his house by four men. I called to them to keep his head raised, and followed them into the house. I saw his face, and death was written upon it. Water was procured, and 1 bathed his head with it. I asked if a doctor had been sent for and was answered in the affirmative. 1 told the man to trust in God for his case was hopeless. He assented. Ho was sinking rapidly. As I saw how rapidly he was sinking 1 thought he might be unable to make any declaration when the justices arrived, and concluding ho was in extremis , I asked him several questions. I first asked him who had shot him, and he replied “ Dick Farrell.” I asked him if it was done accidentally, and he said “yes.” I asked him if he had bad any words with him, and he replied “ no.” I asked him if he had had any previous quarrel, and he replied “ no.” Ho again said that it was done accidentally, in the presence of his partner, Mr Williams. He knew ho was dying, for his first words to his partner were, “ Harry, I’m a dead man.” As I was supporting his head I could distinctly hear every word he said. Mr Leo drew up a short will for him at his own dictation. Afterwards the doctor arrived, and, finding him in great agony, and sinking fast, gave opium to alleviate the pain, and brandy as a stimulant. Some time after this the justices arrived. He had sunk very much then and was suffering much pain, though he would have suffered more had it not been for the opium. The words in which his deposition is written all passed through me. When he was asked if it was done wilfully or accidentally, be replied “ Wilfully." I asked him how it was that there was that discrepancy in his statement. He replied, “ O don’t ask me any more questions, I’m in to much pain to answer them.” William Falmeb, sworn, deposed:—l reside in Napier. I reside a short distance from Mr Farrell’s place and often see him. Yesterday morning about half-past 9 I saw him and had a conversation with him. He was perfectly calm and sober, and in his right mind. At a few minutes past 10 1 was serving behind the bar of the Masonic Hotel, when Farrell came in, and in a very excited manner demanded a glass of rum. He usually speaks in a low drawling voice, but ha spoke then in a most imperative manner. He was sober, and very much excited. He drank the rum and left the bar. I afterwards went up to see Mr Foan I was on one side of the bed and Mr Colenso was on the other. I asked him if Farrell did it wilfully. He replied “ Quite so.” That was an hour before his death. They had given him laudanum and brandy at the time. Dr Bateson, recalled:—l do not believe that the opium or brandy £ gave him would affect his brain so as to impair his mental faculties. On the contrary, I think he retained them unimpaired to the last.

Mr Colenso said that ho was close to the dying man’s head all time, and neither heard Mr Palmer’s question nor the answer. Mr Palmer was deaf and some distance from the man, and must have misunderstood some ether answer.

The Cobonbb then briefly addressed the jury j concluding by remarking that if the present was not a case of wilful murder he did not know what wilful murder was. He then read the legal definition of manslaughter.

The jury after a consultation of about 20 minutes, returned a verdict of “Wilful Murder” against Bichard Farrell.