DEATH THROUGH DROWNING.

Lake Wakatip Mail, Issue 142, 7 September 1864, Page 2

DEATH THROUGH DROWNING.

coroner's inquest.

On Monday, R. Beetham, Esq., R.M. and Coroner, held an inquest at the Court House, upon the body of William Sherwood. The body upon being examined by the jury, presented the appearance more of a man quietly at sleep than that of sudden death. Mr Sub-Inspector Percy watched the case. The following Jury were empanelled :-H. W. Bracken, (foreman) Tibby, Ryan, Burns, Cochrane, Carey, Driscol, Buxton, George, M'Cormick, Coates, Boyne, Benning Sandriugham, M'Dougall. The Coroner said that no examination had yet been made of the body. It was not always necessary to do so; tut if the jury—during the evidence—thought a post modern examination was required, they had only to intimate the same to him, and he would cause an examination to be made by a duly qualified registered medical man

Daniel M'Laren, seaman, deposed—He was with the deceased about one o'clock on Sunday morning. They were walking along the beach; the deceased proposed that I should lend him a hand to bail out the steamer Expert, which was lying alongside Rees' Jetty. He went dowu the jetty about twenty yards before me, and I stood for a moment at the" beach, or the upper end of the jetty. I heard a plunge into the water. It was very dark, and I could see nothing before me. Ran down the jetty and fell over the end of it myself into the water. Was about four or five minutes in the water as near as I could recollect, and I then called out to my mate on board the schooner. He came and threw me a rope. While I was in the water, I sang out " 1 think Billy is overboard." I had partly hold of one of the piles of the jetty. I caught hold of the rope and was hauled on board the steamer Expert by my mate. I asked him to rouse all hands on board; cannot remember if he did so. Went and roused the engineer of the steamer, but he would not get up. Then got on the jetty and went across with my mate to the schooner. Told my mate I was certain Billy was overboard, and he told me to go and turn in, as either I had been dreaming, or was drunk, and only fancying something of the sort. He persuaded me to turn in and I laid down and slept till morning. As soon as 1 awoke next morning, I said to my mate I am sure Billy went overboard last night. After this went and looked in the water and around the schooner and steamer, but could see nothing of him. Saw Henry Spragg on the wharf at this time and asked him if he had seen Billy, and he replied "No." Then went up the jetty to Bracken's hotel to have a nobbier, and I told Mr Bracken I thought Billy had been drowned. Then came down again to the wharf with my mate and Harry Spragg, and after further search Harry Spragg saw the body lying in the water. We then raised the body. To Mr Inspector Percy—Met the deceased first at Bracken's, between nine and ten o'clock on Saturday night. Remained until the concert was over; this was near twelve o'clock.- The deceased was sober when I met him. I had a few nobblers in at the time. I had three more drinks at Bracken's, and the deceased had two. We went to have a walk round town, and got to the British Lion Hotel; they were just shutting up and we stayed there a few minutes and came away again. We had no drinks there; that might be a quarter past twelve o'clock. Met two men at the British Lion and accompanied them to Burns' Victoria Hotel, as they were sleeping there. We all went in. An old man named Billy asked Burns to shout. He did so. We had each a drink there. Stayed there twenty minutes and then went along the embankment towards the old jetty. Then went to Rees' jetty. Did not go into any other place. It was not unusual to bail out the steamer at that hour. The steamer was making water and something was wrong with the pumps. The steamer was moored close to the end of the jetty. The deceased was not drunk. It was a very dark night. The cause of my falling over was the deception caused by the goods on it and the steamer being further ahead from the jetty than I thought. The moment my left foot passed the jetty I fell over. After I got out of the water 1 was very weak and wet, but neither the engineer or my mate would credit me that Billy was overboard. I could not induce them to do anything. To the Foreman—Cannot tell the time exactly that this happened but it would be about one o'clock. As soon as I could I halloaed out. I could not be positive about his being in the water, because the other men persuaded me I was either drunk or something of that sort. John Fisher, boatman on the Lake, deposed— That he knew the deceased, and that he was a mate of the last witness, and was sleeping on board the schooner on the night in question. Heard a splash in the water, and got up and went on deck. It was very dark, and raining a little at the time. Crossed the jetty and went on board the steamer, Got on board to search for a rope to heave to the man in the water. Got one and pulled him on board with it. The man was the last witness. He asked me if I had seen Billy. Replied no. Went down the cabta and asked the engineer if Billy was on bpard, and he said he was on shore. Dan, the last witness, then came aft, and made similar enquiries. Dan then said if he was not on board he must have gone overboard, as he had heard a splash when he was on the beach Told him to go on board the schooner and shift his clothes. Helped him across the jetty ; and while stepping on board the schooner he was nearly falling in again. He was rather drunk. Undressed him or. board the schooner and got him dry clothes. He then turned in. After this, went again on board the steamer. The engineer by that time

had turned out. Told him that Dan said that Bill was overboard. The engineer thought not, and that Billy was ashore; he also said that he always, took care on the jetty when he came on board. Then helped the engineer to bail out the steamer. About eight o'clock next morning examined the water, but could see nothing. Asked Spragg to see if Billy was at Burn's; he went to several places but could not find him. On further examination, subsequently, the body was found by Spragg. To Inspector Percy—Should think it was about two o'clock when he heard the splash in the water. Heard no noise previous to this. Got up immediately on hearing the splash. Heard only one splash. Did not know while he was on the jetty that a man was in the water ; only found that out by asking, when on board the steamer, if that was Dan. He was holding on to one of the piles of the jetty. Did not report the matter to the police because Dan was rather drunk, and he heard only one splash. To Foreman—Dan could talk sensibly enough when he was got out of the water. If there had been two splashes think I could have heard them. About three or four minutes would have elapsed before I could render assistance to the last witness.

To Coroner—Was asleep when awoke by the splash. To Inspector Percy—Knew Dan for about six months; and the deceased one month.. Never knew them to quarrel. Henry Spragg confirmed the evidence of the previous witnesses, and recapitulated the evidence given above of finding the body. Alexander Samuels, engineer on board the steamer Expert, said—The deceased had only been engaged on the Expert for about a week. He had been about five or six months in the employ of Black and Gordon. Knew nothing of nis circumstances. Henry Spragg—Knew deceased for eighteen months ; he belonged to the Orkney Islands, and has a brother at Carlton, near Melbourne. The captain of the Expert informed him this morning that deceased had about £4 or £5 as wages coming to him. Deceased had also two mates at Moke Creek, and a share in a claim there. He had been a mate with these two men for the last nine months, and had kept them.

Mr Burns (juryman) stated when the deceased left his house with Dan, they were both sober enough to take care of themselves. The Jury returned a verdict that the deceased was "Accidentally Drowned;" and added as a rider—-" The Jury is of opinion that it is absolutely necessary that a light should be kept burning on the jetty during night time." The Coroner thought the matter of the lamp should come under the notice of the town board.

The Foreman—The jury think the owners of the steamers or jetties should keep one burning. Coroner—l will see what can be done.

We have to apologise for an advertisement signed "W. Butler," in our last issue. Being an advertisement, it escaped that strict supervision that other original articles are subjected to. We never intended our columns to be made the me-dium of personal attacks. Our readers generally will please accept this apology for the appearance of the obnoxious letter in question, and they may rest assured that a similar effusion is not likely to find a place in the columns of this journal for the future. In the Police Court yesterday, besides the case of Cassius v. Harris, another of great importance to holders of garden and farming allotments was tried, but we regret that we have not room in our present issue for its publication. We are also compelled to leave out our Maori Point correspondence, letter from Arrow, &c. Geo. Brodie, Esq., one of the representatives of the Goldfields, addressed a crowded audience at Bracken's Commercial Hall last night, and was well received. The length of the report precludes its appearance in our columns to-day, but we may state that it is one of general interest and will appear in our next. At the Committee Meeting of the Queenstown. Fire Brigade on 30th ult. a letter was read from Messrs Houghton and Co., Dundin, with reference to a fire engine for sale by them. It was resolved to write to the captain of the Dunedin Fire Brigade, with reference to the above letter; and to write also to Messrs Houghton, informing them that the captain of Dunedin V. F. Brigade has received instructions to examine and report on their engine. It was also moved that the hon. secretary should call on the collectors for the balance of moneys Collected by them, in order that the same might be paid into the bank. Two accidents of a severe nature happened to two miners in very opposite districts, during the past week. At Moke Creek, Jerry D'Arcy was suddenly covered over by the falling in of a bank while his party was sluicing. It was a most miraculous escape, as the sufferer was completely buried under the mass of earth and stones that fell upon him, and he is one of the many who have narrowly escaped being killed from similar causes. He is now progressing favorably at the hospital. The other accident was of a more severe nature, and occurred at the Nokomai. The miner injured is named James Johns. A bank of earth and rock here again fell, and broke the unfortunate man's leg in several places. He endured intense suffering in being carried upon a rude stretcher to Kingston, there being put on board the Victoria steamer in a slung, rude bush contrivance, and transported to Frankton, from this place was removed to the hospital. This case is a very acute*one. Who will not come forward and assist the hospital under these circumstances, and give their sympathy to those brave men who, as true philanthrophists—though unknowingly $-have done more for the Province than themselves. The Ball at Bracken's Commercial Hall on Monday, passed off with great success. The attendance was large, the room handsomely decorated with evergreens, &c, the fair sex were numerous, and the arrangements complete in every respect. Mr Rees took the chair, and Mr Broad acted as croupier at a most recherche supper, provided by Mr Nankervis. The toasts proposed were " the Queen and Royal Family," " the Ladies," and " the Host." Messrs. Wright and Morgan were the musicians. The Escort took down 2,600 ounces from Queenstown. Heavy preliminary sluicing operations and the repairs necessitated by the last flood are some of the causes assigned for this small return.

R. M. COURT, QUEENSTOWN. (Before Richmond Beetham, Esq., R.M.) Friday, September 2. Thb Pipe Cask.—David Morrison, on remand, was agaiu brought up charged with stealing a pipe. Mr Inspector Percy conducted the case. The prisoner had been arrested on a charge laid by Mr M'Cormick of the Bridge Hotel, Queenstown.

Archibald Brown, miner, deposed—l am a miner living at Moke Creek. Remember being in Queenstown in July last. Remember the circumstance of taking the pipe from the Bridge Hotel: it was on a Sunday. Saw the prisoner at the Bridge Hotel that day. I have seen a pipe similar to the one produced. I cannot swear to it. I did not see a pipe like the one produced that day in M'Cormick's Hotel, with the prisoner. I gave a pipe like the one produced, to the prisoner, at Hotel. I got the pipe from one of the men in the bar. He was a man from the Big Beach, called Alick. There was a mate of Alick's, with whom I had seen the pipe. The prisoner saw the pipe in my possession at Coutanche's, and asked me for a smoke from it. I gave it to him. Told him it was Mr M'Cormick's pipe, and that he did not wish to lend it to any one. After the prisoner had possession of the pipe I demanded it back again. The prisoner then laughed at me. I was vexed, and he said I must have lent it to some one else. Got annoyed at this, and said he must have the pipe. Mrs Coutanche said if we made a noise a policeman would come in as it was Sunday night. Mrs Coutanche said I would get it in the morning. The prisoner told me to feel his pockets, and laughed at me. Saw the prisoner next morning, and asked him for the pipe. He again denied having it, and said M'Donald had it. Before asking the prisoner on Monday morning for the pipe, he (witness) told Mr M'Cormick the prisoner had got it. Did not believe the prisoner would be guilty of stealing the pipe: I did not therefore give him in charge. To the Prisoner—You all seemed to be laughing at me after you took the pipe, as I could not find the pipe. Did at first think the whole affair was a " lark."

To Inspector Percy—Saw a pipe in Mr M'Cormick's bar, similar to the one produced, on the morning of the same day that the prisoner took it from me. It was then in the possession of a man named Alick. It was hanging up in the bar. Alick gave it to me. Elias Jenne, a miner, said—Remember being in Queenstown in July last, at Coutanche's, and remember seeing the prisoner there. Heard no dispute between prisoner and last witness. Heard Morrison ask for the loan of a pipe from last witness. Cannot swear to the pipe: it was something like the one produced. Brown handed it to the prisoner. It was a meerschaum pipe. Heard the prisoner deny having the pipe. The prisoner had not the pipe then. Brown then searched the prisoner. I was sitting alongside Morrison. Thought it was all a " lark." When Brown went to search Morrison, I felt something fall into my pocket. Brown did not find the pipe on the prisoner when he searched him. Suppose the prisoner put the pipe into my pocket to allow Brown to search him. Do not know how the pipe got out of my pocket. The prisoner and myself continued sitting together after this some time. Never saw the pipe afterwards. , To the prisoner—Do not remember seeing you smoke the pipe after being searched, or seeing the pipe on Mrs Coutanche's mantel-piece. Kemember on Monday morning Brown asking for the pipe. Do not remember Mrs Coutanche saying the pipe was in yourpotket. Do not remember your saying " when I go this pipe will go." Remember on Monday morning your having a little bit of a scuffle with Brown and M'Donald; but do not know whether it was about the pipe. To the Court—Do not remember prisoner ever taking anything out of my pocket while he was sitting beside me. Mr Inspector Percy applied for a remand, as the apprehending constable had not arrived from Invercargill. Prisoner —There is no occasion to remand me for that, as I do not deny having the pipe in my possession when apprehended. Eneas M'Donald was called for the defence, stated—He was a sheep-salesman on the Upper Shotover. Remember visiting M'Cormick's on a Sunday, but cannot tell the date. Saw a pipe, similar to the one produced, in Brown's possession, when we entered M'Cormick's. Saw the pipe next in the Edinburgh Castle, in the posession of Archy Brown. To Prisoner—You asked him for the pipe, and he gave it you. Saw it next day with you. Everyone in the house knew you had the pipe. Wanted myself to take it away from you. Thought you were taking away the pipe for a " lark." Remember your walking with me and Brown on Monday morning up the Shotover road. You were smoking the pipe then. Catherine Coutanche, of Edinburgh Castle, to prisoner—Remember your lodging at my house. Remember on one Sunday evening Brown smoking a pipe when he first came into my house. Yon asked him for a smoke. Saw it next moning in your possession, and also on the mantel-piece. I believe Brown gave you the pipe. Everyone in the house knew you had the pipe. Thought it all a "lark," and that there was no felonious intention.

The Bench —¥ou are discharged: there is no doubt you were in illegal possession of the pipe, and should have been summoned rather than arrested for stealing. You have rendered yourself liable to a very heavy penalty, and I strongly advise you never to try the same game on again. Mr Morrison—Your worship, it will be a warning to me all my life. September 6th. Before R. Beetham J. Aylmer, and L. Broad, Esqs., R.Ms.

A Sharp Mercantile Transaction—Reuben Harris was charged upon an information with having, on the 15th August, feloniously stolen, taken and carried away a certain order for money for payment and of the value of £B, dated 7th August, 1864, given in favor of one Michael Cassius by one Jones, and payable seven days after date, by the said Reuben Harris; also a certain invoice the property of the said Michael Cassius. Mr Campbell prosecuted, and Mr Harris conducted his own case.

M. Cassius, storekeeper, residing at Queensstown, sworn, said—l have had business trans-

actions with defendant. On the 15th August Mr Harris came for a final settlement of an account, which account, in gross, was £IOB 4s lOd. From this sum it had been agreed between Mr Harris and myself that a deduction should be allowed of £3 16s 6d. After that a further deduction of £2 10s was agreed upon or computed leakage of kerosene. It was also agreed, and marked in Mr Harris' handwriting upon invoice, that an order cashed by me for one Thomas Jones should be deducted. Cannot swear who wrote that remark upon the order. With these deductions I should have to pay Mr Harris the sum of £93 18s Id. This settlement of accounts took place on Monday, 15th August. Previously we had made the deductions, but this was the sum mutually agreed upon. Offered to give a cheque for the amount, and upon taking up my cheque book remembered that on a previous occasion Mr Harris had deducted an item from an account sales without my consent. On mentioning this to Mr Harris he, without further hearing, snatched the invoice and money order from my table, and ran out of my store, saying Ci I will teach you how to settle your accounts: I will send you a writ." Called after him and told him that he would be given in charge unless he returned those papers, but he did not return them. What he took was the invoice upon which he had made the calculations.

Mr Harris—Favor me by taking down evidence as really spoken and given. The Bench—You had better not interrupt the prosecution. Evidence continued—The invoice had been in my possession ten or twelve days. The goods mentioned in it had been purchased on or about the 2nd August, and the goods were delivered to me the following day. Mr Campbell here requested that all witnesses might be ordered ont of court. Evidence continued—Mr Harris has since served me with a writ. He has not given credit in that writ for the dednctions agreed upon. He is suing me for the gross amount —£104 2s lOd. He has not given me credit for Jones' order of £B, nor has lie given me credit for £6 4s—the other amount agreed upon. Mr Beetham —The evidence you are giving is more of a civil nature than a criminal one, and it would be as well to confine your evidence. Mr Campbell was obliged to give the history of the evidence, so as to show interest.

To Mr Harris—Did not pign a release. That is my signature on it. That is the document. I charge you with criminally stealing. Allowed nine or ten days to elapse before I commenced these proceedings and filed this information. The reason was because I expected you would send the documents back to me. Received a writ on the 25th August, served od me by Mr Shepherd in company with Detective Lambert, at 1 o'clock in the day, after an interview that I had had with Mr Beetham and Detective Lambert on the subject of this information. Am sure it was not on the 24th. It was on the same day that I returned from an interview I had with Mr Beetham. It might have been the 24th, but do not think I could make a mistake. Previous to being served with the writ I had applied for a warrant. Was perfectly well aware the writ was coming. Mr Harris —I have not the slightest doubt about that.

Examination continued—The previous night before I laid this information, I had a conversation with Mr Shepherd, who told me he had a writ for me. I have not had credit given me for Jones' order for £8 until Saturday last. lam indebted to you other monies besides the amount of the writ in question. That is my writing giving you credit for the .£B. This is the invoice which I charge Mr Harris with stealing from me. I have given credit in that invoice for £B. I was to get credit for these allowances. The sum of £B, appearing in this document, was for Jones' order and the 9s for sundries. The figures are yours—the writing is mine. Previous to giving a cheque for the balance I had gone through the formalities of receipting the order. Was just about writing a cheque for the balance and had mentioned that I intended to deduct £5 that had for a long time been in dispute between us. You called upon me twice before for a settlement of this invoice. You did not tell me you would send me an amended invoice. This £5 you charged me in June, 1863, and deducted the same from an account sales delivered to me in January, 1864. Very few business transactions have passed between us, and I have never had an opportunity of retaliating upon you in your owa coin. There have been two transactions above the value of £5. Cannot tell whether I made a claim upon you, as I believe those transactions were goods bought at auction. lam only indebted to you a few pounds. Mr Campbell objected to these questions as irrelevant to the case. The Bench considered that a deal of evidence had been taken that had nothing to do with the case, and decided that the £5 had nothing to [do with the case.

Re-examined by Mr Campbell—The reason I did not lay the information earlier was because Mr Harris was in Invercargill. Mr Harris left on the 16th or 17th of August. Did not see him after his taking the document and had no conversation with him. Was not informed bv Mr Shepherd with the particulars of the writ durine: the conversation with him. Did not know then that the writ was served. Signed the order of Jones in anticipation of a settlement. John Harris deposed that he was a storekeeper, residing at Big Beach, Shotover. Was present at Mr Cassius' store when Mr Harris was there. Heard Mr Harris ask Mr Cassius to settle his account with him. Then Mr Cassius accused Mr Harris of taking from his desk two important documents. Was not there when the documents were taken. Cassius did say something to the effeet that he would give Mr Harris in charge for taking away the two papers. To the Court—Mr Harris made no reply in return. Think Mr Cassius said he would go and see Mr Campbell and send him down a summons. To Mr Harris—This conversation occurred after the auction sale at Mr Cassius' store, Do not remember your saying you would not be made a tool of by Mr Cassius, by charging people more for the goods than which they had been knocked down for. If you had taken the document violently I should have noticed you. Mr Campbell had another witness but did not suppose the bench would require him. He could prove the value of the documents, and he did not think it would be necessary to call him.

The Gourt—As you are conducting the prosecution you shoold be the best judge. The Court decline to give you any advice. Thomas Jones, Frankton, proved the value of the documents, and that he had received the money for it from Mr Cassius on the 2ni August. The bench dismissed the case, remarking that so far as the order from Jones on Harris was concerned, the endorsement of receipt of payment naturally led the court to believe that Mr Harris conceived it to be his property. As to the in voice they had no evidence before them that they thought justified anything like an attempt of felonious appropriation. They also desired to express their opinion that Mr Harris left the court without the slightest stain upon his character, and that they must notice the prevaricating manner the prosecutor had given his evidence. The time of the court had been wasted upon a frivolous charge. Mr Campbell—The documents will be delivered over that Mr Harris has. The Court—The bench have given their decision. The documents are evidently Mr Harris'.*. + The case of Cassius v. Harris is, we learn, not finished, the defendant intending to take the case to a higher court.