Inquest.

Manawatu Herald, 29 December 1898, Page 2

Inquest.

VERDICT OF MANSLAUGHTER. An inquest was held at the Masonic Hotel, Palmerston North, on Saturday afternoon, into the death of Ernest Nicklen, a flaxmill hand in the employ of Messrs Austin Bros., of Oroua Bridge, who dropped dead in front of the above hotel shortly after seven o'clock that mdf ningi Mr G. Mi Snelson, District Coroner, conducted the inquiry, Sergeant Wilson watched the proceedings on behalf of the police, and the following jury were empannelled : — G. Jarrett, W. McMillan, J. Moles, W. Cumming, H. Benton and E. Shortt. Mr McMillan was elected foreman, and Mr H. G. Moore appeared for Patrick Murphy, alias Tnomas Kelly. The jury proceeded to view .the body, and on resuming John Wishart, sworn, said that he was passing the Masonic Hotel about 6.45 a.m., and among several other persons standing outside he saw deceased. He was conversing with Patrick Murphy, and apparently arguing, Murphy then hit deceased, but witness could not exactly say where. Deceased fell in an unconscious state, and was bleeding a little at the forehead. Restorative methods were then applied, but without avail. Deceased may have got the blood on his forehead in the fall as he fell close to the house. He saw no more than the one blow struck. He was some distance away when he saw it. George Cooper, trainer, said he saw deceased for the first time at breakfast that morning. He, deceased; was with Murphy at the time. Deceased left the house to catch the 6.30 train for Wellington ; he missed the train, witness saw him return. On his way back from the station he met Murphy on the pavement outside the hotel. He said to Murphy " You are a nice sort of a mate ; lam done with you." Murphy replied, " It was your own fault that you missed the train." Deceased said, " No, it was yours." They wrangled on the footpath for some time as to whose fault it was, and then Murphy said, " I will give you a lift under the ear," and with that he hit Nicklen. He struck him twice, both blows being under the jaw. Deceased then fell sideways against the hotel. Mr Harnett and others picked him up and carried him into the hotel sprinkled water on his face, and gave him a little brandy. Murphy said deceased had been suffering from heart disease for the last twelve months, and he also remarked, "Oh he had to die some, day," and walked out of the room. Outside he remarked that some one would get into a nice old row over it. Deceased was thoroughly sober at the time and did not take any drink. Murphy was also sober. The blows struck by Murphy were very severe, ones. Nicklen and Murphy were apparently friendly enough before deceased returned from the Railway station. To the Jury : Murphy struck a blow with his hand, and hit deceased under the ears. Deceased did not try "to defend himself. When the brandy was administered deceased could not swallow it. After the blows were struck deceased made no sound or movement^ Dr Reed, medical practitioner, deposed that shortly before 8 o'clock he was summoned to attend at the Masonic Hotel. He found deceased lying on the floor of one of the rooms. On examination he found life to be extinct. There were contusions on the right temple and no other marks were discernible. He was authorised to make a post mortem examination and found the body to be that of a well-nourished man of about twentyeight years of age. There were no marks of violence except those mentioned, and all the internal organs were healthy. There was only slight indications of alcohol in the stomach, but not sufficient to produce drunkenness. He found a fracture of the neck, about the second vertebra, and the larynx was also dislocated. The cause of death was due to a fracture of the neck causing compression of the spinal cord and so paralysing all the organs. The fall against the side of the house would not cause the dislocation of the The blows as described, if delivered with sufficient force, might cause the fracture of the neck. To the jury: Under the circumstances death would be almost instantaneous, and therefore there would not be any external evidences of the blows struck. To Mr Moore — If deceaseds head struck the hotel first in falling, it might cause fracture of the neck, and the same- thing applies if his head struck the ground before the other part of the body. In any case it must

be a very severe blow to cause fracture. He did not think a blow On the jaw would be likely td c'aiise a fracture of the rleciti Patrick . Harnett; " hotelkeeper, deposed as to .deceased coniing to the Masonic with three dther. men. Murphy was one of therrij Nicklen, Murphy and another man cashed their cheques at the hotel, the total being £20. In the morning Murphy tried to advise Nickleri to stop in Palnterston as. it was riot worth white going to Wellington 1 for a few days. Deceased complained of not being well, and expressed a desire to go and see a doctor, and also to get on board a ship. Witness saw no more of deceased after he went to the station, until he foun.d hinv lying on the pavement outside. Witness went out because he heard a bump against the side of the house and he then saw deceased lying flat on the footpath. No reply was given to his enquiry as" to what j had happened but he picked deceased up and carried him inside with the assistance of Murphy. After trying to revive deceased he concluded that he had been injured and s6nt for the police and a doctor. Deceased had only very little drink after he came to the hotel* When Murphy was asked to assist to carry deceased in he remarked that witness need not be alarmed as deceased simply had a fainting fit, to which he was subject. Charles P« Nash, Watchmaker, who saw the altercation outside the hotel, corroborated the evidence of the previous witnesses as to the blows struck by Murphy. Dr^ Reed, recalled, said the dislocation k>£ the larynx was caused by a direct blow on the front and side of the neck, and would cause a difficulty of breathing, but would not cause death. The dislocated larynx proved that the blow was not received on the jaw bone. The fall against the building might cause fraction of the neck, but it would not cause dislocation of the larynx. Sergeant Wilson gave formal evidence as to the searching the body and articles found thereon, and the arrest of Murphy on a charge of causing Nicklen's death. At the time of the arrest Murphy denied having struck deceased. This concluded the evidence, and the coroner having summed up, the jury retired to consider their verdict, returning shortly afterwards with one of manslaughter against Patrick Murphy. — " Standard."