Inquest.

Manawatu Herald, 1 June 1899, Page 2

Inquest.

DEATH BY FALL FROM A

DRAY.

The inquest as to the cause of death of William Brittain was com meneed on Saturday afternoon and adjourned for further evidence till Tuesday when the Jury brought in a verdict of accidental death while in a ptate of intoxication.

The Jury were Messrs Alf. Fraser (Foreman) W. G. Robin?on, Thos Weßtwood, S Ennip, P. Guerin and A. S. Eastou.

The following evidence was taken : —

John Andrew deposed -I am a carter residing at Foxton and am employed at Mardon's mill. Yesterday afternoon I was taking out a load of coal to the mill and the deceased asked me in the morning to be sure to take him to the mill ; he WJB one of the hands employed at the mill and had been working there for the past four months ; close to half past one I saw the deceased in street he was at Mr Westwood's? corner and fell dawn in the drain and I crossed over the road and picked him up and put him on the dray ; He was drunk, and he laid down on the coals ; be had an axe handle and a bottle of brandy (bottle produced ig the bottle mentioned) ; we went out and when we got on the road near Walsh'tslaughter house, I saw the deceased falling off- the dray on the cff side, and I made an attempt to catch him, failing this I made a pull at the rein 3to stop the dray ; when I pulled up he was on the road dead, owing to the wheel having gone over his head ; I sent word of the accident to the police by some one I met who was riding into town ; I was sober ; I believe decease was an old Australian digger, I do not know of his having any friends or relations in the colony ; I do not- know whether he had any money or property. I first sa w deceased yesterday about noon ; He was at Mr Westwood's corner ; about a quarter past 12 deceasd and my self went into thi Po3t Office hotel and had a drink ; He was quite sober then ; he had a medium beer, I had a "shandy" there wa3 no one else in the bar ; Mr Darvill supplied the drink ; the deceased paid for it ; I did not think there wa3 any danger of deceased falling off the dray he had gone out with me before in the same state ; He laid the bottle on the dray ; he could stand but could not walk very steady ; I did not notice his getting any worse ; if he laid on the dray he could not have rolled off the sides being 18 inches high ; the road was quite smooth ; I have no idea where he was from the timelhadadrink with him to the time he came to the dray ; Daceased remained in Darvill's.

The deceased appeared to be 85 years of age. I had no conversation with the deceased whilst on the dray.

The deceased came in from the mill on the dray on Monday morning ; I have-not seen deceased until I took him out yesterday morning ; the waitress in the Post Office hotel told ma on Tuesday night that the decease was at the Post Office hot3l ; the deceased came to Westwood's corner from the direction of the Post Office hcfcjl; the body was lying at right aog'es to the dray on the off side. Archibald Lewis Deveniah Mearea dppo3ed-I am- a legally qualified

medical preachtioner residing at Foxton ; Yesterday I saw the body of the deceased at the road side in the afternoon ; he was dead ; the wheel of the dray had gone over bis bead and forced his brains out through the mouth thus resulting in instant death ; I should think deceased would be between 30 and 40 ; he wa3 well nourished.

William Darvill deposed— l am the licensee of the Po9t Office hotel ; ihe body of the deceased I recognise as that of the man calling himself William Brittaiu ; I have seen him occasionally ; he came to my place about five months since and has bean there two or three times since; he came to my houstlast Monday between 11 and 12 and boarded there up to yesterday afternoon ; T. cashed a cheque for him on Monday, it was for nine pounds odd, I think £9 113 ; he paid for bed and board on each occassion ; be owes for a bottle of brandy purchased just prior to bis leaving ; he got this as ho purposed to get a few things from the store prior to his going out ; I last saw deceased about one o'clock ; He was standing at the kitchen door ; ha appeared perfectly sober then ; I supplied Johm Andrew and deceased with drinks yesterday a little after 12 • they were sober then ; the last drink I gave was the last one he had with Andrews ; I have heard that deceased was drunk at half past one but I cannot explain in anyway how he could have got so a3 l say he was sober at one o'clock ; the deceased was in the habit of making frequent shout?, and I think his money was mostly spent 1 that way ; I think the most of the money was spent by him with me ; he would have spent the lot in two days shouting for all hands but I would not let him ; He would have had four drinks only to my knowledge yesterday.

The drinks were three beers, one medium two long ones ; The de ceased did not leave ray house yesterday between 12 and 1 ; He usually drank beer ; The bottle (produced) is similar to those we have in stock ; I could not say deceased wag sober on Monday night ; He was allrigbt on Tuesday ; On Wednesday ho was about the same as on Tuesday; On Thursday I did not see him.

It would be possible for some one to have served deoeased with drink yesterday between 1 and 1.30; He oaissed some meals, but on Friday he had his breakfast and his dinner. '

Alice Houghton depised— l am housekeeper at the Post Office hotel ; The deoeased came to the hotel on Monday afternoon, and left yesterday after dinner ; I was in the bpr when he left by the passage ; He appeared to walk straight and to be sober ; ] did not supply him with any drink between 1 and 1.30 ; As be went out I supplied him with a bottle of brandy, the bottle produced resembles the one supplied ; I do not think anyone got drink from me be* tween 1 and 1.80 to supply to the de-

ceased

D.ceagfcd left ths hou3G between 15 to 20 minutes past 1 ; I did not supply any drinks for the kitchen between 1 and 180 ; Yesterday at 980 I supplied deceased with a small shandygaff which he paid for ; Hr) did not often drink by himself ; He was not sober on Monday night

I did not take any liquor out of the bar between the time I took oharge from Mr Darvill and I.BQ.

George Goley deposed -I am a flax* miller residing at Foxton ; About a quarter past one yesterday afternoon I was standing in front of the Post Office Hotels I went through the yard and going through the back door I saw the deceased by the tank and he called me and asked if I had seen Mardon's dray, I told him 1 had not seen the dray, but saw tfcu driver across tbe road ; He told m> he was going out . by the dray ; 1 then left ; I shou'd say that the man Wd3 sober ; I saw the deceased walk across the yard and he walked that .distance straight. I saw the deceased on Tbursda) at the Post Office hotel ; He was in the passage, and he seemed sober ; I should say deceased was sober yesterday. John William Mardon deposed— I am a fhxmiller residing at Hitna tangi ; The deceased has been employed by me for the last eight months ; I think he was a York shireman, never heard him speak of his relatives, I believe he was a single man ; I last saw htm alive about 20 minutes to five on Monday evening, he appeared then to have drank quite enough ; I gave him a cheque at Mr Westwood's store for £9 11s Od. I saw deceased have one drink at the Post Office. John Forster deposed— At 2.80 yotter'day from information received, I went along the road just passed the racecourse gate ; Deceased was lying acros3 the road with his head iv the right wheel rut of the dray, as going from Foxton ; His head was smashed, his brains protruding out of his mouth ; I searched him and found a silver watch, a pipe, knife and tobacco, and one shilling in his pockets. The brandy produced I got from Andrews ; I saw the deceased about 9 o'clock yer<rday morning standing outside the Post Office hotel, I was on the opposite aide of the street and he appeared perfectly sober ; I had the body conveyed to tbe Manawatu hotel.

Walter Alzdorf deposed — I am a surveyor residing at Foxton ; I was standing by Mr Hennessy's store about one o'clock on Friday afternoon last ; I saw a man coming up from the south on the opposite side of the road to where I was, he was about opposite Mr Gray's house when I first saw him and he seemed to have a good deal of difficulty in getting along ; He was staggering from the fencing to the curbing and back again until he got up to old Mr Westwood'a etore ; I went up the .^ road then and turned back, which would be a quarter of an hour afterwards; I stopped again at Hennessy's gate, and saw the same man laying in Andrew's cart by Walls' shop ; Andrews was standing, leaning over him and asked him to get np as he wanted to move a box ; I heard him mumble something, and Andrews said "if you don't move out of this I shall have to lift you ;" I think the man was drunk when in the dray ; I was standing at Henneaiy'a gate when 1 heard Andrew* speaking ; It was the same man who was staggering up the street who was in the cart ; The man was of a dark complexion and had dark whiskers; Be had a soft brown felt hat.

George Archibald deposed -I am a clerk in the Bank of New Zealand residing at Foxtori 3 ; About half past one on Friday afternoon la3t, I was returning to the Bank from Mr Stewart's house, and when I was by Mr Fraser's shop I saw a mfcn named Andrews leading a man who appeared drunk across the street from the corner of Mr Weatwood'u shop, the cart being in front of Mr Fraser'a ; Andrews half lifted bita over the wheel into the dray which had a load of coal in it ; When the man was got into the dray he tumbled down in the dray, and laid ; down; I saw something wrapped up in white paper on the dray after the man was in ; I think the man had a dark suit on, he had' a hard black _ hat ; He was dark own. plexioned, his hair and whiskers were black.

The dray was standing when I left ; the man was staggering coming across the street, and appeared in a helpless condition ; Andrews had hold 0/ the man's arm, and he appeared to be leaning on Andrews.

Charles Arthur Morgan deposed— l am a flaxmiller residing at Foxton ; I was standing in front of Mr Fraser's shop last Friday afternoon about hnJfpast one o'clock ; I saw a man lying on some coal in Andrews' dray which was also in front of Mr Fraser's shop ; the man appeared helplessly drunk; he appeared so from the way he was laying, having his head "over the near side wheel ; I heard Andrews siy " you will have to. get up you cannot lay there;" he mumbled something but did not move ; Andrews then said " if you do not get up" I will have to make you ;" he then caught hold of him and lifted him into the middle of the dray, and propped him up with an oilskin coat behind his back ; I left the team standing there and walked on ; he was a dark complexioned man»^ and had dark brown whiskers ; he hacWP a dark coat on ; he had a brown hard hat. The driver of the dray was perfectly ' sober ; I have known Andrews all my life and I have never known him the worse for drink. -• . . •_. .' . I saw Andrews about ten minutes prior to seeing him at the dray ; I was at the Post Office and he was at the door of the Post Office Hotel ; I heard him say to some man .there ''-if you do not come I will not wait;'.' Andrews came away without- anybody with him ; I came up the ; street with Andrews, he went to Westwood's and I went to Fraser's ; there were 3 or 4 men in front of the. hotel, one was very drunk, but it was not the man who was afterwards on the dray ; there was loose coal in the dray almost level with the top, then a tarpaulin, one or two sacks with something in them, and a box. ..... . William Aldridge deposed— l am a carter residing at . Foxton ; I was driving a dray through the Main street between 10 and 12 o'clock, and I saw John Andrews leading a man across the street from-^befcween^ten- , sell's and Westwood's towards Mr Fraser's to put him into ;. Andrews' dray which was standing opposite )Mr Fraser's; Andrews helped the man over the Jray wheel, and he fell on his face on the coal ; he lafd there ; Andrews had hold of the\ man's left arm ; he staggered across the road ; I was sure he was drunk ; he had dark clothing on, I think his hat, was. dark ; I know his whiskers were darit ; I think he was sft Bin sr sft ioin high ; I have never seen the man before. This was before I had dinner. Fanny McCrenor deposed— l am the cook at the Post Office Hotel ; the deceased William Brittain had been staying at the hotel; he came on Monday last week ; I saw the deceased last Friday a little after t2 when dinner was on ; he was in the kitchen when he had some soup and some vegetables ; he appeared to me to be sober; he used to come into the kitchen about twice a day to get some hot water to bathe his finger, and I do not think he was ever then under the influence of liquor ; I have known the deceased for some time. He had some drmk^wiih. jne on Friday at dinner time; he had a small glass of shandygaff, and I had a glass of beer; I went to the bar and got the liquor ; I do not know-who served me, I did not help myself; deceased spoke to me after he had his dinner and wished me good-bye; he was not drunk ; he was sober as far as I know ;, that was the only drink he had with me that day; he was not sober on the Monday night he came to the house ; he was sober on Tuesday ; he shouted for me and someone else on Monday evening in the kitchen ; on Thursday he was sober. John Andrews, recalled, deposed— l have heard the evidence of Walte*^' Alzdorf, George Archibald, Charles

« ■ ' — ' Arthur Morgan and William Aldridge, and the man they refer to as having seen me assist across the street and put into my dray is the same man who was killed last Friday afternoon by the wheel of the dray going over his head ; I walked up from the Post Office with Charles Morgan, and the man I called out to at the door of the Post Office Hotel " if you do not come I will not wait " was to the deceased William Brittain ; I understand that William Brittain is not the right name of the deceased which should be Colke; the time between I had a *~/di-itfk with the deceased when I first came in and the tinie I called at the Post Office Hotel for him was about two hours ; I saw the deceased in the I hotel in the passage through the door when I called out tb him, but I cannot say whether he vrAk sober then or not.