INQUEST.

Mount Ida Chronicle, Volume IV, Issue 210, 7 March 1873, Page 3

INQUEST.

An inquest was held on Monday last, at 12■'ridon, by H. W. Robinson, Esq.;•''Coroner; at'ithe Naseby Hotel, on view of the body of Walter Mornington—thence adjourned to the Court House—who came to his death" suddenly on the Ist inst: John Gleeson had been taken into custody by the police, as being implicated ih the matter, and, being present, was allowed to employ counsel, Or defend himself, if he thought fit. The first witness called was David Richards, who, being sworn, said: I am a miner, and reside at Naseby. lam known by a nickname of" "Welsh Davie." I have seen the body of the deceased, 1 which I recognise as that of Walter Mornington. On the afternoon of Saturday, March the Ist, I was in company with the deceased on my way from Smith's hotelacross Roach's Gully to my home: It was between six and seven o'clock. I saw the accused, John Gleeson, on the tailings in the gully, near a hut belonging to William the shoemaker. The deceased was walking about half a chain ahead of me. J cannot say which way Gleeson was going; but, before I saw him, I heard Mornington say something, and directly after that I saw G-leeson come from behind the hut which had previously concealed him fr6m my view. I do not recollect what words passed between Mornington and Gleeson, or whether they were angry words. Ido not know whether I said anything myself. The next thing I remember was that Mornington made some remark, and Gleeson made a hit at him and struck him on the side. Mornington, as well as I can recollect, tried to defend himself. Gleeson then hit him on the side of the head, and he went down. Ido not know whether I was struck myself or not. When Walter was on the ground Gleeson made an attempt to kick him, but [ do not know whether he kicked him or not. I then went between them. : The next thing I remember was trying to lift the deceased up. I raised him a little bit, and'l then called, " George, George; Walter is dying." 1 did that because I saw him open' his mouth and turn his eyes. A man named George Sinclair then came out of Mornington's hut, which is situate on the west side of the gully. Sinclair came and, so far as I recollect, felt his'pulse, and then ran back .for water. Sinclair b.ithed his forehead and his wrists. A number of men then came about, and I believe I saw Dr. Dick there. From the time when Gleeson knocked the deceased down until this present occasion I never saw Gleeson to my knowledge. , I was the worse for liquor, and so was Mornington; but I was the worst. We had drunk four or five half-pints of beer perhaps more—since we knocked off work at about four o'clock the same afternoon. T have known the deceased for five or six years. He was a native of Herefordshire, England. He was addicted to drink. I have often seen him under the influence of drink lately. Cross-examined by John Gleeson: I saw you in Roach's Gully, but do not know what you were doing there. You hit the deceased. I did not hear what he said. I may have said something myself. By the jury : lam sure that the deceased breathed after he was knocked down. He gasped once, and then his jaw dropped. He fell backwards. He did not attempt to vomit or speak after he was knocked down. Glee-' son was in front of Mornington when he struck him. At the time Gleeson tried to kick him, the head of the deceased was turned from him. I daresay there were some stones the size of a man's tisb lying about where the deceased fell. Gleeson struck him with both hands. I believe the blow on the head was given with the left hand. So far as I know, Mornington had never been subject to fits. He was not to my knowledge, ill about three weeks or a month ago. He was drunk -then. I r-annot say whether the deceased w,-is knocked down more than once. I believe the blow on the head was not a straight blow, but around blow. I cannot say for certain where the blow actually fell, but it was on the side of the head. So far as 1 can remember, it was somewhere about the head.

James Downey, being sworn, said : I am a miner, and reside at Naseby. I have seen the body, which I have recognised as that of Walter Mornington. On Saturday last, between six and seven o'clock in the evening, I saw the deceased, and David Richards coming .across the old ground from the back of the towjj into Roach's gully. When they were about six'yards from the gully, I heard the voice of o man whom I took to be John Gleeson, singing. I was inside my own hut, on. the west side or the gully, and my closed, but I could look out through an opening above it. I did look out when I heard the voice, and I then saw Gleeson coming down the spur leading to the worked ground. I also then saw the other persons whom I have mentioned. The deceased was walking.about three yards in front of Richards. They appeared to be the worse for drink. I heard them call out to Gleeson. I could not understand what they said. He replied, "vou can kiss my by a—s." He was carrying on his back a bundle of scrub or spear-grass! When he spake, ha was between thirty and thirty five yards from them. Both parties were equally dUtant from me. I should say about forty or forty-five yards, tlichar.ls and Mornington replied, but I could not exactly catch what they said. Gleeson then threw down the bundle of scrub, and walked toward them. /The deceased advanced a few paces to meet him. The deceased was still in advance of Richards. The deceased and Gleeson came together, and Gleeson struck at Mornington, who seemed to try and defend himself as well as he could. Gleeson struck him once about the body, and he fell. Gleeson did not at-

tempt to strike him while on the ground. Richards and Gleeson then squared up at each ether, and Gleeson knocked Richards down. When Richards fell, the deceased was id the act of getting up. Deceased went up to Gleeson, or rather staggered towards him. Gleeson went to meet him, and knocked him down upon the head, but upon the body. Gleeson did not atfc. mpt to kick him then, when down. Richards then arose, and approached Gleeson in a fighthu attitude.' Gleeson■ knocked him down, but did not attempt to strike him when down. The deceased was then getting up again. He and Gleeson advanced again to meet each other, and Gleeson again knocked him or pushed him down, by .a blow about the body. Gleeson then made a sort of kick at de-eased, as it appeared to me, he made a kick at Hie body of the deceased, not at the head. Richards, who was thea rising, said, "Go on Jack, we give you best." Richards then ro*e, and wen'., back for some meat that he had dropped a few yards back. Gleeson then turned away. .The deceased at this time was in the act of getting up, and he called, out after Gleeson, who had gone away about twenty-five yards, " Come r.n,.Jack, I'm not doue yet." Gleeson then went back> and with his left hand struck the deceased on the right side of the neck, and knocked him down. He did not attempt to hit him on the ground, but walked away, picked up. his bundle of scrub, and went towards bis hut. When Richards had picked up his piece of meat, he came to where the deceased lay, and lifted him up into a sitting posture. I heard him call " Walter, Walter." Then I heard him call out, " George, George, come out for God's sake, Walter is dying." George Sinclair then came out of Mornington's hut on the west side of the gully. He went to the spur, and said, "the man is dead." He then went back to the hut, and returned with something in a cap, and I think threw something from it on to the face of deceased, and rubbed his hands with it. I did not go out of my hut the whole time. Among the first people I saw arrive, I noticed Wuliam Boyce and Robert Batting, and after five or ten minutes the Doctor arrived. The deceased was then lifted and carried into his hut. I went into the hut and saw him. By the jury: I remained in my own hut all the time, and saw distinctly where the blows were struck. The blow on the neck was the nearest to the head. The whole affair only occupied three or four minutes. I did not think it would have come to anything serious. There are any amount of stones about there —some as large as a man's fist. The blow on the neck was a round-handed blow. Re-examined: I have known the accused (John Gleeson) for about two years, and have always met him on friendly terms. I do not kni/yv how long it is since he returned- from? Dunedin: He was in my hut and we; had a long conversation, and I lent hxm some books. I found him to have good sound sense—as well as any other man—in conversation. I do not think he drinks anything. Cross-examined by John Gleeson: If you had gone straight on to your hut, and not been called aside by the deceased and Richards, you need not have gone into the gully at all I could not hear what they said, but I distinctly heard what you said. I have no doubt but they tried to best you if they were able. I was rather frightened to interfere myself. John Dixon, being sworn, said: I am a miner, and reside at Naseby. I have seen the body, which I re ognise as that of Walter Mornington. [The main evidence of this Avitness w.:is only corroborative of that given by Downey and George Sinclair, so we om=t it.] _ , On being cross-examined by Gleeson, he said: I did not hear the men speak to you. It was the deceased who first came in contact with you. You' were both in- fighting' attitude. I could not say what were the men's intentions towards you. I think, if it had been my case, I would have gone away and left them. & J BytheCoiirt: I should have gone away, because they were two to one. Richards seemed very drunk, but Mornington seemed well able to walk. _ Cross-examination continued: I knew very little of the character of the two men. Thev are not, that'l am aware of, notoriously quarrelsome men. George Sinclair, being sworn, said : I am sometimes called " Yankee George". I am a miner, residing at Naseby. I have saen the body, which I recognise as that of Walter Morpinirton. Between six and seven o'clock on Saturday evening last I was in the. hut of the deceased, on the west side of Roach's Gully. I was changing my clothes. I heard loud voices in the gully. 1 hear 1 David Richards call out, *| George, George, Walterisdead." I knew his voice. I ran out and saw Morning ton lying on the tailings 30 or 4,0 yards away. Richards was trying to raise him by the shoulders. I helped to raise him to a sitting posture. He did not seem to me to be breathing. I felt for his pulse, and found a very .'faint pulse. The eyes were half closed. I saw that the lower lip w s cut. A little blood was flowing from the mouth. I ran to the tent, brought water, and bathed his temples! He gasped twice, find I heard a sort! of gurg ling noise in the throat. He did not move after that. There were a number of men present then. The doctor arrived a minute or two afterwards, and had the body conveyed to the hut. I do not believe the man was alive when the doctor arrived. I did not see the accused in the gully when I came out of the hut. I had not seen any blows struck. I was quite intimate with Mornington. I was not myself aware of any quarrel between him and Cxleeson, but hav* heard that they had some quarrel about a fortnight ao-o. John Dick, being sworn said : I am a legally

qualified medical' practitioner, and reside at Naseby. About tw'entyTfive minutes before seven o'clock on Saturday, evening last I was called to see a man in Roach's Chilly. I found him partially supported by David Richards. I examined him, and found that he was dead. I then had the body removed to a hut, where I examined it more minutely. I recognised the boc y as that of Walter Mornington. I - hodit undressed, -with the exception of the trousers. I fouud tin- abrasion of the lower lip, on the right side, from.which blood had flowed. There was a little blood on the chin from that wound. I oar .-fully examined the body about the chest and head, but could find no mark of injury, not even a discoloration. The next day, in the forenoon, I held a post mortem examination of the body. On having the trousers removed,; I found a slight abrasion over the left knee. I examined the head, and on dissecting back the posterior flap of the'-■ scalp, I found effusion of blood beneath the integuments. It was a contusion. I carefully examined, but found no other contusion or sign of. injury, before opening the skull. After removal of the skull-cap. I could see nothing very, unus/ial on the surface of the '-upper and posterior portion of the brain. On allowing the brain carefully to fall back wards, and looking in between the brain and the base of the skull I found : extravasated blood: • I was careful not to cut any large blood vessels, and am therefore confident' that there was extravasated blood. I removed the brain, in the usual manner, and found a quantify of clotted blood at the base of the brain, and extending along the fissure of syloius. Between and upon the pons varolii and themedullaoblongata there was also a quantify-of clotted blood, but not so much as in the anterior portion of the base of the brain. On separating the two hemispheres of the cerehrum } I found clotted blood upon the anterior part of the corpus callosum. I found, on cutting into the substance of the brain, that it was congested. There was no extravasation of blood in the ventricles of the brain. I examined the chest and the abdomen. On dissecting the integuments and muscles of the chest, I found nothing unusual. I found the lungs and' heart healthy,' and discovered nothing unusual about the abdominal viscera. In my opinion, it was the effect of the force or blow that caused the contusion on :the upper and back of the head, that caused the injury to the brain which resulted in death. There was no fracture of the skull. It would have been possible for the man to have received the injury by a fall upon stones. It might have been done by a hard blow of a man's, fist. A kick might easily have done it. If the deceased was a man of intemperate habits, and at the time under the influence of drink, and excited, his brain ".would have been congested, and less injury would produce extravasation in such a subject than in a man of temperate habits.- / " ■ .—-~j£ Cross-examined by John Gleeson: It isnox likely that a fall, would have produced such great mischief without a push as well, even although the man-fell against a hard substance. It is quite possible that, under certain circumstances, a man may receive mortal injury by a mere fall. In such cases there has usually been a diseased state of the heart or blood-vessels of the head and brain. By the Court: It is my belief that the blow or force tha.t caused the contusion produced concussion of the brain, as well as extravasation of blood. Adam JohnM'Oluskey, being sworn, said: I am a senior sergeant of police, stationed at ISTaseby. Between six and seven o'clock on the evening of Saturday last, it was reported to me that men :were fighting in Eoach's G-ully. I went at once to the spot, and found that a man named Walter Mornington was dead, and that blows had, as it was alleged, been inflicte.d by the accused John Gleeson. I went to his hut and arrested him. He went with me quietly to the police station. He had previously been in custody in November, 1871. He was then sent to Dunedin from the Resident Magistrate's Court here, on a charge of lunacy. About six months ago he returned to Naseby. After his return I saw him frequently, and have at times spoken to him. I have always found him to answer questions in a sensible manner. In consequence of remarks made ' to me, I, in the course of my duty, kept my eye upon the accused, but nothing has come under my own observation to justifjr nie in re-arresting the accused on a charge of lunacy. During the past week I have noticed his behaviour as : being rather strange. He has been walking about and singing loudly. : Since he has been in custody he has been siuging and walking about the cell, but he has 1 always been able to answer me sensibly. : By the jury: Constable Gray accompanied me when 1 went to arrest the accused. I asked some other people to go with me, and they did so. When I,went into the hut the accused was cooking some eggs. He came with me when I said he was wanted. He said, f-AH right." The Coroner then reviewed the evidence. He pointed out to the jury that murder, could nob attach to anyone who unfortunately took the life of another, .unless malice and intent coald be shown; and that there was ho evidence in this case to -warrant the assumption of either.. The difference, again, between i manslaughter and justifiable homicide lay in | this: that if a man was so circumstanced as i not to be able, fairly and without danger, to-' escape from another who was attacking him ; with intent to injure, and in pure self-de- '■■. fence,,by blow or otherwise, killed his assail-1 ant, that act would be held to be justifiable ■ homicide. The evidence showed that.the; blow or push which presumedly threw Mor- j nington for the last time, and which he only \ survived a few minutes, was given by Glee-! sou, who came back to meet Mornington in ;

answer to the lattei-'s challenge of "Come on, Jack; I have"not done yet." The jury then retired to the Masonic Hall for about an hour, when they returned to Court. The Foreman, Mr. James - Thoni3on,' in answer to the Court, declared that the jury unanimously brought' in a verdict of manslaughter against John Gleeson; and that they wished to attach a rider— "That Gleeson acted under provocation; and, "further, that he was not at all times responsible for his acts, and ought to have been kept under proper surveillance." The jury -were discharged about 9.30 p.m. J. Gleeson therefore stands committed to--take his trial at the next sitting of the Supreme Court.