Criminal Sessions.

Thames Star, Volume XIV, Issue 4385, 23 January 1883, Page 2

Criminal Sessions.

(Pee Peess Association.]

Auckland, Yesterday. In the oase of Mrs Hamilton and Priestley for the alleged murder of Hugh Hamilton, the medical evidence lasted all' day. The only hew evidence was that of Dr Philsoti, who deposed: On the 29th November, as District 'Coroner,* I held an inquest on the body, of Hugh Aitken Hamilton, at whjcfr Mrs Hamilton, the female gave- evidence on oath, which'l took, dowa in writing. (Deposi-. tions produced, identified, and read out.) His, Honor pointed out to the jury that anything stilted by one prisoner could net be used as evidence against the other. ,

'■' DrPhikon, under croas examination by Mr Cooper: At the inquest E saw the body of deceased and the wound on the head. I examined the wound with my finger. I also saw the bedstead referred to by Mrs Hamilton in her evidence. So far as the external appearance of the wound is concerned, I thought at the time it might have been produced by a fall against the bedstead. There was nothing then to warrant me in believing it was caused by a blow. I have heard that a post-mortem examination has been made of the body. . ■■■.-. .■.■:.;

By Mr Cooper : If the dura mater was not lascerated, nor the ' brain surface injured, would the- injury be more likely to have been caused by a' fall than by a blow?

. Witness: Well, I think it might have been* caused either way. Of the two, it would more likely to have resulted from a blow. There is nothing improbable, however, in the theory that the wouud w'cs caused by a tall. I accepted this opihron from the tendered evidence given at the inquest, and from my own observation. The dura mater is the strong membrane that lines the skull and covers the brain.' With the chart of the skull prepared by Dr Paw son before me, and knowing the result of the post-mortem examination, I see no reason to change my\ opinion. I suppose that in such a fall the natural elasticity of the body would cause it forebound, and that would account for the other wound ; besides, the fact of the dura mater not being injured, I have' seen similar cases. It is quite possible for a man so injured to get up and walk as well as speak. I have known such cases. There is nothing improbable in what Mrs HamiUoa alleges as having been done by her husband after the first tall. The inside fracture of tb c temporal tone might also have been caused by>?tlle*' second fall. I have had long acquaintance with hospital oases, and I^have^ seen numerous fracture^. I have-seen"persons who were killed on the spot'by a fall from their feet. At the age of 25, perhaps, the skull of a man attains its full strength, and there is nothing improbable in the fact that such a wcand might bo caused by a tall even when the skull has attained its full strength. I do not think that any medical men oould tell with certainty that any particular contused wound could bo caused by a particular weapon. I havo seen a clean incised wound on the back of the head that was made by a stick. There is a great difference in skulls ; some arc brittle and some are tough; some are thick, and others thin. A violent shock at one point would run rapidly to the other. I had good opportunities of seeing Mrs Hamilton at the inquest held the day after the d«at&. She appeared to be

ovsrwhelraed- with ..grief. She gave her evidence calmly and clearly. (There was nothing to le,id me so believe she was concealing anything' or making a false She seemed to be weak, and lie had a sick baby with her. Before the jury met she had the baby on her lap, and i it appeared to me to be very near death. Dr Walker gave evidence at the inquest. (At this stage his Honor expressed an opinion that all or none of the depositions taken at the inquest must have been put in evidence.) He signed the deposition - : ■■« ■..--.■■ „-. \■.>■.- ■■ To Mr Earl: The wound on Hamilton's head was obvious. At the inquest Dr Walker described how decomposition might -have the effect of'altering it.'" Three weeks' interment of the body would be likely to so alter it that nothing could be inferred with certainty from it. It would then be very difficult to say it fitted exactly any instrument. I knew of the Hawthorne case, where a man fell at Newmarket. That was a case in which a man while drunk fell from his feet on to a kerbstone, fractured his* skull, and died almost immediately. The Orowa Prosecutor: If Hamilton fell on the bed, would not the wound be lateral rather than vertical ?

Witness: I understood he fell on a corner of the bedstead I saw at the. in- 1 quest. I understood Dr Walker remoired a piece of bone from the wound.. I put my finger into it, but I did not make a critical examination. (At this stage the bedstead was brought into Cou?t and fixed in position in front of the witness box.) I see that corner of the bed is round,; but I was aware that Hamilton fell against a projecting part of it. If we suppose th r at he waa drunk and tripped and fell I see nothing incredible in the belief that he fell against the bed, received Buch,a wound as that sustained by Hamilton, and rebounded back again. It would be impossible to say whether a fall against a kerbstone or agaiast a bedstead .such as this would be more likely to produce a fracture.., I do.know of one case in which after a compound comminuted fracture of the skull had been sustained, the injured person got up and walked and talked. I refer Jo the case of the son of Mr Gardner, the chemist. lam quite avrtre there is a difference in the medical evidence as to the probable cause of Hamilton's wound. My position is that I would not like to swear that, it could not have been caused by a fall against the bedstead. • Dr Goldsbro', in. his evidence, said he failed to see on what Dr Philson based his opinion,»as. he had never seen the skull.

This day

: The Hamilton murder case was continued at the Supreme Court to-day. Detective Stratheara was examined, and in the course of his evidence it was sough t Zo produce^ letters from Kobert Neilson (Mrs Hamilton's brother) to Priestly; but the Judge ruled them, iaadmissable, as they were not produced at the Police Court, or notice of intention to produce them previously given.

(FROM OtTB'OWIT COBEESPONDENT.)

Auckland, This day.

It is a prevalent opin'on here that the Hamilton murder case .will fall through; It was stated in Court to-day that the case will conclude at a late hour tomorrow evening. - , >