CORONER'S INQUEST.

West Coast Times, Issue 44, 14 September 1865, Page 2

CORONER'S INQUEST.

An investigation into tho death of Thomas Ball, tho Hokitika milkman, took placo at tho Harp of Erin Hotel on Tuesday last, before Dr. Beswick, coroner for Iho district. Mr Lowin, barrister-at-law, appeared to watch tho caso on behalf of tho prisonor, Absolom Brook, who waa shnrged with having murdered him ; while Mr O'Loughlin was prccent on behalf of the friends of tho deceased. Eighteen jurymen were ompannelled fa iho occasion.

Sergeant Blair, of the Hokitika police force, deposed, that on or about 4.30 p.m., on Monday last, the prisoner — Mr Lewis — I object to this stylo of proceeding, your Worship ; this is merely a pure inquisitiou into the causes of death — not a charge against any particular person. The word prisoner should not bo made use of.

Examination continued — That three men who gave their names as Absolom Brook, Stephen Chapman, and James Stevens, came to the Camp. Brooks was the first to speak ; he said he had come to givo himself in charge, for ho believed he had killed a man. I asked him was he serious, ho said he was, and made a statement to the following effect : — That he was part proprietor of a dairy situate some two miles from town, and that his partner, Thomas Ball, was in tho habit of carrying in the milk for sale. On Monday ho was rather late in returning home, and on his arrival they had some words, and ho (Brook) struck at Ball and either hit his head or the door, (showed his right hand which was cut and contused), stuting that two of tho marks were occasioned by tying up n wild cow, but tho mark on the middle finger was caused by the blow he struck Ball. I'o thought ho did not strike him. He had, however, come to give himself up, as he feared he had killed him. He gave no account of how the dispute originated. Witness then locked him up. According to the directions given him, at about half-past five, he proceeded to tho TwoMile, or North Creek, where the above occurrence had taken place, and on going inside found the body of deceased, which was quite dead, lying in a bunk. Searched him, and found £7 7s 9d upon him. Examined him, and found a contused cut under the right eye; a slight stream of blood hud flowed up the temple from it. The body wos quite warm. Should think he had been dead about an hour and a half. There was no one in the house but deceased There was a candle burning in a bottle ut the foot of the bed. Found an empty lemonade bottle in his right trousers' pocket. A man named Ferguson coming in, left him in charge of tho hut, then placed the body on a cart, and brought it to the Camp.

By a Juror. — There was no appearance of a previous struggle in the liouso. The body was in perfect reposo. I saw no other mark upon the bofly but the one under the eye. When Brook gave himself up he was not perfectly sober. Jumes Stevens deposed— That for some time he had been in the service of Ball and Brook. On Monday morning Ball left the hut to go into town with milk. Was not up at the time, but heard him go. and supposed him to be in his usual health. He returned about four o'clock in the afternoon. Before he arrived Brook had been complaining about his long stay in town. At this timo witness was writing a letter; presently Brook wont out, and, on coming back, said " Ball is coming." When he arrived, Brook said "You arc late getting home ; it is well you came home at all." Ball answered, "If you don't like me you pan got somebody else ;" upon which Brook raised his hand and made a stroke at him, but he (Stevens) could not say if he struck him or not. Afterwards they went round to the end of the house quarrelling. Rose and went to the door, and saw Brook strike at Ball that way (gesticulating) with his fist. The deceased stumbled and fell ou his back, but witnoss could not sec whero the blow took effect. After deceased^ fell, Brook came inside,. Heard him call upon Ball and tell him to get up and not be scheming. About this timo Chapman wont outside to look at him, came back and said, " I believe the man is dead." Went with him to whero Ball was lying, took hold of his ear and pinched it to see if there was any life in him or not ; he gave no sign of animation. We then came inside aud told Brook Ball was dead,' who said, "God deliver my soul. I never thought I should kill a man. I will go and give myself in charge ; I never was in chokcy in my life." We then carried the body into the hut and laid it on the bunk, and then came into town to the Camp, when Brooks gave himself up to the police. By Inspector Broham— l was standing about ten yards from them when Brooks struck the blow. Ho only struck him once. By a Juror — There aro some stones and a stump close to whore he fell. Did not see him fall on or strike the stump. By Mr Lewis — At the time of the scuffle Brook was not sober. By a Juror — I did not see anything in the prisoner's hand when he struck tho blow. Could not hear what they were saying whilst quarrelling. By Mr Lewis — Bull was sober when he came homo. I never saw him drunk Have heard him with a bad cough. Ho. once said ho came out to this country for tho good of his health. Heard him say he had spent 2Gs in town. S. 11. Chapman, on being sworn, generally corroborated tho evidence of the last witness. In answer to a juror, ho said heard Brook call deceased a loafer, By tho Coroner — Don't think Brook was excited through (It ink at tho time of the quarrel. We had somo boor at II o'clock, nnd also beer instead of tea for dinner. Wo might have drank a pannikin full each. Donald Ferguson deposed — I havo been in the employ of Brook and Ball for tho last two months. I livo at tho house. On Monday went to my bed after dinner ; wo had n glass or two of ale, and I felt drowsy. I had drunk about two pannikins full. Could not say what tho others had drank. I re-

member nothing of the quarrel, was asleep the whole time. I was roused up, and told that Ball was dead. They left me in charge of the house during their absence to the Camp.

By a Juror. — I have heard them quarrel before; they did not always agree. Dr. Berndt, sworn, said — I have made a post-mortem examination of the body of the deceased. On examining the brain I found both it and its membranes very much congested, and an extravasation of blood from its vessels ; there was also a fatty excresence on the top of tho brain three-quarters of an inch in diameter. On examining the chest I found a long-standing disease of the right lung, an adhesion to the ribs, so much so as to nearly prevent its action. The right ventricle of the heart was empty, but the left was filled with dark fluid blood. My opinion is that death was caused by sanguineous apoplexy, accelerated "by the morbid state of tho lungs, and might bo produced by excitement, a fall, blow, or anything of the sort. There is no external injury sufficient to have caused death in a moderately healthy man. No further evidence being adduced, the jury were left to consider their verdict ; and after half an hour's consultation, found Brook guilty of manslaughter. He was committed to take his trial at the next criminal sessions of the Supremo Court, bail being allowed himself in LSO and two sureties in L 25 each.