ADJOURNED INQUEST.

West Coast Times, Issue 253, 14 July 1866, Page 3

ADJOURNED INQUEST.

On Wednesday the enquiry was resumed. Robert Shallcrass, deponed — I am SergeantMajor of Nelson police. In consequence of information which I had received from a man named Sullivan, who is now in gaol on a charge of felony, a party was sent out on Monday morning, 2nd July, to search for the body of a man named James Battle, who had been mutfdered on Tuesday, the 12th of June. The body was found in the place indicated, and was brought into Nelson ; it is the same body that now lies in the engine-house.

Samuel Athanasius Cusack, deponed — I am a Bachelor of Medicine, residing in Nelson. I have seen the body in. the engine-house. It is the body that was pointed out to me as being that of James Battle. The body had clothes on, and the face was covered -with mud. We removed the clothes and washed the body, which might be that of a man of about fifty years of age. The body was flaccid, and showed no rigidity. Allowing for the cold weather it might have been dead about a fortnight. There was no decay of the body except a slight separation of the cuticle, or what is commonly called the scarf-skin. There were no external marks of violence. The post mortem examination was made by Dr. Cotterell and myself. We opened the different cavities of the body. There was some possible congestion of the brain ; but nothing characteristic of a cause of death on that organ: There was a contusion under the skin at the upper Qnd of the windpipe on each side. There was nothing unusual inßide the windpipe or in the mouth, or air passages. The lungs were slightly congested, but nothing very remarkable. The heart was natural; there was a little air in the cavity of the heart. There was a contusion beneath the skin of the abdomen, a little above and to the right side of the navel, and a corresponding contusion on the intestines. The stomach was empty. Id& not think there was anything that would decidedly fix the cause of death. The Coroner — Have you any theories as to the cause of death ? Witness — If I had not heard the history of this ease, I should not have had any theory. The Coroner — Would death be caused' by anything which produced the appearance you saw on the body ? Witness — It is quite possible that death was caused by the grasp of a hand on the throat, leaving a mark of a finger and thumb on each side of the windpipe. If I had seen the body under other circumstances I should not have thought much of this mark. The Coroner — You have said there was a little air in the cavity of the heart, had that anything to do with the cause of death ? Witness — I do not think it had. The head was opened over night, and the heart this morning ; and the air in the heart had got into it through the veitß we had opened in examining the head. The contuaions on tho skin of the abdomen and on the intestines below tho skin were corresponding, and were such as might have been produced by a kick or a blow. The Coronex- — Mr Shallcrass says that from information received, this man, he has reason to believe, was killed on the 12th of June. That is over three weeks ago. You have said that you thought tho man had been dead a fortnight ? Witness— l said about a fortnight. Ido not think the preservation of "the body can be much taken into consideration to fix the time of death. The weather has such different influences at different times and places. Had it been summer time and tho body in the state it was, I should have said it had been dead about a day. The Coroner — Have you come to any con elusion as to the cause of death ? Witness — I cannot say that I have seen enough to enable me to state positively what was the cause of death. It would be consistent with strangulation from pressure on tho windpipe. The Coroner — Might he have been killed by the shock caused by a blow on the stomach ? or from decomposition of the body would it be difficult to say } Witness — There was no decomposition ofthe body. The blow did not rupture the intestines. The Coroner — Would a shock from a blow such as I have mentioned have caused death ? Witness — The appearances might bo consistent with that as a cause of death also ; but I think the other, that by strangulation, is the more probable cause. The Foreman— Do you think tho mark 8 might have been inflicted by a man kneelin

on the deceased's breast, and grasping him by the throat at the same time ?

Witness — That is a possible cause of some of the marks, but tho mark on tho stomach was caused by a blow inflicted before death. Thero can be no doubt about that from the appearances presented. Charles Edward Cotterell, surgeon, was the next witness. His evidence was similar to that of Dr Cusack. The brain of the deceased was slightly congested, being soft to the touch, and easily brokon up. The skin on the windpipe was marked with a bruise on eaoh side of the " Adam's apple." Thero was nothing very striking or abnormal, excepting a little congestion of tha right lung. We opened tho abdomen last-night, and the heart this morning, aud found a little air in the right side of the heart., The air might be the result of putrefaction or formation of gas, or from other causes. On opening the abdomen we found the muscles on the right side of the navel and a little above it bruised, and a corresponding bruise on tho " omentum" or caul. The Coroner — What is your opinion as to tho cause of death ?

Witness — I cannot swear as to any cause. The stomach was empty and healthy. I agree with Dr Cußack that the man might have been strangled. I cannot say fchafc the appearance of the body bears out strangulation as the cause of death, because it is so long since death, that much of the evidences of congestion does not appear. The jury, without retiring, found a verdict to tho eflect that Jame3 Battle was wilfully murdered.