INQUEST.

Waikato Times, Volume VI, Issue 329, 23 June 1874, Page 2

INQUEST.

Ay inquest was commenced on Wednesday tli6 17th instant, at Sberley's Hotel, Rangiriri, on the body of Aaron Fallowcs, who was found dead outside the übovo hotel on the morning of the lGth inst. The following composed the jury : — James Larkin (Foreman), J. Kennedy, James Evett, W. Watty, Denis Hertman, G. Worthington, G-. 11. Green, L Holiday, G. Slnxrtleff, W. Carrington, E. E. Tregear, Peter Gall. lltThomas Homur being sworn, deposed — I am groom to Mr Sherley at till Royal Mail Hotel. Yesterday morning (the 16th), about 7 o'clock, I was working about the stablo and went out to catch two horses, I saw a man lying on the ground near the verandah of the hotel. I said to John the cook, "I believe there is a drad man lying outsiile." I went out with Curley and looked at the man. Ho said, " the man is as dead as a door nail." 1 went back to the kitchen and told his mates who were there that a man was dead, they went out and looked at him, I went on with my work. Ten minutes or so afterwards Mr Sherley and others carried him into the stable. The body was hing about two or three feet from the verandah, alongside of it, the body was on its back. About 10 o'clock the night previous Mr Sherley put two men only to sleep in the stable. The man now dead is not one of the two. I did not observe any blood on the body or any marks of violence. John Curley deposed— When I saw the body first the right arm extended, and the left bent up towards tho shoulder, it was lying on its back straight. I saw no marks of violence or any blood about him. ]3y the appearance of the body I think he had been dead about two hours. I did not observe anybody feeling near his heart. When I told Sherley the man was dead, I did not hear him make any remark in particular. I went to bed in Sherley's stable about 8 o'clock on the previous evening. I heard no row of any sort, there were two other men sleeping m another part of the stable, both of them I believe were under the influence of liquor. James Sherley sworn, deposed — I a--n landlord of the "Royal Mail Hotel at Eangiriri. On Monday evening I returned home from Ngaruawnhia about half-past G o'clock. I found the man (now lying dead) in the bar with two other*. They hnd all evidently been drinking, but were not incapable, they asked for beds. I told them that I could not give them beds as my house was quite full. I think there were from 17 to 20 persons lodging in my house that night. About half-pa-t 8 1 told tliose men that they would have to leave the bar ns I was going to put the lights out. I put them out shortly afterwards. The man Aaron Fallow es was rather noisy, and insisted upon stopping in the hou«e. I had previously told him to go home to his camp, or to get a bed at the other public house while it was yet earl}'. On my putting down the lights tho three men, including deceased, went quietly out of the house. One of them said, " Well, Mr Slierley, you would not like to see us sleep in the open air such a night as this ; let us sleep in tho stable?" I took thrco of them into the yard, my ostler was in his own room with a light. I called to himjto bring a lantern ; he came, and I believed the three men went into tho stable. I gave them a bundle of dry stuff for a bed. I shook it out for them. After having done thi*, my ostler and I missed one of the three men. I proposed to iook for him, and looked into an out-house, and was going to others when I heard a violent noiso at the door of the hotel. I went to see what was the matter. As I got near it, I heard what I believed to bo a kick at tho sittingroom door. It was very dark at this time (about 9 o'clock). I collared tho man who was kicking at the door and turned him round towards mo, at tho same time ho took hold of mo. I pushed him from me, and he fell on the verandah. Having hold of him, he was cloio to me or I should have struck him. I then knocked at the door at which the man had been kicking, and one of my boarders opened it for me. To frighten the man I had pushed down, I called out to bring hand-cuffs and I would look him up. The man then said — ' All right, I will be quiet ' I came into the house, leaving tho man lying there. I found the room when I came into the house full of my boarders prepared to resist tho man's entrance into the house. I remarked to them that I thought the man would not trouble us any more that night, that he had said he would bo quiet. About an hour after some men stopped at the door of the hotel — (four natives)*- They asked for fonr glasses of beer; tho Maori's had a lighted candle with thorn. I called out and asked them to look at tho white man ; they did so, and laid that ho was asleep. About the same time a man named Richards came into the bar, I asked him if he had seen a man lying on the verandah. He said he had nearly fallen over him. I asked him did ho speak? Richards said he mumbled out something. About eleven o'clock I went to bed. I did not look at the man any more. About half-past seven the next morning I heard that a man was dead, lying in front of the house. I got up and went out to see who he was. I found several persons prosent. lam not certain who was there ; but I think his own mates who slept in tho stable, there was also a man named Ourley, wlio assisted me to carry the body into the stable. Several persons then felt the man's heart" to see if ho quite dead, and it was the general impression that tho man had been dead from an hour to an hour and a half. I felt his heart myself; his body [was warm, but his limbs were getting rigid. About an hour previous to my closing the bar and turning the men out, the deceased came into the sittingroom. I told him to go out ; he did so, bnt "slipped down on tho verandah. He was soon up again, and in tho bar. He had been fighting, I believe, on the same day (Monday). When the natives looked nt the man, he was not lying on tho verandah but on the ground a foot or two distant. It was not raining on Monday night, William Richards deposed — I reside at Rangiriri. I was at Sherley 'b Hotel on Monday about a quarter past six. I saw deceased there ; ho was in the bar ; he had had some liquor, but I don't think ho was drunk. About 10 o'clock I left the carpenter's shop; in passing Sherley's verandah I come close to a man's head. I looked at him ; his right arm was then straight out, and his left bent up. T stepped on tho verandah and said 'Mr Sherley let me in ;' he did so. I told him there was a man lying outside the verandah. Mr Shorley asked me 'Is he dead or alivo ?' I said 'I am sure I don't know.' I stopped about half an hour in the house. On coming out I stepped agninst the sole of his boot. He neither spoke nor moved when I saw him. Next morning I heard there was a man dead at Sherley' s. I went to sco him. I knew tho body to be the sume I had seen on the previous night. The right arm was in the same position, and tho left much the same. I did not examine the body when I left Sherley's house. I believed the man to be simply drunk. Paraone (a native) deposed — I am a Government constable. Four of us came down from Lines 1 public house about 10 o'clock to Sherley's. On leaving we lighted a candle, I then saw a man lying down on tho ground. I thought is he dead or alive? I put my hand inside his clothes on his stomach nnd I thought ho was dend, but ho was still warm ; judging by tho warmth I thought ho was alive. I went away to our camp. I had the candle myself. I stooped down and put it close to his ear. I listened and heard his heart beat. I knew he was not then dead. The man had been drinking heavily during the day. He was very drunk up at the other public house. When I had left tho house- some distance Mr Sherley called me back to look at tho white man. I came with my candle. Mr Sherley alao saw him. His arms were then by his side, hu oyes wido open, and his mouth shut- I saw no blood on him, and his coot whs open. Tho inquest was at this stago adjourned till tho following dny. On resuming : John Mooncy deposed — I am n. labourer. The man now lying dead came with mo and another named Pat to Ranginri on Monday last about 11 a.m. We had a drink each at Sherley's. Deceased nnd Put then went to Innes's, I believe. I remained at Sherley'f and asked him for a bed. I could not get ono ; tho houso being full. 1 tried the other house without success. I eventually got into Shrrlcy's stable. I do not remember seeing decenscd on Monday evening. I vvns in tho bar of Sherley's hotel that evening. There were plcntp of piople there. Fallowcs inighfc ha*o been there. I was drunk. On Tuetdny morning I awoke nnd found Pat lying alongfido of me (in the itnbU) U nd a lupftlop. Put went out and returned, lining 'Fuilowcs is dead.' 1 wcut

to where the man w.is lying on Ins bnck ; I'c was dead. had not seen Sherley at tins time. lie camo shortly afterwards and said the man had been kicking at the door the previous evening and he had shored him away. Fallowes '. was sober coming into Hdngiriri. Patrick Riley, who accompanied deceased to Rangiriri, deposed to seeing him in Sherley's during the evening (Monday). At. six o'clock he was sitting on » cask ; be was then in my opinion sober. I was not drunk then, but tbink I was afterwards. Tho latter part of this witness's evidence was simply corroborative. Benjamin Stubbings deposed — I am a contractor. On Monday evening, about half-past nine, I was coming to Sherlej's from Innes'a ; when I got to the corner of the house I heard a groan, I could not ascertain whence it came. From where the body is said to have been found, I mutt hare passed over it bad it been there at that time. Robert Brown deposed — I am storekeeper at Sherley's. I remember deceased's coming into the hotel on Monday morning about 11 ; he called for drink which he payed for, and left immediately after. In the afternoon, about dark, he returned to the hotel ; at this time he was under the influence of liquor. Ho sat in the bar for nearly an hour talking. He then called for two drinks and remained for two hours longer. He had two more liquors before closing the bar ; this was about 20 minutes before nine. I asked him to go. Sherley led him out. I locked them out, and heard Sherley talking to deceased. Shortly atterwards I heard kicking at the front door. I went round to the front, and found Sherley coming in at the door, calling for handcuffs. Sherley did not speak to me on going into the house, but made a general remark that he had called for the handcuffs for the purpose of frfghtening the man. I did not hear any body say ' I will be quiot.' The deceased was drunk but not incapable. Percy Fraser deposed — About nine o'clock I heard -violent kicking at Sherley's door. I went out between 11 and 12, and walked outside Sherley's verandah. I did not see anybody nor did I hear anyone. There was no lamp lighted outiido the hotel to the best of my belief. Thomas Q-. Sands deposed — I was at Sherley's on the evening of the 13th* I left about midnight with a bottle lantern in my hand. In stepping off the verandah I noticed a man lying on his back. I threw the light on his face to see who he was ; when the light shone on his face he opened Ins eyes. I took hold of his coat and shook him, I said what are you doing here ? He muttered something which I understood to be 'All right.' I went home. Mr Sberley wa^ up when I left. I thought some one would come out of the hotel and look after him. I heard kicking at the door but nothing of a scuffle. Some one asked Sherley what he had done with the man. He said, I think I havo quietened him for sometime. The man was lying on his back with his arms by his side. I havo seen men on several occasions lying drunk outside. Charles Limracr, Constable, stationed at Mercer, deposed to coming to Rangirin, in consequence of Sherley writing that a man had been picked up dead outside his house. I examined the body when I arrived but could bco no marks of violence. Blood oozing from the ear. Samuel Rcardon deposed to being a servant at Mr Innes's Hotel. Deceased came out of the hotel during the day to fight with another man. They fought about ten minutes, the deceased would not light any more. I coaxed him to go home. He had the best of the fight, ho was not hurt that I could see. He started soon after the fight to Sherley's to search for his mates. Robort Telfer Corbett being sworn, deposed— l am a physician and surgeon, and duly qualified — I have m consequence of orders made a post mortem examination of the body of a man lying dead at Sherley's stable, represented to me as the body of Aaron Fallowes, apparently a middle-aged man. I have seen several marks of external violenco upon the head and face, viz. — over the brow, on the bridge of the nose, on the left ear, and under the left eye : these marks were abrasions, but in addition there was extensive discoloration over the frontal region. The scalp over this region upon being cut into showed that blood had been extravasated into the tissue down to the bone. Upon moving tho body slightly, a considerable quantity of blood flowed from the nostrils, and a small quantity from the left ear, the skull-cap seemed entire, which upon being carefully raised, and other membranes opencd,|di3closed the veins of the brain injured to an extensive degree. The brain having been held up showed an extensive clot of blood covering its basis and passing down in a clotted liquor; the spinal marrow as could be seen after the brain had been removed. lam of opinion that death was caused by tho effusion of blood upon tho basis of the brain — the result of external violence. I believe that the violence inflicted on the forehead was the cause of death that might have been from his falling on the verandah more likely than falling against a post. I am of opinion that after tho receipt of the injury be would not have been able ?o walk about. Appearances manifested by tho scalp lead me to believe that ue must have met with external violence. He might have fallen himself and received the injury on the forehead. lam not of opinion that ho died from exnosure to cold or drinking alone, or from any other causes than the injury I have alluded to. My impression is, that the man died rapidly after tho injury from external violence. The deceased might move or c\en speak after the injury, but it is my opinion that he would not be able to speak three or four hours afterw ards.

VERDICT. That the deceased Aaron Ful'owes came to his death from external injuries received on the night of Monday, the 16th June, near Sherley's Hotel, Rangiriri. That there is not sufficient evidence "to show how or by what means the deceased received those injuries. The following rider wa3 added : — ' The Jury can but request the Coroner to censure Mr James Sherley for his neglect of the deceased, for not rendering assistance to him after he had pushed him down, knowing that he win left lying in front of his hotel.' The Coroner, before dismissing the Jury, called Mr Sherley into tho room and severely censured him for his want of humanity and neglect of his duty as » publican.