H.—37

12

any water-course as the one described. The quantity of food the deceased must have taken from the time of the injury to the time of his death must have been very small. There was a total absence of anything to indicate that a vehicle had gone over deceased. He measured the distance between the two injuries, and found it to be 42in. If one wheel had done both injuries there must have been marks across the body. He was of opinion that the man had died some time on Saturday. To the foreman: He thought both bones had been broken at the same time, though it was not improbable that one may have been broken before the other. It was improbable that the man was alive when Mrs. McCarthy saw him at 5 o'clock. To Inspector Broham :It was quite possible deceased may have been stiff at half-past 7 when found by Davis, two and a half hours after being seen by Mrs. McCarthy. The probability in this instance was because the man was exhausted, and the consequence was that rapid rigidity set in. To the foreman: It was possible the injuries may have been received as far back as Thursday. To the Coroner: The circumstances under which rapid rigidity set in was generally following great exhaustion at time of death. This was all the evidence. The Coroner then reviewed the evidence, pointing out to the jury the more salient features of the case, his summing vp —which strongly indicated that he considered the witness McCarthy to be concerned in deceased's death —occupying nearly three-quarters of an hour. The jury retired at twenty minutes past 12 to consider their verdict. On resuming at half-past 1, the foreman read the verdict, as follows: "That the deceased died on the 12th January from injuries received by violence from some person or persons unknown." The inquiry was then adjourned for an hour. On resuming, the jury added a rider to tbe verdict, " of grave censure on the inhuman conduct of Jeremiah McCarthy in allowing the deceased to lie in his apparent helpless condition without giving information to the police, or assisting him in some other way." The proceedings then terminated.

The Magisterial Inquiry. (Waimate Times, 2nd February, 1895.) At the Police Court on Wednesday the remanded case against Jeremiah McCarthy, charged with the wilful murder of the man found dead at Waihao on the 12th January, was commenced before Major Keddell, S.M. The court was again crowded, many persons standing throughout the two days during which the case lasted. Mr. White appeared on behalf of the Crown, and Mr. Raymond, with Mr. Hamilton, for the accused. Mr. White, in opening the case, said that all the evidence they could put before the Court would be purely circumstantial, but such as would clearly enable the prosecution to establish a prima facie case against the accused. Mr. White then briefly reviewed the main facts of the case as brought out at the inquest, in so far as they went to establish the charge against the accused. The following evidence was then heard: — John Henderson, groom, Glencoe Hotel, Waitaki North, sworn, said: I gave evidence in a case of a man named Thomas Sullivan. He gave the name to me when he called at the Glencoe Hotel on Wednesday, the 9th instant. He came about midday. He had some telegram forms in his hands, and asked for Jack Andrews. I thought he meant me. I asked him what he wanted, and he said " a receipt." I said, " You mean a telegraph form." He said, " Yes; I want £10 " ; and I asked who he wanted to telegraph to, and he said, "Joe Downs, Oamaru." I asked if he lived in town, and he said, "No ; five miles out of town." I said, " You will have to pay for the telegram," and I understood he would do so when he got the money. After I had written the telegram I asked him to sign his name. He said he could not write, and added, " You sign my name and I will put a cross to it." I asked him what name, and he said "Tom Sullivan." I suggested the words " Late of Seacliff," and he said, "Yes." I suggested the words because I thought the man silly. He took the telegram away in his hand. He did not walk lame. The man appeared to be in good health. He had a ruddy complexion. Cecilia Seaman, wife of Josiah Seaman, Waihao, sworn, said: I gave evidence at the inquest held on the 15th instant, on the body of a man whose name is unknown. I saw the man alive on Thursday afternoon previous. I saw his body at the hospital. He went to the tank at the goodsshed and. took a drink of water. He then went on to the railway platform. I saw the man go across to Allan McLean's stacks and get a bunch of hay. He brought it over and laid it down by the side of the shed. He then went to Mr. Scott's at the schoolhouse. The last I saw of him was his going over a wire fence to Mr. Burkes place, now leased by Mr. Crowe. I noticed that he walked as if his feet were sore. I did not see him alive after that. Michael Crowe, labourer, Waihao, sworn, said: I gave evidence at the inquest held on the 15th, on the body of a man lying in the morgue. First saw the man at 4.30 on Thursday afternoon. Saw him in an empty house leased by my father from John Burke. Deceased was lying on the floor. The man had nothing on but his shirt and drawers. He was awake. I passed half an hour after and deceased had come out on to the road then. He asked for Sullivan's place. I told him I knew no one of the name of Sullivan about there. He asked for McCarthy's station. I said I did not know of any such station. He said he has two farms. I said I would point out McCarthy's place, which I did. He went a chain down the road and then went across the paddock to McCarthy's. I noticed nothing unusual in the man's walk. He appeared in good health. He was fully dressed when he came out on the road from the house.