Alleged Murder.
ACCUSED COMMITTED FOR TRIAL.
The Coroner (Mr. R. Porter) held an inquest at the Court House on Monday touching the death of one (supposed) Edward Carson, who died at the Wellington Hospital on Saturday night from injuries received, it was alleged, in a disturbance at Winters’ Hotel at about 6.30 p.m. on Saturday.
The following jury was empanelled — Messrs. R. Read (foreman), R. Tait, F. Kennard, J. Walker, J. W. Marshall, L. N. Hyeronimus, J. T. Mallon, J. B. Wynne, W. J. Robinson, F. W. Everett, and A. Deveson.
Sergeant Steele conducted the case on behalf of the police.
After the jury had viewed the body, the following evidence was adduced : —
Constable Claude Bovard, sworn, deposed: In consequence of a message which came to the police station on Saturday evening about 6.30 went to Tattersalls Hotel kept by J. Winters ; made some inquiries from Mr. and Mrs. Winters and then went into a yard at the rear of the hotel ; saw William Henry Davis, now present in custody, behind a water tank in the yard ; said to him ” I want you to come with me ” ; he replied ” All right, Constable ” ; Davis and I proceeded along to the intersection of Lee and Gisborne-streets ; Davis said, ” What are you arresting me for ” ; replied ” Am arresting you on suspicion of inflicting grevious bodily harm on a man whose name is unknown to me ” ; he asked, ” Is the man dead ” ; replied ” No, not yet ” ; he said, ” You know you b—– c—– but you won’t tell me. ” Coaxed Davis along a bit further down the street, and he became very violent and resisted ; obtained assistance and brought him to the look up ; then returned with Constable Byrne to Winters’ Hotel there saw the deceased, subject of this inquiry, who was lying on a couch in the parlor of the hotel ; viewed the body today at the hospital with the jury ; deceased was lying on his back ; he was unconscious and breathing very heavily ; procured a conveyance and took him to the hospital ; went back and saw deceased lying dead about 1 o’clock on Sunday morning ; there were no marks and no blood about the body ; produce papers ( A.W.U. ticket and shed references ) – handed to me by Sergeant Steele and was informed that they were found on the body of deceased ; also produce a watch and one gold ring handed to me by Sergeant Steele ; the nine pence in cash and other small articles were handed to me by the Matron at the hospital ; was informed they were found on deceased ; saw Davis now before the Court in the lock-up about 7 o’clock last night in the presence of Constables Byrne and O’Reilly ; asked him his name ; he replied Henry Davis ; said ” I now charge you with feloniously and maliciously slaying and murdering one Edward Carson, at Wellington on the 9th January, 1904 ” ; then said ” You are not compelled to make any reply to the charge, but whatever you may say will be taken down in writing and used either for or against you at your trial ” ; in reply to the charge he said, ” Is that the man I hit at Winters’ Hotel ” ; I said ” Yes “; he asked ” Is there anything wrong with him ” ; I replied ” Yes, he is dead ” ; he replied ” I only hit him one blow with my fist and he fell into the gutter ” ; Constable Byrne then said ” Was he a stranger to you ” ; he replied ” Yes, I have never seen him before.”
John Henry Luke, sworn, deposed: Am 18 years of age and live with my parents at Wellington ; left home at 6 o’clock on Saturday evening and went to Winters’ Hotel ; saw William Henry Davis, now in custody, there ; there was a row ; saw a man leaning against a post ; now know him as Edward Carson ; post is the one used for hanging horses up to at the edge of the footpath ; Davis struck the man under the jaw ; the man fell backwards on the kerb stone ; the back of the man’s head struck the kerb stone ; was standing about a yard and a half away ; was leaning on the other end of the rail ; the man lay there ; some men picked him up and put him on the seat under the verandah ; never heard the man say anything to Davis ; he was not quarrelling with Davis or anyone else ; he was standing quietly leaning against the post ; he made no attempt to defend himself ; the blow was struck suddenly with the shut fist without any warning ; saw the body of deceased this morning at the hospital ; identify the body as that of the man Davis struck.
To the jury : Davis was standing by the post ; there was no one with Davis, and there was no altercation of any kind.
To Davis : Did not see a big man between you and deceased ; saw a few men standing around you ; heard no conversation, but some words were passed between you and deceased which I did not hear ; you were under the influence of drink.
To the jury ; Deceased was quiet in his demeanor ; Davis seemed excited ; heard Davis speak to Carson, but did not hear Carson speak.
George Buckley, sworn, deposed : Am a laborer at present residing at Wellington ; was at Winters’ hotel on Saturday evening last about 6 o’clock ; saw William Henry Davis now before the court ; saw another man named Carson, whose body I saw at the hospital yesterday afternoon ; there was a row on with Davis and another man ; do not know the other man ; deceased was standing against the post to which horses are tied ; deceased was not saying a word to anyone ; was about five yards from deceased ; saw Davis strike deceased with his right fist about the jaw ; deceased fell back from the post, the back of his head striking the kerb stone ; two other men and myself picked deceased up and placed him on a seat on the verandah ; deceased was unconscious ; Mr. Winters wet deceased’s lips with rum ; about half an hour afterwards deceased was carried inside and laid on a stretcher ; deceased never spoke; never saw deceased before ; myself and another man then informed the police ; in the meantime Davis was brought to the police station.
To Davis : When I picked up deceased he was not bleeding ; saw you strike deceased ; deceased did not give you any cause ; was not there in the morning ; went to Winters’ about 5 o’clock; did not see any thing else occur ; saw you and another man having a row.
George Curwan Rickes, sworn, deposed : Am a laborer residing at Wellington ; was standing at Cox’s corner opposite Winters’ Hotel about 7 o’clock ; the man rowing with Davis was a little dark man ; saw deceased standing against a post ; he was struck ; recognise Davis as the man who dealt the blow ; saw accused fall ; saw deceased had a nasty fall and went across ; saw Davis start to walk up the street ; had a clear view of deceased, but there were other men standing between me and Davis.
To a juryman : Deceased was standing quietly at the post.
James Wright Winters, hotel keeper, sworn, deposed : Saw a dead body at the hospital ; saw the deceased at my hotel on Saturday ; have since heard his name was Carson ; Davis was also there ; was at the tea table at about 6 p.m. or a little after, when I heard there was a wrangling on in front ; came through the bar and out into the front of the place ; saw two or three men carrying the deceased from the horse rail onto the seat on the verandah ; had a look at him and tried to rouse him up ; poured some water on his forehead and on his wrist ; moistened his lips with brandy ; some time after that deceased was carried into a little sitting-room and put on a couch ; went in and saw deceased ; he did not seem to be any better than when he was on the verandah : then sent for the doctor : before the doctor arrived the police came down and removed him to the hospital ; saw Davis when I came out of the bar ; he went away from the place and came back a little while after ; saw deceased about half an hour before he was carried in ; he was then sober, but had two or three small brandy gaffs ; he appeared in perfect health ; had no conversation after with Davis ; sent a messenger to the police before this had happened, in consequence of a disturbance with Davis and a man called Darkin.
To the jury : Davis wanted to quarrel with Carson ; deceased wanted to fight with Davis in the morning for money ; Davis was the cause of the quarrel ; Davis was walking through the place bumping up against everybody, and bumped against Carson and then wanted to fight ; Carson was not the aggressor in any way ; did not hear Carson call Davis any bad names ; Carson was at my hotel off and on through the day and was very quiet.
Adjourned till 2.10 p.m.
Christopher Hewitt Siggons, sworn, deposed : Have seen the dead body of Edward Carson, the subject of this inquiry ; deceased had been staying at my place ; he came there on Thursday morning between 9 and 10 o’clock ; he had a bicycle, and engaged a room ; saw him last about 5.30 on Saturday afternoon ; he was still staying at my place ; he left my place and went in the direction of Winters’ Hotel ; he was quite sober and apparently in good health ; never saw him before Thursday morning ; heard some one call him Ted ; did not know his name ; he appeared to be 25 years of age ; said he had come from Dubbo ; paid his way as he went along ; saw some silver with him ; saw no quantity of money with him.
To the jury : Deceased was as quiet a young fellow as had ever stayed at my place ; he might have been away from my place during the day.
Charles Hunter Graham, sworn, deposed : Am a legally qualified medical practitioner, residing at Wellington ; received a call on Saturday night last between 9 and 10 o’clock; saw a patient named Edward Carson ; examined him, and found him suffering from concussion of the brain ; examined him for any external wounds or injuries, but found none ; he died about 2.20 the same night ; he remained unconscious all the time he was in the hospital ; on the following day made a post mortem examination with the assistance of Dr. Linton ; the body was that of a man about 5ft 11in in height, well nourished ; there were no external signs of violence sufficient to account for death ; there was one small contused wound on the centre of the back, and a bruise on the back of the head ; after opening the body found all the organs normally healthy with the exception of the right lung, it having a slight form of pleurisy; nothing to account for death ; on examination of the head there were considerable swelling and concentration of blood in the tissues on the right side on the back of the head ; on removing the skull, on the interior of the skull on the brain on the right side there was a considerable amount of recent blood clot ; on further examination there was a small v shaped fracture at the thinnest part of the skull, about ¾in above the right ear ; this caused death ; deceased must have fallen with very great violence ; from a blow from a man’s fist, falling back on the kerbing would be sufficient to cause the fracture ; he must have fallen on the right side.
To the jury : do not think the fracture of the skull could be made by a blow from a man’s fist; there were no marks on the face; it would be quite possible to render a man unconscious from a blow.
Joseph Phillip Ward, sworn, deposed : Am 16 years of age and reside with my parents at Wellington ; was at Winters’ Hotel on Saturday night last between 6 and 7 ; saw William Edward Davis there on the footpath and several other people ; saw Davis walk over and hit Carson with his fist ; Carson fell with the back of his head on the kerbstone ; he was picked up and and carried in.
Ernest Alfred Fulton, sworn, deposed : Am a storekeeper residing in Wellington ; have seen the dead body of deceased, subject of this inquiry ; previous to that saw him alive on Wednesday and Thursday morning ; was talking to him on Thursday morning ; knew him at Kiama ; he was working there for a butcher ; am not sure whether his name is Carson or Callaghan ; could almost swear knew the man as Callaghan ; told me he had been working out back on a station, and came from Dubbo ; deceased was looking for work.
William Henry Davis declined to give evidence. VERDICT.
The jury returned the following verdict after a retirement of 40 minutes :- We find that the said Edward Carson died from concussion of the brain caused by a fall from a blow delivered by William Henry Davis on the 9th January, 1904, at Winters’ Hotel, Lee-street, Wellington. We further find the said William Henry Davis guilty of murder.
The accused, William Henry Davis, was committed to stand his trial at the Circuit Court to be holden at Dubbo on the 13th April, 1904.
http://trove.nla.gov.au/ndp/del/article/137893477
