New South Wales Inquests, 1850; 24/03/08
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New South Wales Inquests, 1850; 24/03/08 SYD1850 MAITLAND MERCURY, 8/574, 02/01/1850 FATAL ACCIDENT. - On Friday an inquest was held before J.S. PARKER, Esq., coroner, on the body of Mr. JAMES MAW [MAN] , the well-known master of the Cygnet schooner, trading between Sydney and the Paterson River. It appeared from the evidence that Mr. Man was attending the Raymond Terrace races on Wednesday last, having ridden over from Lemon Grove, Paterson River, with Mr. THOMAS SWAN. Mr. Swan had a mare which he entered for the first race, and rode her himself; in the course of the race she stumbled and threw Mr. Swan over her head, and he was picked up insensible, but fortunately recovered. Towards evening Mr. Man made a match between the mare and another horse, to come off on the following morning, and although he knew she was a buck-jumper, he afterwards cantered her round the course, accompanied by Mr. WILLIAM FEARLEY, of Singleton. Observing that the mare looked skittish, Mr. Fearley called to Mr. Man to keep behind his horse, but the mare apparently got the better of Mr. Man, darted past Mr. Fearley’s horse, and almost immediately after buck-jumped with great violence, throwing Mr. Man over her head; he fell on his head and rolled over twice, and on Mr. Fearley dismounting he found Mr. Man insensible, and bleeding from the nose and mouth. After supporting Mr. Man a short time, and finding he did not recover, Mr. Fearley rode into Raymond Terrace for assistance, when Dr. CADELL and others hastened to the spot, but found Mr. Man dead. The jury returned a verdict of accidental death. ANOTHER FATAL ACCIDENT. - On Monday the 17 th December, two men named JAMES ROSIN and BARTLEY DORAN were proceeding from Maitland towards Messrs. Gorrick and Fleming’s establishment, at Rutherford, in charge of two loaded drays. Rosin’s wife accompanied him some distance, and then left and returned into Maitland. The two days stopped some time at Chapman’s and then proceeded onwards, Doran’s dray being first, and Rosin, who was in liquor, being seated on the top of his own dray, which was loaded with about 25 cwts; Doran kept on his way, without looking behind him, till he found Rosin’s team come up close behind him, when he looked round, but could not see Rosin; he was afraid to go far from the drays, but remained calling him for some time, when he took the drays on, supposing that Rosin had returned after his wife. Meanwhile some persons appear to have found Rosin injured, for Dr. M’CARTNEY was sent for, and on proceeding to the spot, found Rosin lying in Mr. Gorrick’s paddock on his back, quite helpless, and complaining of great pain; he told Dr. M’Cartney that he had fallen off the dray, and felt the wheel go over him. Rosin was conveyed to the hospital, and closely examined, but no external marks of injury could be seen, although he complained of great pain on the slightest touch or movement of his body. Dr. M’Cartney treated him for concussion of the spine, but in spite of every attention Rosin gradually sunk, and died yesterday morning; Dr. M’Cartney was unable to state the cause of death without making an examination. Mrs. Rosin stated that she could find no marks of injury whatever on the body. The jury returned a verdict that Rosin was accidentally killed by falling off his dray when in a state of intoxication. MAITLAND MERCURY, 8/574, 02/01/1850 DEATH FROM OLD AGE. - On Friday another inquest was held before the coroner, J.S. PARKER, Esq., at Raymond Terrace, on the body of ROBERT PHAUP [PHAMP], an old gentleman aged about eighty years. It appeared that for the last twelve months Mr. Phaup had lodged at Mr. HALL’S, the Junction Inn, Raymond New South Wales Inquests, 1850; 24/03/08 Terrace, and had been usually cheerful and hearty, although feeble, saying that he had been forty years in the colony, and was eighty years old; On Thursday evening he eat a very hearty supper, and went to bed apparently in good health, but the next morning at seven o’clock he was found lying dead in bed; no noise had been heard during the night from his room, and he was lying in a quiet position, the clothes being quite undisturbed. Dr. CADELL , who had been called in on the first alarm being given, having looked at the body, certified that there were no marks of violence, and that in his opinion Mr. Phaup had died from natural causes. The jury returned a verdict of died from natural causes. FATAL ACCIDENT. - An inquest was held on Tuesday last, at the house of Mr. HOOPER , overseer on the Pickering Estate, near Merton, before J.B. WEST , Esq., coroner, touching the death of JOSEPH HOOPER , an intelligent little boy, about six years of age. It appeared from the evidence, that on Monday last Mr. Hooper, father of the deceased, was about to proceed to the river with a low heavy bullock cart or truck to fetch up some water, when his son who was standing by wished to have a ride, but his mother would not allow him to do so, and his father sent him back. The child commenced crying when his father drove off without him and Mr. Hooper had not proceeded above [??] hundred yards from the house when the boy, who was a very affectionate child, came running and crying after his father, unseen by his mother, and his father took him up and put him on the cart, and took him on it to the river, as he had done on several previous occasions. As they were returning home with a cask full of water that held 350 gallons, one of the wheels [surged?] from a low stump, and the child fell off the cart, and before his father could stop the bullocks, one of the wheels passed over his body; the poor child gave a slight scream and died instantaneously. The jury returned a verdict that the deceased came to his death by accidentally falling off a water cart, and the wheel of it passing over his body. 29 th December, 1849. CENTRAL CRIMINAL COURT. (From the People’s Advocate, Dec. 29) Thursday, December 27. FRANCIS POYNER was indicted for the wilful murder of DAVID FOLEY , at Pittwater, on the 8 th day of November last, by shooting him with a fowling piece, of which he instantly died. Verdict, not guilty. The trial took the whole of the day, and the evidence was entirely circumstantial. The prisoner was indicted for the crime in conjunction with one THOMAS COLLINS. The learned counsel for the prisoners, Messrs. FOSTER and HOLROYD , moved that the prisoners be tried separately, which was agreed to by the court. On the verdict of the jury being given, the Solicitor General informed the court that the Attorney General declined at present prosecuting Collins, and consented to his being admitted to bail on his own recognizance. The prisoner was ordered to be brought up on Friday. WILLIAM HUDSON was indicted for the wilful murder of one JOHN DONNELL , at Vermont, on the 11 th of November last, by striking him with a blunt instrument on both sides of his head. The jury acquitted the prisoner of the murder, and found him guilty of assault; sentenced to be imprisoned in Darlinghurst Gaol with hard labour for six months. THOMAS COLLINS , in charge for the murder of DAVID FOLEY , at Pittwater, was discharged on his own recognizance of £40, to appear when called on to answer the charge. The prisoner was in custody of the Sheriff on a warrant of having absconded from his bail, on a charge of robbing the late Mr. Foley. The prisoner was therefore retained in custody to be tried for that offence at the next Quarter Sessions. New South Wales Inquests, 1850; 24/03/08 MAITLAND MERCURY, 8/575, 05/01/1850 CENTRAL CRIMINAL COURT Saturday THOMAS COLLINS pleaded guilty to stealing various articles, the property of the late DAVID FOLEY , at Pittwater. Remanded for sentence. NICKY NICKY , another aboriginal, was indicted for assaulting one BULGOI , an aboriginal, at the Coldstream River, on the 21 st April, 1848, and for murdering him with a tomahawk. The evidence of a boy named IRVING fully established the fact that Nicky Nicky struck Bulgoi on the back of the head with a tomahawk, but left some doubt whether Bulgoi was alive when the blow was struck. Guilty; three years imprisonment. CORONER’S INQUEST. - Yesterday an Inquest was held at the Salutation Inn, before ROBERT WAUGH , coroner for the district, and a respectable jury, on view of the body of AMBROSE O’BRIEN , who was found dead and covered in bruises on the previous evening in Mr. STEWART’S garden. The enquiry excited considerable sensation, it having been ascertained that certain suspicious circumstances connected with the death of the deceased had induced the Chief Constable to proceed to the residence of two men in whose company the deceased had left Goulburn, and apprehend them for wilful murder. The prisoners were escorted into town on the same evening, and were yesterday brought up in custody before the coroner and jury. The jury having been sworn, the chief constable said he had received information on the previous afternoon that the corpse of a man had been brought into town, and on proceeding to the rear of the Salutation Inn, saw the body of the deceased (touching whose death the present enquiry was being held), carried into a shed at the back of the premises; the body presented many appearances of ill usage, and on enquiry, he (the chief constable) had heard that the deceased had left town in company with two men of the name of ERBY ; he proceeded out to their residence, at Darby Murray’s Flats; and on enquiring of them when they had last seen the deceased, they said they had not seen him since he left Woodward’s Hotel on the afternoon of that day; a pair of trousers, which one of the Erby’s had worn , was produced to him; they were stained with blood in several places; the prisoners had made a different statement afterwards; and having ascertained that they had been seen in company with the deceased, after he left Mr.