A NAVVY'S DEATH.

FIVE MEN COMMITTED,

ON A CHARGE OF MURDER.

MELBOURNE, Thursday.—An inquest was held to-day concerning the death of Arthur Ernest Lupton, a young married man, lately residing at St Kilda., who was battered to death while employed as one of a gang of navvies on the railway line near Wallan. Patrick and .Frederick Carmody, William Payne, William Armstrong, end John Henry Prout (who were charged with the :murder of Lupton) were present.

Evidence regarding a disturbance at the hotel shaving been given, John Churchill, a laborer, stated that he was awakened on the night of January 27 >by a disturbance, but being ihysically a weak man he remained quietly in his tent. Between 1 and 2 o'clock .next morning Fred Carmody. Prout, and Payne came into witnesses' tent. Carmody was first. He had a stick in his hand. Prout came in next, and struck a light. Witness ■said,"What do you want, boys?" Prout caid, "Leave'him;alone. He is a white man." Carmondy said, "We are looking for Killarney." This was the name a member d'f the gang named Griffin usually went by. They went away, and witness crawled to the door of his tent and watched them go to the next tent to the north, and then to the next tent., Frederick Carmody had a stick. All five accused were together. Then a man's head came out of the tent, and Frederick Carmody swung a blow upon it. The head fell, and this was all witness saw. Witness heard a sharp crack as if a blow had b'ren struck. The men left the tent and went down the railway line, and then returned, and took Lupton out of the tent in which he was struck and put "him in 'his own tent. Someone said, "I have got worse than that before now; you have nothing to grumble about." Witness went back to led, and in the morning saw Lupton and spoke to him but he did not answer, except with a groan. Witness made some tea, but Lupton could not swallow lit.

Alexander Hugh McKay, a laboreremployed on (the Wallan railway -works,, gave (evidence that Fred Carniody and Harry Prout came to his tent on the morning of January 2S and wanted 'tD see a man that struck Carmody. Lupton was in the tent at the time, and followed the two men out of tthe tent. A blow was struck, and Lupton fell back into the tent with 3ais head on >the bunk. Prout helped witness to put him on the bunk Carmody came back with Prout, and Carmody asked, "Where is the man that got hit " Lupton asked, "Why do «ou hit me? I am a married man with a wife and four children to keep. I would not hurt a hair of any of your heads." Carmody was carrying a stick that looked like ;a picket.

Other evidence to a similar effect was given, and statements signed by Fred Carmody, Armstrong, Payne, and Prout were read, in whicn it was stat«d that Prout found Lupton lying outside his tent, and helped Mm into it. The blow, according to Prout, had been struck before they arrived on ♦he scene. The Coroner found that Lupton died from a fracture of the skull, due to a blow on the head feloniously struck by Fred Carmody, in the presence and with the aid, encouragement, and countenance of Patrick Carmody, Armstrong, Payne, and Prout He committed the five for trial at the Central Criminal Court. Bail for! Fred Carmody was refused, but was allowed to Prout in £250, and Armstrong, Payne, and Pat Carmody in £100 each.