TO-DAY'S PROCEEDINGS.

Auckland Star, Volume XXII, Issue 307, 29 December 1891, Page 5

TO-DAY'S PROCEEDINGS.

, Afc the Hospital this morning the inquest ■wafl reeumed. ■ ■

David Watt said he was in the Queen's Hotel and had a few glasses of beer on Boxing night. Ho saw-Kelly there, but he did not see .Maloney. Kelly was not quarrelling with anyone there. There was a row, and witness was knocked down, he ,did nob see by whom.

John Ghurton suid ho was in the Queen's Hotel on Boxing night with his wife about 7 o'clock. Keliy and deceased were (.here when he got there. They came into the room where ho and wife were sitting. Insuiting remarks were directed at witness' wife. Witness rang the bell, and Watt came in, afterwards Hawkins and MePhee. There was a Ecufile to get the men out. The room was cleared. There was scuffling in the passage after. James Maeowan was in the Queen's Hotel on the 26th of December. Hβ saw the deceased stumble over a chair from tho room into the passage. He picked up the chair. Deceased gob up and went into the room from which he had come out. He subsequently saw Kelly go as far as the foldingdoors. He' thought Hawkins was in the room that deceased came out of when he fell over tho chair.

Samuel Fuilerton, labourer, of Upper Queen-streeb, deposed that he passed the Queen's Hotel about ten minutes to eight. Hβ heard loud words and scuming inside, and stopped and looked in at the door. Witness saw Hawkins shove two men out. One man fell with the back of hie head on the pavement, but he could not be sure if it was deceased or Keliy. He saw a man with a light sofb hat geb up and stand at the door-posb. The other man lay motionless. He was lifted up by a man, who said, " Let's see il he.ia dead." Witness then went away.

Thomas Bateman, carpenter, Mount Eden, deposed Kelly and deceased were in ! the Queen's Hotel when he went in tcr a i diink shortly after seven. They were in a sitting-room, Witness liaa also seen de ceased thero in the morning. He saw a free fight, in which Kelly and deceased were concerned. The fight was started by Kelly punching the old man. Deceased joined in to help Kelly. Hawkins tried to clear the room. McPhep came to his assistance, and took hold of Kelly and got him into the passage. Hawkins managed to get deceased as far as tho foldinp-doors and Mb him there. Kelly came in again. Hawkins tdd deceased and Kelly to go home. ..Neither would. A constable was sent for. Subsequently they were taken to the door and fell out on to the pavement outside. Hawkins did not push either deceased or Kelly. Kellystopped about 20 minutes. Both men weredrunk, but deceased was worse. Witness was sober. Churton and his wife were both drunk, and in his opinion it waa not possible that Churton should be able to give an account of what occurred with exactness. Witness thought no one was responsible for the death of deceased except deceased himself.

Georgo Hill, saddler, deposed to being ab the Queen's Hotel between 7.30 and 8. He heard scufflings in the room off the bar. He saw several men in the passage going towards the door, and jusb ab the door one fell as if on his head. He was picked up,, and Kelly leaned him up against the door. Ho did not see who was creating the disturbance. The land-

terd appeared to be scuffling to pufc the men xjut. The man who fell was the deceased. The landlord apparently pushed them out, bub he thought deceased tripped near the outer door, when he fell on the back of his head. John McCarthy, bootmaker, Ponsonby, was passing the Queon's Hotel shortly alter seven on Boxing night, He saw five or six persons oubside Kyber Pass entrance to the Queen's Hotel. Witness saw several men in the passage engaged in a scuffle. Hawkins was trying to get deceased and another man out. One man was pushed out, and lell on the back ot his head. Hawkins pushed this man out. He also saw Kelly. Kelly had hold of deceased as he gob pushed out. He did nob see how Kelly gob out. Witness lifted the man up and felt the back ol his head, bub found no cut. Kelly was singing out " I'm his mate, I'll look after him. I'm Capbain Kelly." • Witness replied that Kelly was a poor mate for anyone, and told him to take hold of deceased. This Kelly did. No undue violenco seemed to be used. Witness went in to fetch deceased's hafe Deceased followed him in and threw himself on the sofa. Kelly walked in He did nob. .hear deceased speak. ° : William Osborne saw the men standing oubside propped ajrainsb the door. Mr O'Meagher said bhe affair had been s purely accidental. There was no evidence to show- thab the accused-was in any way connected with the death of deceased. It was a melancholy affair, and probably the accused was a greater sufferer than anyone - concerned. The coroner. Dr. Philson, aquiesced in whab O'Meagher had said about the way the deceased had met' his death, bub ib was the dut3 r of the jury to give their decision. After a short interval, the jury brought in the following verdict:—"Accidental death while under the influence of liquor. No blame attached to anyone." THE ACCUSED DISCHARGED. A sitting of the Police Court was held this afternoon, when Kelly was brought before Mr H. W. Bishop, R.M. Inspector Broham stated thab since Kelly was arrested an inquest had . been held before a jury and it was shown thab the circumstances of Maloney's death waa purely accidental, in which he concurred. Kelly was then discharged from custody.