A Charge of Wilful Murder.

Bruce Herald, Volume IX, Issue 891, 23 March 1877, Page 7

A Charge of Wilful Murder.

The ' Daily Times' ' correspondent telegraphs from Invercargill, under date March 20, as follows : — A crime amounting at least to manslaughter, if not to murder, has been perpetrated here. A laboring man named Thomas Cassarly came into town on Saturday night with two others working with him at some fencing about the Toi Tois. During the night he (Cassarly) lodged with Mr Cavanagb, iv Deveronetreet, but on Sunday he joined others of a party at Silke's Hibernian Hotel, Deestreet, and commenced drinking rather heavily. This indulgence in intoxicating liquor was continued by the party throughout Sunday — they never leaving their temporary residence. Among them was a man named John Monaghan, and another named O'Brien. Some growling took place between Cassarly and Monaghan, but apparently passed over. All slept in the hotel on Sunday night — Cassarly and O'Brien occupying the same bedroom. Early on Monday morning they were awoke by Monaghan, who came into the bedroom, and wanted " to fight it out " with Cassarly, and referred to some matter in dispute between them on the previous evening. O'Brien averred he knew no cause of dispute, and Cassarly pooh-poohed the notion of fighting over anything that had passed. Monaghan insisted on fighting—" having things decided" — but; calmed down afterwards. All three went downstairs to the bar, apparently quite friendly. Silke served them with four " Bhouts " of brandy in succession, and all retired to the backyard, ostensibly for private purposes. What passed is not at present clearly known ; but next time the men were seea, O'Brien *and Monaghan were| supporting Casaarly between them into the house — all more or less tipsy. Cassarly, stumbling, fell in the door-way between tbe other two, and was afterwards assisted by another lodger upstairs to bis bed. There was no blood, it is said, then visible about Cassarly ; and though he kept — he had sustained no apparent injury, complaining — moaning, as if in severe pain and beyond his tipsinesa, there seemed little or nothing tbe matter with him. Some time after being put to bed, he told the people in the bar he was very ill. The landlord and his wife thee went up to tbe room, and found Cassarly lying moaning on the floor, much as if he had fallen out of the stretcher. Warm milk was offered him. He refused to take it, and, except a few spoonfuls, swallowed none. He was then left, and on being visited half-an-hour afterwards; the bedroom was found spotted all over with blood. Cassarly's clothes, bed clothes, and the walls being spotted with it, and a deep wound about two inches long seen to have been made on his head near the crown. He also complained of several internal pains, and appeared very ill. Dr Hanan was then sent for, and he arriving soon afterwards found Cassarly's bladder to be injured, and at once ordered his removal to the Hospital. This was accordingly done, where Dr Toratb, after examination, pronounced his case hopeless. Dr Cotterill, called in, also was of the same opinion, and the sufferer was then attended by the Rev. Father Higgins, who continued with him till the end^ administering the last rites of the Roman Catholic Church. About nine o'clock, in presence of the gentlemen named and patients in the ward, Cassarly fully understanding that he bad not long to live, made a declaration that Monaghan killed him by kicking him. Two hours later, the Resident Magistrate, Mr M'Culloch, attended, and took down his "last deposi-r tion. Within an hour afterwards he expired. Deceased, who was a strong, healthy, hardy man, waß a colonist of many years' standing. He was comparatively a stranger to this part oC the Colony, but was well known about Tokomairiro, where he was rosident previous to coming here, An inquest will be held to-morrow. To-day, John Monaghan was placed in the dock, charged with the wilful murder of Thomas Cassarly. Inspector Fox asked a. remand till an inquest had been held. IVJr Fox was prepared to prove, by the dying statement of the deceased, that accused killed him by kicking hhn in the region of the stomach. At a present, remand of eight days was requested. Accused van appordingly wmanded^