Inquest.

Bruce Herald, Volume XXX, Issue 3103, 29 September 1899, Page 8

Inquest.

. . — r- ■• ' .. j An inquiryyintp "the;, circumstances at-; tending the death of James Fahey was held/ at deceased's residence, Clarendon, on Tues- j day, before Mr F. Wayne and a jury of five; consisting of Messrs J. ,T. Brown, Eliaaj Olegg, Wm. Hare, Jacob Fryer, and Chas. < Matthew; -.(foreman).' s •/G v onatable jMacßae i conducted the investigation. j Fahey, 'laborer, brother ofj deceased, deposed ;,- 1, 'identify the body i as that of James. Fahey. I last saw , him alive between 9' and 10 o'clock on ■' Saturday. ; night, : 23rd;, inst.-; :He ■■ was then \ suffering from a heavy.;, cold... I next saw him dead on Sunday morning at his house. Clarendon. . , : : , Samuel Fryer, , laborer, Clarendon, depoied: I knew the deceased. I last saw him on Saturday night about 12 o'clock. Previouß* to that I had met him nearly opposite the White Horse hotel, Milton, at about 11 o'clock. I drove down in a springcart with him from Milton to Mr James Duncan's residence,. Clarendon. There were *n the spring- cart James Duncan, a boy named CJegg and a boy named George Hare . also deceased and myself. I drove. William Wilson ■ was riding deceased's horse. Another boy, Clegg. was riding ahorse. I taw Alfred Forsyth in Milton at the time I first saw deceased. He did not leave Milton with us, but caught up to us at Cao die town and parted from, us there to go to his own place at Table Hill. I could not say deceased was sober when he left Milten ; he had had drink, but seemed capable of looking after himself. He preferred to ride in the trap from Milton, but I think he was capable of riding a horse. The trap belonged to Mr Wilson, of Clarendon. There was a bottle of either beer or stout drunk at Caudletown ; I think deceased had a taste of it. That was all the drink I saw taken on the road. I left deceased at Duncan's. I went to Duncan's door, but did not stay. We all came out of the spring-cart when Duncan's was reached. William Wilson and deceased went into Duncan's, as also did Duncan himself. I don't think the boys went into the house. It would be a little before midnight when we goc to Duncan's. I only stayed about a minute or so at the door, before I went away to my own home. There was no drink taken by anyone in my presence at Duncan's. There was no quarrelling when coming from Milton, or at Duncan's while I was there. Mr J. T. Brown : Could you say deceased was drunk while he was in your company ? Witness : No, he Wen nob drunk while he was in my company. He had had drink, but was not what you might call drunk. When I parted with him at Duncan's house I think he was quite capable of lookiog after himself. About 9 o'clock onSundy morning I saw him dead lying on the road about a quarter of a mile on the Clarendon side of Mr Duncan's house. He was lying on hia belly on the metal, hia right cheek resting on the road. I do not think the body had been touched before I saw it. There was a mark on the right side of his cheek ; I did not see any other marks. I did not see any signs of hi 3 having a bottle or flask of dunk with him. James Duncan, railway surfaceman residing at Clarendon, deposed : I knew the deceased James Fahey. When I was leaving Milton, about 11 o'clock on Saturday n'ght last, I saw deceased. 1 rode the deceas c d' s pony from Milton to Caudl-jtown and deceased was in the spring-car:. When we reached Caudletown, William Wilson rode deceased's horse until we got to uiy house, at about 12 o'clock. Decease! was sober when he left Milton ; I could not say ho was the worse of drink. Taere was a bottle of stout drunk oa the road, but I did not have any, and I did not see deceased hav c any of it. Deseased and Mr Wilson came into my house aud Mr S Fryer came as far as the door. They did not stay more th m ten minutes. They tasted nothing at my place. Deceased had no drink of an}' kind at my house. Mr Wilson went out of th? house with him ; I did not go io the door, but bade him " Good Nignt." Deceased was sober when he left my house. I saw nothing more of him until next day, when I s.w him dead on the road. Tney body was lying, I think, face downwards— it might have been a little to one side. I did not know deceased's horse well ; deceased had only lately got the horse. I did uot hear of deceased haviDg quarrelled with anyone that Saturday evening ; I am sure ho had no quarrel with anybody in my presence. At Milton deceased got, into the trap saying he would as soon do so as ride the horse. Deceased did not ask me to ride his horse. William Wilson, laborer, Clarendon, deposed: I knew deceased. On Saturday night just as 1 ai,d others were leaving Milton I saw him. He rode down in my spring-cart as far as Duncan's. I drove the horse attached to the spring-cart as far as Caudietown ; there I got. out and went on the horse which Mr Duncan had been riding. Wuen deeea-ted ieft Milton he wa.s sober. A bottle of stout was opened at Caudletown, and deceased had a drink out of it. My brother, Sam Fryer, Alf. ForForayth, deceased aad I had a drink of the stout; that was at Caudletoivu. On reaching Duncan's deceased aad I went into the house. My brother and S. Fryer also came inside the door. Fry or and my brother did not scay long ; they want away together. The deceased stayed ia Duncan's for about; 20 minuter. I did not leave Duucan's at the same time as deceased. I stayed in the house until morning. Tho two boys Clegg Itft Duncan's at tha same time as deceased. lam sure that deceased had no drink while he was at Duncan's. The boys did not cjme inside the hou^e — not that lam aware of.- When deceased left Duncan's bouse he was quite sobor aud had no trouble ia mounting his horsy. While 1 was riding deceased's horde from Caudletown to Duncan'* he did not stumble ' Or shy with me. When next morning I ( •aw the body it was lying with the right cheek downwards. I have heaid that the saddle securely girthed was on the ; i hpr»e wben $he ftojmai was Bubsequen.tly j ;

found. - The girth of the, saddle had got: loose before deceased left Duncan's ; but it was put right ■... As. to the.pther boy, George Hare, who was in the ; spring-cart, I could not say whether he left Duncan's- house, with deceased. ; v . „ . „v. ! Joseph Olegg deposed : I am; 14 yeara .of ■ age, and reside with my father at Claren-J don. I left Milton a little after 11 o'clock; oa Saturday- night last. I rode our horse; all the way. My brother; James Fahey, i S. Fryer and others left Milton in a springoart at the same time. When we got to Mr; Duncan's house Mr Fah'ey went into j the, house, and after I tied my pony up to the j fence I also ; went in to 'the ' house. Mr: Fahey was standing up in the house. Mr; Duncan himself, waa there, also George. Hare and William Wilson. I think Samuel; Fryer came and stood at the door and then walked away. John Wilson was' there, and remained when I left. I stayed about a quarter of an hour at Duncan's ; I was nob inside the house all that time. Mr Duncan told us to go outside v for a little time. My brother and . I went outside. I do not know whether they had any drink in the house, but wheu my brother and I came back in a minute or two there was a bottle on the table. We were not very long outside When we came back Mr Fahey and Mr Duncan were sitting down and each had a glass in his hand. Mr Fahey went out before us. Mr J. Wilson fixed up the girth of the saddle for Mr Fahey, before Mr Fahey went out. When my brother ana I went out of the house, I saw Mr Fahey standiug near his horse ;he was sick. He afterwards led his horse to the side of the road, jumped on it,^and went along the road. I and brother got on our horse. He was a little before us going up the bill. We passed him on the road when opposite Mr Fraser's. He was then walking his hor3e. We trotted to catch up to him, and when we reached him we walked ahead. We kept about 18 yards ahead of him. My brother was watching behind to see whether be was allright. Deceased stopped his horse and jumped off. It was about where his body was found that he jumped off. We did not think he was hurt, as he came on his feet. lam sure there was no quarrelling when coming down the road from Milton or at Duncan's house. Deceased seemed bo be able to ride his horse well. After he jumped off his hirse I saw him standing on the road by the horse. If he had been thrown his horae would have come after ours, but the animal stood. Deceased did not say anything when he jumped off. We rode on and did not see him geb on his horse again. William Clegg, 12 years of age, deposed : I was in Mr Duncan's house on Saturday night last. They told me and my brother to go out. We were outside for a couple of minutss an.i when we went inside again I thougho they were having whisky. Mr Duncan and Mr Fahey each had a, glass in his hand. I saw Mr Fahey leaving Duncan's. My brother and I were riding the same horse. He was in front of us trotting slowly. Just aa we passed him he steadied the horsa into a walk, pulled his foot ont o the stirrup iron and jumped off. He landed on his teet. The horse was at a slow walk when he jumped off. We went on and I did not see him again. James Duncan, junr., deposed: I was riding along the road going north, at about a quarter to nine oclock, on Sunday moroiDg, when I saw a man lying on the left hand side of the road. On approaching closer I saw it was Mr Fahey. The spot was oppoaita Mr R. Hare'd dwelling place ; I could tell by the appearances fthsit Mr Fahey was dead, He was lying on his right side ; his right hand was stretched alongside his hip ani his right cheek was resting on the road. I rode up to Milton to give information to the constable. Before doing so, I sunjj out to R. Hare to let him kn jw. When I first saw the body I got off my horse. I did not see Mr Fahey at my father's house on Saturday night ; I was in bed. Constable Macftae said that he could give evidence of having seen the deceased on Saturday night at Milton just before be left for Clarendon. The coroner did not think there was any necessity for this, as there was plenty of evidence on that point. The only point oa which he might be able to give any information was aa to whether deceased was sober when he left Milton. The constable said he could say that when deceased left Milton he appeared to be sober. Dr. Menzies deposed : Yesterday I examined the body shown to the jury. The bulk of the body was free from abrasions or marks of any kind. There was an abrasion over the right eye-brow, one on the right temple, and one on the top of the head towards the back. None of the marks shown on the top of the skull would account for death. From the fact of blood comiog from the nose and other apertures I have no doubt that the cause of death was the fracture of the bnse of the skull. I would think he lit on the top of his head and immediately rolled over which would account for some of the other abrasions. The neck was not broken. These other abrasion 3 had the appearance of being caused by gravel, metal, or some rough substance. The abrasion on the top of the head might be caused in many ways by a severe blow ; there was no fracture there. It was a very common way of causing a fracture of the base of the skull— a blow on top of the skull. A fall from a horse and alighting on top of the head would be quite sufficient to cause a fracture of the base of the skull. I could not say whether death was instantaneous ; he might have lived for come little time, but he would be unconscious. The jury returned a verdict of "accidental death caused by a fall from a horse.'