Fatal Fight at Kawarau Flat.

Cromwell Argus, Volume 1, Issue 51, 2 November 1870, Page 6

Fatal Fight at Kawarau Flat.

[Condensed from the Wakatip dfaif.] An inquisition took place on the 22nd ult., at the Hospital, Prank con, before it. Beetham, Karp, coroner, and a jury of twelve, touching tlie death of John Milward, a miner, who died on the Thursday previous. As there were suspicions that Milward’s death was the result of wounds received in a quarrel with a miner named John Burke, the latter was present in custody. Sergeant Fox watched the proceedings for the Crown. The following evidence was taken :

John Macintosh, a miner working at Doolan's Creek, deposed (in a very foggy mannei) to seeing decease I for the first time on aturday evening, at Elliot’s store, Kawarau Fiat. Burke was with him. There were several other men in the store. He saw deceased drinking with Burke. That night there was a dispute between them about some gold sold. Deceased accused Burke of having cheated him out of gold previously sold out of their claim. Both were drunk aud rowdy. Witness was sober. No blows were then struck. Deceased and Burke were sleeping in soma straw in Elliot’s store, when witness went to bed. about midnight. The dispute commence I again about eleven o’clock next mornirg (Sunday). Burke said he took deceased in as his mate. Deceased replie I if he had not taken him in he would have jumped the ground. Burke sail something about hitting him on the nose. They then went ontsi le. Deceased told Burke to come outside They f night about five or ten minutes. It was a stand-up fight. They fought three or four rounds. Witness was present at the commencement, but did not know who struck the first blow, or who was struck down first. Witness took no part in the fight. There were no backers. Burke was more drunk than Milward. Burke was getting the worst of the fight. Never hoard either of the men say anything while fighting. Burke gave in first—he was beaten. Milward went into the store, and ten minutes after fighting fell had. He went to bed. He said, “ Take ms to the Hospital, or send for the doctor; I am hurt.’’ Saw Milward fall upon Burke the last round. Burk« was on his back wrh his knee up, and Milwarl fell upon him. Did nut hear Mdw.ar.l cry out immediately after falling upon Burke. Burke went to deceased and said he was sorry he was hurt. Burke was crying at the time. Bv Burke.—There was no foul plav. I don’t think you eve - struck deceased, but deceased struck you. The last roun I resulted in you being tin lerm ist. 1 did not notice whether you had hold of deceased or deceased had hold of you in the last round. Deceased did not blame you for injuring him. William Parrel, farmer, Shotnver, deposed— I saw the first meeting in the fight. Could not say who struck the first blow ; but it was a fair stand-up fight. They closed every round before one of them went down. There were no knock down blows. Burke was generally undermost. Deceased was beating Burke. >o one interfered to save Burke. The fight lasted about ten minutes. In the last round deceased threw Burke on his hack, and fell on him. When Milward got up he walked past me quickly, and putting his hands on the lower part of his belly, slid, “I am mined." I followed five minutes afterwards. I got a basin for Milward, and he passed black blood, Burke di I not follow up, but crie I when he heard what had happened, and said he was very sorry for it. W. E. Young, miner, Doolan’s Creek, deposed : I was mate with deceased for fourteen days up to Saturday last. There was no dispute until I came over to Elliot’s on Sunday morning, about ten minutes before the fight. I first saw deceased, who said, after a little conversation, “ That b r (alluding to Burke) has lost your money.” 1 said, “Nevermind; it will be all right bv-and-bye.” Burke then came in, and said there would be no dividen 1 for us that week, as he had lost the money, lie said he had given it to the landlord. There was something said by Burke about Milwar I’s share in the claim; when the Latter said, “ Yes, you b——r, if you had not given the share, we would have punched your by nose.” Burke got up excited, and pulled off his clothes. Milward followed him out of the house. I remaine I behind, but could hear blows struck. Went out then, or five minutes after, and staye I a short time. Then returned, and in a few minutes both came in. Ten minutes afrer I wont ho ne, an 1 returned to Gibbs’, when somo men brought Milward in. Elliot was in bed all the time of the fight. By the Jury : Saw Mr Elliot serve three .glasses of ale. Constable M. Hunt deposed to arresting prisoner Burke on Thursday afternoon, the 2i)th hist., on the charge of murder. Burke said they had some drinks at Elliot’s, hut could not say how manv. He sta ed he was drunk, and did not recollect how Milward got hurt. He (the prisoner) had some hrandv, and paid for it. Witness (Hunt) met Milward on Monday morning going to the. Hospital, an 1 had some conversation with him. Aske 1 if it was any one’s fault. Milward said “No,” an I after a little while sai 1 himself and Burke were wrestling, an 1 whilst doing so Burke’s knee came between his logs.

Dr -las. Douglas depose I to decease! being brought to tin! Hospital. On examination, found jim external mirks of violence. He infor.nol me tint be In I been wrestling, ami the knee of his opponent ha I struck bin at the bottom of bis belly. He ilie 1 on Thursday. I made a p.wi mn'tem examination of t.he body, and found that death had resulted from the effects of a rnotnre of the bladder—about l.j inches in extent, and Ij inches below the top of fundus. Sergeant W. Kox related a conversation he bad with decease,l in the Hospital. Milward ha I toll him that Burke’s knee got in between his lets while falling, and that no one was to blame.

This conclude 1 the evidence. The Coroner then instructed the jar/ on .juestiona of law, and 111 I down very luei llv the ilelicaie distinction in law nerweim murder and manslaughter in their various degress.

The jure, after retiring for .about half-an-honr. rot irtio '. a vor bet of munsiaughior against ..(onu jlurko. xrl lor was udde !. wherein the jury wished to e?ureas the opinion that they did not thml: tne blow given by Burke was with uiieiit to kill. Burke was then committed for trial at the -Supreme Court sittings, Dune lin.