DEATH OF DENIS McCARTHY.

Hawke's Bay Tribune, Volume VI, Issue 266, 26 October 1916, Page 7

DEATH OF DENIS McCARTHY.

INQUEST CONTINUED YESTERDAY.

AN EXCITABLE WITNESS

The inquest touching the death os Denis McCarthy, wm continued at Napier vesterday afternoon. Before taking further evidence the Coroner. Mr. S. E. McCarthy, remarked to the witness, Francis Murrow. that he wished to impress upon him the fact that they did uot want minor detail?., but the chief points. It was a serious matter amt what thev wanted to find out was wheiher the old man’s death wa« in apv way attributed to witness negligent conduct. . . Francis Murrow. continuing his evidence said that Beagley did not draw his attention t o> deceased s serious condition. McMihan told him to drive the old man home as he was not looking too well. A* itne«s emphatically denitd the statement by McMillan, that he was driving the gig up and down the road within a small radius all the afternoon. Beagley drove up with his waggon and said to witness who was then standing near the side ot the trap. ’ What's happentd to tne on, ..hap?” Witness replied He has not been well and has been taking fainting fits all the afternoon. He asked Beagle v if he knew deceased, whereupon tKe latter spoke to the old man, and received a mumbled replv. Witness could not hear his words, but Beagley then asked what had happened to deceased s head and was told that he had tallen out of the tran. Beagley then looked at deceased's face, remarking that it was not .much, at the same time asking his father-in-law if he knew him. to which the old man replied ‘•Ye<’ and shook hands with him. Beaglev asked deceased to have a drink and the old man agreed, having a glass of beer. Beagley left shortly after, about 4.30 p.m.. after arranging for witness to take deceased home. Witness passed several vehicles on their way home and he was then driving with one hand and supporting the old man with the other. He first discovered that the old man wa.s dead when on the Petane beach road, near No 1 Beacon He did not know what time he reached the police station. ' Witness denied being drunk when he reached the station. The Coroner here remarked : constable Wilton says you w-ere so drunk that you couldn’t help him to take deceased’s body into the morgue, and he had to carry it in Witness: I deny that, I did assist to take the body in. Continuing witness said he was in the Petane Hotel between nine and ten a.m. Coroner: The licensee says you asked for a bottle of whisky for a man named Normond —is that true s Witness: No, it is not true. To the Coroner: Witness said he did get the bottle of whisky at the hotel. He had a glass of beer and then asked for a bottle of whisky, saying that he didn’t have any change then, but would give the monev to Mormond for the licensee later on. The licensee replied ‘All right.” Witness had not mentioned the name of Burrows. The whisky was for his home. . Coroner: You are a prohibited man and knew you should not be m that hotel. Witness: Yes. He continued to state that having heard that Saunders had a big building job on hand, he mentioned it to the licensee who told him he would be only overseer of it. So witness asked if he may be able to get a painting job on it, and Saunders agreed to try and help him. ' . , The Coroner again interjected: These are very particular matters — McMillan, the licensee, Constable -Wilton and Beagley contradict you. We want to know now what happened to the bottle of whisky 1 Witness: I took it home. Coroner: We have evidence to show that when deceased left his home he was well and sober, he was a man used to alcohol and he had only two drinks at the Petane hotel. I suggest therefore that you gave it to him. . TT , , Witness: I flatly deny it. He had no drink whatever from my hands.

Coroner: One witness says you told him you didn’t know deceased- . , Witness: I deny it. Continuing he said he had known him for about twenty years and knew perfectly where he lived. He denied the statement made by Beagley that witness refused <0 answer when questioned as to how the old man got hurt.

To Sergeant Fraser: He remembered perfectly what statement he made to Constable Wilton on arrival at the station. He did not tell him that he had got into the trap near the beacons and deceased died a few minutes after. Witness: That’s another instance where you are contradicted. To Sergeant Fraser: Fie did not tell McMillan that he had got into the gig w’ith deceased because the latter was too drunk to drive. McMillan did not try to make the old man speak. Witness continued to deny statements made by other witnesses. He left the bottle of whisky at the beacons He called at the beacons on his way home to shut the boat shed, but he did not touch the whisky. He was not in the Petane Hotel with deceased between 11.15 a.m., and 11.45 a.m., nor any timA during the day. Deceased fell out of the trap about 4 p.m. At 12.15 p.m., deceased complained of being unwell. Sergt. Fraser: Was it not a fact you were too drunk ! Witness (shouting): A’o. His. Worship here again told him to sit down.

Coroner: Where’s the whisky now 1. Witness: I took it home tho folio wing morning. To Sergeant Fraser: Witness was on day work with the Harbour Board, but did no painting oh that day as the weather was unfavourable. Witness did not look up his time —he was only going to claim for, three hours. To Timothy McCarthy: Witness told Taylor, Harbour Board’s foreman that he would finish on Friday, I the 20th. Witness was at Mormond’s about 9.30 a.m., on that day and asked him if he had any money, re- j ceiving a reply in the negative. He was only there for about ten min-j utes. He did not return to the beacons, until after visiting the hotel.! When at Petane he did not ask the I storekeeper to procure whisky for him. Witness was not coming from Mormond’s place when he met deceased. Questioned as to why he left his cycle at Petane, witness made some' incoherent statement. He firmlydenied opening the bottle of whisky i with a pen knife, (pieces of cork! produced in Court). He continued to deny opening it in the gig ati all 1

Continuing, to Mr. McCarthy, : witness said he had merely made a mistake when he went to the wrong house in Ossian street on the night of McCarthy’s death. He had no intention to run away and leave the trap out on the road. He helped to unharness the horse. T. McCarthy: Isn’t it true that ton were not at the beacons at all that day ? AVitness: No. I was there anti locked all doors up except the doors: I had been painting. To Sergeant Fraser: He met de-| ceased coming from Petane way on 1 that morning. THE VERDICT. 1 After summing up the evidence,! the Coroner returned the following; verdict: “I find that the deceased, Dennis McCarthy the elder, died in a trap on the Petane Beach road, shortly after five o’clock on the afternoon of the 20th of October, 1916. The cause of the death was heart failure. The disturbed condition of deceased’s heart and the congested state of other organs had been caused by lengthened alcoholic indulgence. On the 20th of October ■ instant, deceased was constantly in the company of one Francis Murrow, a prohibited man from about a quarter past twelve noon till he died. During this time no one had charge of deceased hut the said Francis Murrow, who gave the deceased a quantity of whisky to drink. The said Francis Murrow was himself incapably dritnk from about two o’clock on the same afternoon. and he took no steps to place rhe deceased under shelter, although he was palpably in a serious condition. ”