THE LATE CAPTAIN FULLER.

Lyttelton Times, Volume XXVII, Issue 2013, 4 June 1867, Page 6

THE LATE CAPTAIN FULLER.

On May 27, an inquest touching the death of Captain J. Fuller, who died at Woodend on Saturday morning last, was held at Ward's Hotel, Woodend, before Dr Dudley, the district coroner, and a jury, of whom Mr G. F. Day was chosen foreman. The proceedings were commenced at 11 a.m., but owing to the mass of evidence taken did not conclude until half-past three o'clock. The circumstances under which the melancholy event occurred, and the esteem with which the deceased was regarded by a large number of our Northern settlers, caused considerable interest to be taken in the inquiry, which, in addition to the jury, was attended by a large number of persons. Mr G. L. Lee watched the proceedings on behalf of the relatives of deceased.

The jury being sworn, the following evidence was heard

Frederick Bull, surveyor, residing at Saltwater Creek, being sworn, deposed: On Friday evening last I was witli deceased at Cameron's Hotel, Saltwater Creek, where there was a Volunteer supper. He arrived about six, and appeared a little the worse for liquor at the time, fie appeared to be in good health and spirits during sapper, but afterwards, had a dispute with a man named Ford. I did not see the quarrel, nor do I know what time deceased left the hotel. Deceased appeared very excited after the quarrel, and was more in liquor than when he arrived at the hotel. The supper loom had been cleared for dancing previous to the quarrel, during which time I was absent. I returnei in consequence of hearing the disturbance, when I found a crowd in one corner of the room and several persons holding the deceased and a man named Ford, with whom I was told deceased had been quarrelling. I did not see the affair, but 1 heard deceased afterwards say that he had been struck by Ford, whose name he also inquired from Mr Pemberton. Deceased siid he would have satisfaction. This was between nine and ten o'clock. He did not shew me any marks where he had been struck, neither was he bleeding from any part of his head. He did not complain of having been hurt by the blow, but was much excited, and evidently regarded it more as an insult. J saw him for several hours after the disturbance and he appeared all right; in fact, much better than when he first came to the hotel. I do not know at what hour he left, but he danced several times after complaining ef being struck. By the Foreman : I do not think it was anything but the drink which caused the excitement under which the deceased was labouring. I do not know whether an epileptic fit would cause such excitement. James Craig, book-keeper, residing at Saltwater Creek, deposed: I was present at the Volunteer supper, given at Cameron's Hotel, on Friday last. I knew the deceased, who was also present at the supper, very intimately. After supper I was talking with de eased in the large room, when a man named Ford came up with the intention of speaking to me. Deceased remarked thai Ford ought to take his cap off in the presence of ladies, which, however, he refused to do. Ford then left the room, but afterwards returned in a very bounceable way, saying that no one dare knock his cap off. Deceased who, throughout, was iu a perfectly Rood humour, did so, however, in fun, when Ford turned round and struck him. Deceased's nose began to bleed, and I then with assistance, put Ford out of the room. Deceased did not complain of any hurt from the blow, but complaineid of the insult. The blow was given with the hand. 1 did not see deceased in the daneing-room afterwards, but I saw him in the bar several times. I do not consider the blow given by Ford as a severe one, neither do I think it could have hurt deceased so as to result in serious injury. Decked did not fall when struck, He appeared excited, and was slightly affected with drink, but not so much as to render him incapable of taking oare of himself. I do not know how a person would be affected by an epileptic fit. I do not think the excitement exhibited by deceased was caused by anything but drink. I know that he was subject to epileptic fits, but I have never seen him in one. I do not know what time the deceased left the hotel, I do not know whether Ford is a Volunteer or not, but he was not in any uniform. By the Police: Deceased and Ford were strangers to each other, and I think the

altercation was nothing more than a friendly one until the blow was struck. Deceased's nose was not bleeding when 1 saw him in the bar after the occurrence.

John Wiseman, residing at Kaiapoi, being sworn, deposed: I am a member of No. 9 Company of the Canterbury ltifle Volunteers. Deceased was my Captain, I was present at the supper at Saltwater Creek on Friday last, as was also deceased. I was present at the quarrel between deceased and Ford. (Witness then corroborated the evidence of Craig with reference to deceased's knocking Ford's hat olf, and afterwards being struck.) Deceased, Lieutenant Hinge, and myself lmd arranged during the evening to return homo together. I got the horses out shortly alter twelve o'clock, and then told them I was ready to start. I went to the back of the stublo, and when I returned deceased bad gone. Mr Hinge and myself then mounted, and overtook him at the Ashley bridge, which is about a mile distant from the Creek, When we llrst saw deceased Ids horse was walking, but as soon as he observed us he started into a trot, and called out to lis to '• conic on." We followed him, when ho started into a canter, and shortly after a gallop. I followed at ft canter, and called out to him to pull up. I did so because deceased appeared not to have full command of his horse. I overtook him, but was unable to stop the horse, and he then went ahead again. Deceased shortly after called to me to pull up, which 1 did, but he still continued to gallop forwards. 1 walked my horse a little and then trotted; on again, wh#n after going about a quarter of a mile 1 saw a man lying on the road. I got down and struck a light, when I found it was deceased, whose nose was bleeding, and he had a slight scar on his right temple. I noticed las coat was also torn; when I telt bis shoulder and asked if any bones were broken, or if he was hurt, he made a noise, but I could not distinguish what he said. He afterwards however called me by name. He did not appear in a it, his breathing appeared regular, and his face was not in any way distorted. Mr Hinge then came up and also asked deceased' if he was hurt, but did not receive ail intelligible reply. We then raised him from the ground, and supported him about a quarter of a mile, when we obtained a cart, and brought him on to the Woodend Hotel. "When wc raised deceased, he was unable to walk by himself, Deceased never spoko after calling me by name when I first found hira in the road. He did not complain of any pain when put into the dray. I left the dray before it arrived at Woodend, and did not see him again until lie had been put to bed, when he appeared in the same state as when first found in the road.

Henry Hinge, residing at Woodend, being sworn, corroborated the previous evidence up to the conveyance of deceased to the Woodend Hotel. When put to bed i unloosed deceased's tie, and asked if he was hurt. He muttered something which I took to be "all right," He did not appear cold; his breathing was regular, and he looked comfortable. No one proposed to send for a doctor. I have been an hotel-keeper for many years, and, from experience in such matters, 1 did not consider there was any necessity for a doctor. (Witness then corroborated the previous evidence with regard to the bruise on the temple and the bleeding from the nose.) Deceased's nose was not bleeding when put to bed. I never ior a moment thought that deceased had sustained any serious injury in the head or that the wounds were dangerous.

By the Police: I have seen the body of deceased this morning and the marks and blood appear to be about the same as when I left him. When I said deceased was slightly insensible I did not consider it the effects of a blow but of the liquor he had drunk. By Mr Lee: I have known deceased for some time and knew that he was subject to epileptic fits. I have seen him suffering from one, but I never tbosght that the fall from his horse might have brought one on. If Lhad ken the landlord of the hotel it might have beeu my duty to have sent for a doctor under the circumstances, but I do not think I should have done so.

By the Coroner: There were no symptoms of epilepsy about deceased when we put him to bed, but he appeared quite comfortable; Aaron Bramley, miller, residing at Woodend, deposed to assisting Messrs Hinge and Wisemau to put deceased into the cart, and afterwards to bed, when he noticed that his feet were rather cold. Deceased also seemed to be breathing rather heavily for a moment, but afterwards went off into a calm sleep, having previously said "All right," in reply to a question from Mr Hinge, who asked if he was hurt. He also turned his head and opened his eyes whilst speaking. I did not think deceased was seriously injured, but merely suffering from too much liquor. Next morning, about nine o'clock, when passing the hotel, I called and asked how the Captain was. Mr Ward said he had not seen Mm, but at my suggestion he went to look at him. When Mr Ward returned he said deceased appeared much about the same as when he left the previous night and was breathing all right. In about a quarter of an hour after Mr Ward had occasion to go into deceased's room again, but returned immediately saying Captain Fuller had altered, and asked if I would go in and look at him. I did so. He was lying on his left Bide and appeared to be scarcely breathing. His face looked rather black, and as I thought he was dying I suggested that a doctor should be sent for, which was done at once, Mr Ward then called Mr Hinge, and went into the room atrain shortly after, returning saying that he believed deceased was quite dead. By Mr Lee: When we took the deceased out of the dray at the hotel, he appeared a little cold, but was not shivering.

Arthur Ward, landlord of the Woodend Hotel, sworn, said: I was called from bed at half-past three o'clock on Saturday morning by Mr Dingt,who had brought Capt. Fuller in a cart. Some remarks were made about him being incapable, and I therefore thought that he was intoxicated. We put him to bed and took off his boots, his feet appeared cold and we rubbed them when they became much warmer. He muttered something in reply to a question from Mr Hinge, but I did not hear what it was. I did not ask deceased any questions, as I merely thought he was drunk, and would be all right in the morning. We never attempted to give him anything to drink. I did not notice the bruise on deceased's forehead.

By Mr Lee : When deceased was brought to the door by Mr Hinge, some remarks were made about his having had a fall from his horse, but I made no further enquiries. Mr Lee : Are you then in the habit of taking people into your house in an insensible state, and putting tli'ern to bed without making enquiries as to what had caused the insensibility, or without trying to restore consciousness ?

Mr Ward: If I considered them insensible from drink as I did then, I merely put them to bed to sleep it off. Mr Lee: 1 car.not conceive any publican taking a man in in such a state, and knowing he had had an accident without making some enquiries as to its nature, It seems incredible that such should be done,

Examination continued: After putting deceased to bed, I did not go to look at him until Mr Bramley came next morning, because I thought it unnecessary. When I went into the room at Mr Bramley's suggestion,deceased appeared much the same as when I first left him there.

By the Coroner: I can swear that lie was breathing when I went into the room the first time. I did not stay in the room more than a minute. I did not speak to him, as I did not think it necessary to disturb him. Within lialf-an-hour after, I had occasion to pass through the room again, when I found him much altered, his face and neck appearing a blue black colour, He was not moving, neither did I notice him breathing, When Mr Bromley came into the room, deceased appeared to have altered again, his face not being quite so black. I sent for Mr Hinge and a doctor, but when the former arrived deceased was quite dead. By the Police: When I first went into the room on Saturday morning, deceased had his hands on his head. When we put him to bed at first, I noticed him lift his hands to his head several limes, I did not infer from this that lie was in pain, I was not present when the conversation about sending for a doctor took place. 11. Hinge recalled and cross-exaiukied by

Mr Lee, I could not remember the words I made use of to Mr Ward, when telling him about the accident, but I am perfectly certain that I did tell him of it, I do not remembor that Sir Ward was present when tlio conversation took placo between myself and Wiseman as to the propriety of sending for a doctor.

A. Bramley, recalled: I was present at the conversation respecting the doctor, but Mr Ward had left the bar and I do not think he heard it.

John Wiseman, re-examined said: A conversation respecting sending for a doctor took place at the bedroom door, and Mr Ward was present. I considered that ho wus fully awaro of au accident having occurred to deceased,

Charles John Welch, sworn, said: On Saturday last, I was sent for between 11 and 12 a.m., and arrived at the Woodend Hotel about an hour after. I was shewn the deceased, who was quite dead, lie had been dead at least two hours, llis extremities were cold, but the body and heart were warm. I have examined the body to-day, and there is a wound on the forehead, but no other marks of violence on any other part of the body. The mark on the forehead is a slight abrasion. As a medical man,l do not think the abrasion over the right eye could be the direct cause of death, but indirectly, it might; as to a person subject to epilepsy it might produce a fit stronger than usual, and thereby cause death, 1 cannot swear that deceased died from an epilf'ptic fit, but I should think he did from the appearance of the body, and from the bloody froth coming from the mouth when I first saw the body. This is usually the ease in epilepsy. The hands, especially the right one, were contracted, the body was pale and the neck slightly livid. I cannot swear what was the actual cause of death., but as far as 1 can judge without making a post mortem examination, I believe that it was the result of epilepsy, probably caused by the knock on the forehead. I do not think the blow decided received at the hotel had any influence in causing the fit, as from the evidence, he appeared to be quite right afterwards. J3y Mr Lee: Ido not think that there is any probability of death having resulted from concussion of the brain, as there were no signs of it. There might have been a slight concussion of the brain at the timo he was brought to the hotel, but it had passed away previous to death. I believe death resulted from epilepsy, and not from intoxication.

By the Police: In my opinion the blow on the nose at the hotel could not directly cause an epileptic fit. I have seen several persons who have died from epilepsy, and as a general rule the body does discolour and the limbs contract.

By Mr Lee: Had I been sent for immediately after the accident I might have assisted in removing the fit. The fact of a person being left as deceased was would have a tendency to aggravate the fit. Had a nkdical man heen present, deceased might •have been saved.

Mr Lee, by leave of the coroner, then addressed the jury. He said that it would perhaps be desirable to inform them that, to his certain knowledge, deceased had suffered from epileptic fits for many years, and that on one occasion one had been brought on by a similar fall from a horse to the one he had had on Friday night. He wished the jury to understand this, as rumours had been afloat that deceased had died from the result of intoxication, which was very painful to the family. For his part, he had not the slightest doubt but deceased had died from an attack of epilepsy, which was also the opinion of Mrs Fuller, who had seen the body. The Coroner then summed up, passing in review each item in the evidence, and dwelling upon the fact that deceased had for many years suffered from epilepsy, an attack of which the medical evidence clearly proved could be caused by a fall from a horse. If, however, the jury were not satisfied that death had resulted from this cause, then the only course to adopt would be to hold a post mortem examination upon the body. He would recommend them to retire to consider their verdict.

The jury then retired for a short time, after which the foreman said they did not think a postmortem examination of the body necessary, as they were fully satisfied that deceased had died by the visitation of God. The Coroner afterwards reprimanded Mr Ward for his conduct in not paying greater attention to deceased, and in not visiting him before ten o'clock. If even he had been certain that deceased was only under the influence of drink, still it iras his duty to have visited him before that time of the day. The proceedings "then terminated,"after having lasted over four hours. The remains of Captain Fuller were interred with military honours at the Rangiora Cemetery on the 30th ult. The rank which deceased • held in the volunteers, his long connection with the service, and the many public capacities in which he wis •known and justly respected invested the ceremony with more than ordinary interest, and caused it, notwithstanding the extreme inclemency of the weather, to be attended by a large number of persons from all parts of the province. The town also shewed its respect for the memory of the deceased by hoisting flags half-mast high, and by the closing of all business premises during the progress of the funeral cortege through the streets. The whole of the northern companies of the volunteer force were strongly represented, and several officers from Christchurch also took part in the proceedings. The Kaiapoi and Rangiora lodges of the Masonic Order, in both of which the deceased had held the office of Master, attended, wearing the regalia, and the members of Mr Merton's singing classes, in which deceased had always taken the most lively interest, also accompanied the cortege; thus, by the diversity of public bodies and their numerical strength, rendering the ceremony more than usually solemn and impressive. Shortly after one o'clock the funeral procession left the residence of deceased, and proceeded to the church in military slow time. A firing party of 100 men, composed of drafts from the Kaiapoi, Rangiora, Woodend, Saltwater Creek, and Leithfield Volunteers, with arms reversed, and under command of Captain J. Beswick, headed the procession, followed by the fife-and-drum band of No. 5 Company, and Mr Merton's brass band, each of which alternately played the "Dead Mlarch iii Saul" and other appropriate music. The coffin, supported by relays of men from the deceased's own (No. 9) company of volunteers came next, the pali being borne by Captain Poole and Lieutenants Lean, Hinge, and Pemberton. On the coffin were the sword, accoutrements, and cap of deceased, whilst immediately following it were his relatives and personal friends, and several volunteer officers in uniform The members of the Masonic Order came next, after which followed a long train of civilians who then brought up the rear. Having arrived at the church the firing party opened their ranks, and resting on their arms, permitted the remainder of the procession to pass through into the sacred edifice, where having been met and preceded by the Rev, Canon Dudley, and the Rev J. W. Stack, the first portion of the burial service was read. At the termination of the psalm and lesson, appointed by the ritual, the procession reformed, and in its original order, proceeded to the burial ground which is situated about a mile frtfm the church. Arrived at the gate the firing party once more opened out, permitted the cortege to pass, and then themselves marched on to the ground and formed around the grave. The remaining portion of tho burial service was then read, after which three volleys were fired over the grave, thus affording a fit termination' to the sojourn on earth of one who has ever taken the greatest interest in the volunteor movement, and who in both a public and private capacity possessed the esteem of all who knew him. Only 100 volunteers were invited to attend, but as will be seen by the following list, that number was greatly exceeded:—No 3 Company (Leithfield) 2 officers, 27 rank and file; No 4 Company (Rangiora) 2 officers, 34 rank and file; No 5 Company (Rangiora) 2 officers, 25 rank and file, and 14 in band; No 9 Company (Kangiora) 2 officers, 27 rank and file. A large number of spectators followed the proces-ion notwithstanding tho rain, and o tnaiued throughout the proceedings,