THE SHOOTING CASE.

Lyttelton Times, Volume XCIII, Issue 10597, 5 March 1895, Page 3

THE SHOOTING CASE.

THE ADJOURNED INQUEST. The adjourned inquest on the body of Daniel Kelly, who met hia death by a gunshot wound on the Port Hille on Fab. 20, took place at the hospital yesterday, before Mr E. Bcetham, coroner, and a jury of whom Mr Julian Marriner was foreman. The Coroner said that it appeared that the deceased had been licensed out from Burnham Industrial School, and after having stolen some guns and ammunition, took to tho hills, where ho had been. shot. He thou pointed out tho law relating to the case. Mr M. Haider appeared on behalf of Alfred Often, and Inspector Broham for the police. Dr J. H. Murray-Aynaley, house surgeon at tho hospital, gave evidence as to Kelly’s admission into tho institution. He wan in a very coilansed state, and had a wound in the left side of the neck. The jawbone was smashed, and tho wound communicated with the throat. He was also suffering from some brain injury. He never quite regained consciousness, and died the next evening from the effects of the injury. A post-mortem examination showed that the charge o£ shot had passed through the jaw-bone, splintering it, the greater portion of tho charge, as well as some splinters of the jaw-bone, lodging in the opposite side of the neck. On opening the skull a small cyst was found pressing on the brain, while at the base there wore signs of inflammation, and a small rracture of the bono as well. Tho cause of death waa tho shock to the nervous eystem aud the injury to the brain. John Often was brought iu the same afternoon as deceased. Hia face was filled with grams of powder, hia right eyelid was scorched, and there were grains of powder in both eyes. There was a graze on the top of the head a little to tho light side, about one and a half iacheo in length. The gun which inflicted these injuries must have been discharged quite close to him. The injury to tho head might have been caused by a bullet. To Mr Nalder: Otten’s injuries might have caused semi-blindness and great mental shock at tho time. The cyst in deceaaed’e head might have caused peculiarities in his character. Thomas Palethorpe, master of tho Burnham Industrial School, deposed that the deceased had been admitted into the industrial school on May 10, 1894. He was licensed out to Mr Ward in January lost. During the time Ije was in Burnham deceased was well conducted and apparently very good-natured.

William Ward, farmer, residing at Broadfields, near Templeton, deposed that deceased had been licensed out to him, aud had remained in his employ up to Feb. 16. On that day tho family were away from home, and on returning iu the evening deceased waa misoing, and every room in the house had been broken into. A number of articles were missing, amongst them a doublebarrelled gun (produced), a pair of blankets and other things. He had not seen deceased since. "While in witness’s employ deceased had conducted himself well. Marshall Nalder deposed that on Feb. 16 ho rented a cottage on the Port Hills, at tho top cf the quarry, from Mr Marlay. John Often was working on the place and cooking for him. On B'ob. 18, about 2.30 p.m., 'Otfcen and witness returned to the cottage and found deceased standing outside. He asked for some food, which, was given him, and he was accommodated with a “shake-down.” Deceased left the house on Tuesday morning. On the following morning it was found that tho stable window had been (smashed, and there were marks of bare feet on the harnoaa-room floor, and also marks of blood, as though the intruder had cut himself. Tho place waa searched, ’but no one could bo seen. On Thursday witness left the house for about twenty minutes, and on his return missed his watch and chain and six cartridges. He sent Ofctan for the police. When Ottan had gone witness heard a gun fired, and nearehed all around, but could find nobbing. The search was continued on Friday, and witness left the place on Saturday morning, as he had to return to business, leaving soma of his things to be forwarded. The watch produced waa tho one he had lost, and tho tin of biscuits, tho billy, two costs and the pair of gray blankets were all his. All these things, except the watch, he had left in Otton’s charge. W. H. Marley gave evidence aa to owning the property from which the things had been, stolen. The gau and carbiuo (produced) had been taken from his place, as well aa a shot poach and powder flask, a lot of ammunition, and a pair of red blankets, and other things. They had afterwards been found in deceased’s camp, which waa about five chains from witness’s house.

Fjlo Evendon, farmer, deposed that his place on tho Port Hills had been broken into during hia absence on Feb. 22, and that a rifle end a lot of ammunition, as Well as some food, bad, been taken. The bullets produced wore taken from his house. John William Ofctan deposed that ha was in the employ of Mr Marley, and resided at hia cottage on the Port Hills. On Monday, Feb. 25, ha returned from town in the morning, and found that during his absence the cottage had been broken into and that some things had gone. Ha suspected that the deceased had been there, and be took up a gun and went in search of him. After looking through tha bush for some time he gave up the search, and was returning for the purpose of catching a horse to come to town, Ashe was going through the hay paddock, hia cog put up a rabbit, which made for tho flax. Witness followed with the intention of shooting at it. Just aa ho entered the flax he caught sight of some blankets, and aa he turned to look round, deceased, who was kneeling on the blankets, fired at him. The shot caused him to stagger, aud ss he felt himself hit he gripped his own gun, which went off. Witness was blinded and dazed by tho shot, aud did not know whether deceased was hit or not. Witness at once got on to the road, aud made bis way to Cashmere. Wicnm’s gun wag loaded with No. 2 shot in both barrels, but only ono went off, as the other one was not cocked. Did not see what weapon deceased used. Had hia hat on when deceased shot at him, but had not seen it since.

To Mr Nalder: Ha saw the Maori point the gan at him. ’ Sergeant Wilson deposed that be was one oil a party who went to Marloy’a house on Fob. 25. *>The deceased waa found in a clump of flax, in a sitting position. Deceased had a carbine and a double-barrelled gun, and had two ramrods underneath him. Ho found that the deceased had been shot in the neck, sod about fifteen feet avmy there was a lot of blood and a carbine. The carbine showed signs of having been recently discharged. He bandaged ckiceassd up, but he tore tho bandegea off. The watch and chain produced and soma of the bullets wero in deceased’s pocket, and the other things wero lying about the camp.

The Coroner, in addressing tho jury, raid it waa quite clear that the deceased Lad entered several houses. There was no statement by tbs deceased, and the whole question turned on tho evidence of the injured man Often, and he saw no reason to disbelieve it.

The jury, after a few minutes’ retirement, returned a verdict “That the deceased died from a shot accidentally, casually and by misfortune fired from a gun by John William Otten.”