CORONER'S INQUEST.

Nelson Evening Mail, Volume I, Issue 211, 7 November 1866, Page 2

CORONER'S INQUEST.

Yesterday the coroner, W. W. Squires, Esq., held an inquest at the Custom House Hotel, on the body of Daniel Lane, late cook of the ship Countess of Kintore, Avho liad been missing from the ship for several days. The following jury Avas SAvorn: — Messrs. W. Wright (foreman),R. Rowlands. Jonathan Levick, J. Freeman, W. Davis, ]{. B. Fringle, J. Rope, 11. ITargreaves, 11. Jasper, G. Bullcn, Martin Corleas, E. T. Jones, W. CooKsey. The jury having viewed the body, -which avus lying at the lock-up, the witnesses were examined as follows: — George Belden: lam fireman on board the Tinoneo. I saw the body afloat to-day, about 1 o'clock, alongside the Albion Wharf. I yot a rope, made it fast to the body, and inquired for die policeman, avlio came and assisted me to take it away in a truck. I saAv itplaced in the lock-up. Dr. Sealy: I have seen the body in the lock-up. I presume the man met his death by drowning. The Avhole of the face is eaten aAvay by fidies, the skeleton alone remaining. I saw no marks of violence about it. He must have been in the Avatcr several days, perhaps a Aveek. John Wilson : I am steAvard of the Countess of Kintore. I cannot recognise the body in the lockup, but from the clothes. I believe it to be that of Daniel Lane, the cook of the shij) in Avhich I am. I saAv him last alive, last Monday week, about quarter to 9 p.m. He Avas on the Albion Wharf, and had just come off the Wanganui. He had a glass or tAvo, but did not appear intoxicated. The night was very dark, and there Avas no lamp oh the loAver Avharf, except that of the Wanganui. There was a good light on the Government Wharf. I have no reason to suppose he had any intention to commit suicide. The Avharf Avas full of coals. I consider his death accidental. There was a lot of bags this end of the Avharf We had to Avalk over the coals Avhich occupied each side of the Avharf. I saw him go over the coals ; he needed no assistance, having had only a glass or tivo. lie came out of the' steamer Avith me and I left him on the wharf. We had to Avalk over a plank placed on the coals. We could not see the light of the Wanganui, as she Avas so low doAvn. Constable Henry Martens : About half-past one to-day I saw ihe body, to which the fireman directed my attention. It av&s alongside the Albion Avharf, fastened by a rope. I assisted the fireman to haw I tho bod) up on the Avharf*. We got some of the crew to help us to take it to the lock-up. The book, gimlet, and pipe now produced, dropped out of a pocket of deceased. James Rtincie • I am carpenter on board the Countess Kintore. I kninv the body in the lock-up to be that ot Daniel Lane, by the clothes, book, and gimlet. I iast saw him alivs about half-past 8 last Monday Aveek. I came out of the Pier Hotel with him. lie had a glass of gin there. I left him, he going to the Wanganui and Ito the toAvn. He had no money about him ; he Avas sober when he left me. He Avas in his usual good spirits. It Avas a very dark night, and there was no light on the Albion Wharf. We could not walk down the Avharf Avithout crossing the coals on a plank. We crossed them at 6 o'clock to go to the Wanganui and return. There Avas no room to Avalk on the Avharf on either side of the coals. Avhich I consider very dangerous. The Coroner said sufficient evidence had been taken to show that deceased met his death by'droAvning, but there was none to prove that he fell into the Avater from the Albion Wharf. Had there been any evidence that he met his death from the circumstance of the wharf being blocked up and badly lighted, he believed it would be his duty to call on tlie jury to find a verdict of manslaughter against the lessee of the Avlnirf. It was clearly laid down that any person engaged in his laAvr'ul occupation, avlio. by neglect of proper precautions, caused the death of a fellow creature, Avas liable to be. indicted oil a charge of manslaughter. It had been established in evidence that this wharf Avas so obstructed on the night in question that it Avas very difficult to effect a passage, and the darkness in which it Avas left increi»d the difficulty. The careless manner in which all these Avharves Avere lighted deserved the severest reprehension. As there Avas no evidence, however, that the man had fallen from the Albion Wharf, the jury

had better return a verdict of found drowned; at the same time it vn\s competent for them to express an opinion respecting the imperfect manner in Avhich the different Avliarves were lighted. A Avarm discussion arose among the jury as to the extent to which the lessee of the Avharf Avas to blame Some denied that the Avharf Avas so obstructed as to prevent persons passing, and others affirmed that on tlie night referred to a sober man Avas in danger of his life in attempting to pass. It was stated that the lights on the Government wharf were very good till midnight, after which time they burned hut faintly. Mr Levick, Avho Avas on tlie jury, said that lie had complained of the crowded state of the wharf, which was caused by the masters of vessels in their hurry tp get rid o'f their cargo, but he denied that a thoroughfare Avas not kept, aud said lie considered the wharf Avas private property, to he used as the owner thought proper, and did not consider the OAvner or lessee responsible for any accidents that might occur. . The Coroner directed the attention of Mr Levick to the laAv of the case, Avhich did not alloAv the lessee of the Avharf to make it publio on one occasion and private on another to suit his purpose, Avithout giving the public notice. Mr Levick shoAved considerable reluctance in agreeing in the verdict Avliich his fellow-jurymen wished to gi vfr. but at length gave Avay on being assured that the object of tlie verdict Avas to establish the principle that the Avliarves ought to be better lighted than tliey are at present, and not to censure him. The jury found that on the day and year, and in the district aforesaid, the said Daniel Lane was found drowned in the harbor, near the Albion Wharf; and called the attention of the authorities to tlie desirability of lighting the Avliarves of the city of Nelson in a more efficient manner than Avas the case at present.