DREADFUL MURDER AT NELSON.

New Zealand Herald, Volume I, Issue 136, 20 April 1864, Page 4

DREADFUL MURDER AT NELSON.

COLONEL'S IXQDEST.

An inquest was held yesterday morning, at the Hospital, before Ihomas Council, Esq., touching the death ot iliiaui Birkett, late u fireman on board the steamer ' Auckland.'

The following were the jury sworn :—Thomas Usher, George Kichardson, Joseph Webb, Charles King, Joseph Paul, John Thornton, Edward Mtirrcll, Thomas Snow, Thomas Watts, Charles Carter, Thomas Milner, X. T. Boekliart, and J. P. Black, the hitter of whom was chosen foreman.

The Coroner addressed the jury saving that lie could not state as facts what be had merely heard about the case ; but, from ull he could understand, there was nothing which would lead to the conclusion that the case before thrm was cither one of accidental death or justiciable homicide. It must be either murder or manslaughter. He then gave the usual definition of the two terms, murder, and manslaughter, and reminded the jury that the mere fact of a quarrel having taken place need not necessarily lead to a verdict of manslaughter. The Coioncr and jury having inspected the body of the deecascd, William Birkett, proceeded to take evidence of the witnesses, the prisoner being present.

ilenrv Pciirce, being sworn, said: I am a seaman on board the screw steamer 'Auckland.' 1 knew the deceased William Birkett. it is his dead body that tlie Coroner ami juiy have just viewed. 1 do hoi know his age. 1 last saw him alive and well about half-past sc\en. p. in., yesterday. Deceased and I met on the 1 liivcu-ivad near the lime-kiln, and he

asked uic to lake a walk with him. We walked about yards towards town, and then turned back to go on board. The ship was lying at the wharf.

Deceased »as a fireman onboard the 'Auckland.' As we were coming back we met the prisoner Prank and the chief i ook with him, opposite the wharf, and nearer town than the Government, wharf. The deceased stopped Frank and said, "1 have a few words to say to you." The prisoner said. " I want nothing to do with you," and pushed him from him. He did not strike him. The deceased said, " I want to settle that little growl we had aboard ship." The deceased then went up to him a second time. The prisoner stepped back from him a short way, drew something from his pocket, ran at him, and struck him in the belly. Deceased siaggered backward and said -Oh ! oh ! the knife." He did not fall. I said to the prisoner, " You've slabbed the man and 1 ran to save deceased from falling, us he staggered like a man who was drunk. There was no blowbetween the parties except that, which inflicted the stab. Deceased walked at that time as if there was nothing the mutter with him. I led the deceased down the road towards tlie ship. He wanted to lie down in tlie road. I took him into a little store close by. Deceased said that " his guts were bunging out-." 1 found that it was so. 1 put my hand

upon his belly unci pressed them in, and kept my hand there till we got into tlie store. E then yaw that lie whs wounded. tie fell down in a fainting condition on to a sack in the store, and [ perceived the intestines hanging out. JVeeused 3»acl on trowsers and-a blue liannel. I saw lie was wounded jusl above the Dowsers. We left him there and I went to call the oilieers <>!' tlie ship to come and see him. while a man went for the doetor. The ehief engineer ruiiie up anil 1 leit him there. 1 did not set! deceased removed from the store. I went on board with some of the ere*v who hud Ihe prisoner in custody. The prisoner's face was not. bloody or dislignrcd at the time of tlie occurrence described. The deceased was quite sober at the time. 1 cannot say whether the prisoner was sober or not. I'risoner was second cook, and was known as Frank. I did not hear another word pass between prisoner and deceased. Nedhcr deceased nor J said anything to each oilier about the prisoner at Hint time. The prisoner and deceased had a few words on board the ship s>»me dais previously. I believe the expression "growl" referred to that. 1 did not see any knife with prisoner either at or alter the oecurreu .v. James Wausrli being sworn, said : I knew the drrCitM-d, Wiihain Pdriieft, sinee vvc left Sidney. I ant a lirciv.an on board the steamer 'Auckland' and he was also „ lireiiiau 011 1 lit' same ship. That was j his body which the Coroner and jury viewed down I stairs l his day. At about half-past seven o'clock M'slcrilav evening I was standing at the end of the J wharf and saw the two cooks come along the wharf j | and go up the road towards town. 1 walked slowly j up a:I. r t hem. AD Ihe turn of the road I saw the | t wo cooks and the deceased standing talking in the | road nearly opposite the lime-kiln. There might have been oilier people standing by, but 1 did not notice tlieui. When about seven yards from them, 1 saw the second cook draw back his hand, his arm being extended downwards at its lull length, and strike forward at deceased, who placed his hands upon his belly and (fried out, three or four times, " Oil tlie knife, tlie knifo." 1 went across the road and said, "What is the matter. Bjii?" Deceased • said, " Oh my guts is coming out." .Some othvr persons came up and said, " Don't lei him go, if he has stabbed tlie man ; you follow him up, and we will look out. for this one. I did not. sue Henry i'i aree there, he might have been there hut I did not see him, he might have been standing ai one side. 1 followed the second cook, who was walking by liiinseit up the road. The ehief cook was standing with prisoner when the blow was struck. I did not see him again. 1 saw the seeonil eook throw something away about 100 yards front the spot where the blow was struck. lie threw it from the road on to the gravel of the beach ; I heard it fall j it rattled like

a knife. I took particular notice of tho spot and still followed prisoner. 1 asked him what he thought of himself after doing sueh an action ? Prisoner answered that lie could not help it. He said he hud told the man to go away as lie aid not want anything to do with liim, and lie would not. lie said also the Uereased struck at him, mid I said, "If he did, you had no eail to atnke lihu with a lame. Prisoner said he "would go on board again. 1 said, ultis no use for you to go on board, for I shail letch you back." lie said, " I don't want to run awayand I replied '• I'll take cure of that." He stopped and turned, and 1 went back with him to the store where deceased was lying. i\ 11 the crew were there, and they took him into custody and conducted him on board. I, with the second engineer, John Uirkett, a iireman, and others, got a candle and went to tile place where I had seen prisoner throw - something away. I picked a large sheath knife up. The kniie ■was not in the shculli, and there was no sheath with it. There was it stain of biood.. about an inch long, on the knife. I did not know to whom the knife belonged. I shouted that i had found the knife; and 1 then gave it to tho second engineer, Thomas John Kos,e. i believe the kniie produced to be the one I found; it is ground in Hie same way as the one I found. The prisoner's lace was not disfigured, as it now is, before he was taken into custody by the crew. I did not see any oilier blow struck by either party at the time the deed was done, except as I have staled. The stain on the knife was fre=>h biood, and not dry.

.Samuel Athiinusius Cusaek, being sworn, said : I am one of the surgeons ol tile Nelson Hospital. The deceased, William Uirkett, whoso body now lies in the hospital, was brought here last evening about eigiit o'cluck. 1 was sent for and arrived beiore deceased wits being taken out of tiie cart. lie had u penetrating wound ut the abdomen, long enough to admit three lingers; it was a clean cut, and must have been inllicteu with a sharp and probably blunt ended knife, as the intestine was not woinided, it being pushed a.-ide. There were about two feet and a-haif ot the intestine protruding from the wound ; deceased was in a stale of extreme collapse ; he vomited and we did not observe any smell of spirits about him. iJy. Thebing, whom I sent tor, and I, restored the intestines, Sewed up the wound, and gave directions its to his treatment. Deceased Ulcd ill tile course of the night. 1 li;it about nine o'clock, lie had not, up to thai time, showed any symptoms of rallying. The cause of his death was eoiiapso lroui tiie snock to the system, arising from the wound 1 have described. J had but veiy little expectation of his recovery. I was not present at the time ol liis death, 'i'tie wound was very likely to have been made by .-noli a kniie ;is that produced.

A»y iiio !■' .'reman: There was u possibility ot deceased's recovery. Wo lelt huu, having dune nil wo could iur him. iii.s can: required no lurthor surgical treatment lor Mime hours alter sewing up tho wound. l)r. 'fhebiiig and 1 consulted, alter leaving therooui, and agreed that nothing further could ho done beyond giving him stimulant,-*, which wo prescribed.

Thomas .lohn Rose, 1 ong sworn, said: I am second cngineerof thostoamer * Auckland.' Yesterday evening, about seven o'clock, 1 was oil board ituu received an alarm from a seaman that one ol' tiio liiclut'ii of the " Auckland' had been stabbed. 1 went on shore and found deceased, \Viiiiam Uirkett, lying iu the doorway ofca refreshment room, near the enu oi the whurl. I assisted to put Jiiin into a cart. 1 did not see the wound. Uij: of tho witnesses Jitmes Waugh, came and told mo that if I would accompany liim, lie would show me where he (not naming any person) had thrown the knife. One oi the sailors had a lamp, and ho and two or three others accompanied lis. iSunie little distance piist tho Custom House we turned off tiie road on to the beach, and wont close to the water's edge in search ot the knite. Waugh was with us. I Jtmik he iiad a light, besides the lamp. Alter searching ibr live or six minutes, he cued out that iic had iound the kniie, and he gave it to me. It had blood marks upon it. I know it from tho examination I then gave it. I took it on board and locked it up until this morning, when I gave it to the constable now present.

Joseph Uradcock, being sworn, said: lam a constable in the Nelson police, The kniib now produced is tiie one which the last witness handed to hie tliis morning on board the screw steamer 'Auckland.'

James M'Hallie, being sworn said: I am chief cook on board tho screw steamer 'Auckland.' About a quaiter p;ist seven o'clock last evening the second cook and I lott the ' Airedale,' on board of which we had been together. We were coming up to Nelson. Just alter passing the Custom House we met the deceased, William fiirkelt, who was then alone, standing on the road, ile told the second cook that there was some little grievance between them, and that lie wanted to settle it then. Tile second cook told him tiiat he did not want to have anything to do with him. I tried to make peace between tiio two, and told them to settle it at some other time on board the ship. The deceased said, " .No, lie was determined to have it out there." 1 told them that if tiiev were going to light I would go to the ship and bring one of the otlicers. Un turning to go to the ship tor that purpose 1 heard a blow struck, and, turning round, 1 saw deceased standing with his hands on his belly. He said, •' Oh lam slabbed." I then went to the ship and reported what had occurred. I iliil not report it to ally particular person or officer. I saw no other blow struck bv cither party than the one described. I did not see Henry i'earcc there, but there were men at the road side when the blow was struck. 1 di/not know who they wi re. Henry l'earce might have boon among them without my seeing him. The knife produced is the second cook's knife, lie worked wilii it on board the ship. 1 know it by its general appearance and not tr»>m any special mark. 1 was about lour yards distant from the parly when i heard tiio blow struck. While I was walking with the second cook, we had no conversation about tiio deceased, before we met iiiiu. About ten days ago, while we were at sea, the deceased came to the galley to make toast, which is not a thing allowed, as it was against ; our regulations to permit any of the crew_ or lrenieu in the galley. He then threw his toast on the hot plates, and tiie second cook lifted it up and threw it out again ; the deceased then rushed into tho galley, got hold ot the second cook and dragged him out at the other side, threw him down, struck hiui on the mouth and kicked him. At that moment the ship's otlicer came up and separated them. The deceased then went forward, threatening that lie would have it out with tiio second cook at tho first oppoitunity—he adilressed this to the second cook. I hoard no more of tlie quarrel till last night. I never heard tho prisoner- threaten the deceased. Ily the regulations above referred to, I mean the orders of tin; captain and oliicers. Henry IVarce re-e.vamiucd : At the time tlie blow was struck, J was not more than two yards Irom deceased. 1 diii not ai iirst recognise the chief cook, but alter tiie blow was struck 1 saw who it was. I did not opu.de to him, nor lie to me. it was dark at the time. The Coroner said: There is no further evidence to be obtained, nor do I think that any is necessary. The question, as I said at first, turns on a verdict of murder or manslaughter. The circumstances, so far ;ts the evidence goes, do not disclose any particulars which in any way extenuate tho act, or even reduce it to tlie lower degree of manslaughter. By my judgment it is a criminal act, and I leave it to you to decide us to the degree of criminality. Some doubts having been onterUiiued by certain members of the jury, lurther evidence was taken. iiihvin iidwards, being sworn, sulci: lam a con- [ stable of the Nelson Police. I assisted in arresting too prisoner iust evening and taking him to tlie lockup. When taken to tlie iock-up ho said lii.s name was i'Yancis Loci;, He also saul he was a native of New liiuiiswick. James liarton, iia ving atlirmcd, said: I. am hospital attendant. Tho deceas.d, William Hirkolt, was brought here about half past eight, hist evening. Drs. Cusack and Thebing attended him, and remained with him about an hour, giving me directions as to tiie treatment, to be observed with him. lie gradually gro v worse, and died at two o'clock this morning, i toilowed tho treatment directed. The jury, a iter some deliberation, returned it verdict ot w'ilud murder against Francis Lock, who was thereupon committed lor trial by the Coroner. When taken into ciisiouj by tlie sailors, they struck the prisoner very severely, and one of his eyes bor>3 evidence that it had received a tremendous blow. So much wei e some oi the crew incensed towards the prisoner lor having commuted the murder, they had they not been prevented l.y their otiicors, thai, would undoubtedly have there "and then attempted to h.ing him.