THE LATE ACCIDENT AT SADDLE HILL

Otago Daily Times, Issue 207, 7 August 1862, Page 5

THE LATE ACCIDENT AT SADDLE HILL

INQUEST ON TUB BODIES.

The inquest on the bodies of the two women, M'Kenzie and Welsh, killed by thu overturning of " Hardy's Express" at Saddle Hill, on Friday last, was commenced on Monday at the Burgiddie Hotel, before Henry Howavth, Esq., Coroner, but in consequence of tha very lengthy evidence, the inquest h:id to bo adjourned to Tuesday, and then to Wednesday, on which day it was brought to a conclusion. The following is a condensed abstract of the evidence taken. Cochran M'Doweil, the driver of the waggon, was present in custody :— John Geddes, carter, having been sworn, deposed that on Friday evening he was proceeding along the road with his wagon. There were two other vehicles in company with him. He was first, Hardy's Express was next, and Andrew Agnew's waggon behind. He had proceeded beyond the second bend of the road from the Burgiddie Hotel, when he found that the other waggons were not following ; he stopped his horses, and having returned some distance, observed Agnew's waggon alone on the road, when Agnew called out "Mao-is over the bank." He then saw the waggon in the gully, wheels uppermost;, and the prisoner beside it ; and he went to render assist nice, but found their united efforts could not move the wnyon, upon which witness went to the hotel for assistance, and having returned, they extricated the bodies of the deceased.

As far as he could judge, both the women were de<id. Did not observe what the prisoner was doing.at the time. The three wag»ns stopped at the public house on their way. Witness did not see the prisoner drink anything at the firs»t hotel. The prisoner had a glass of ruin and milk at the second hotel. lie did not know whether the prisoner had been drinking before he left town, nor could he way whether he was intoxicated or not. The prisoner had driven the wagon .well enough from town. When the witness saw the prisoner after the accident, tne latter wa3 very pale, and his clothes were much torn. Witness'remained at the spot but a short time after the bodies were extricated Cross-examined by Mr, Burton:—On the morning after the accident, the witness saw the road I was much broken away where th 2 accident took place ; some heavy rain hsd fallen on the night previous to their leaving towu. Questioned by jury: Heard the prisoner say after the bodies were extricated, that his leaders had shied. It would be dangerous at any part of the road if the horses shied. Augustus Poeppel, City Surveyor, sworn, deposed : lie stopped at the Burgiddie Hotel on Friday last, having proceeded there in consequence of information he had received of the accident. The wagon was upside down. He assisted to extricate the women. He saw the prisoner about an hour afterwards, who appeared very downcast. The witness only took a slight glance at him, but from his utterance and general appearance, judged that he -was rather tipsy. Witness did not see where the first woman was taken from, but the second was taken from beneath the luggage. By jury : The prisoner's appearance might have been caused by the shock and injuries he had sustained. Christian Julius Toxward, surveyor, having been sworn, corroborated the previous witness's account, and swore positively that he was sure the prisoner was intoxicated. The witness saw him at the hotel about ha!f-an-hour after the extrication of the bodies, when the prisoner still appeared to be intoxicated. Andrew Agnew, carter, having been sworn, corroborated the statement of the previous witness Geddes; he also stated that on arriving at the scene of the accident he saw one of the women whom he believed to be Mrs. M'Kenzie lying partly outside the goods, a cask ofliquor \v.<« on bier chest. He did not assist to extricate the other woman. The boy did > not appear to be hurt. He did not observe what the - pt isoner was doing. The prisoner's vehicle ought not - to liave been near the edge of the road. c George Wilson, medical practitioner, sworn, stated r that on receiving information of the accident, Mr. I Hooken and he arrived at the Burgiduia Hotel about 9 o'clock on Friday night, and proceeded [ t in company with a constable to the 6cene of the disaster, lie found the bodies of the two females quite dead, and on making a superficial examination, : y he found no traces of Wood on the face, nor marks of '• violence. The bodies were still warm. The witness d then examined the driver, Coehran M'Dowell, as to o whether lie was drunk. The prisoner seemed much d distressed and excited, but answered rationally. The y prisoner stated that the accident occurred by the near p hand-leader, becoming unmanageable. The witness n smelt the prisoner's breath, as also did Dr. Hocken, but could not discover the smell of alcohol. The prisoner stated that he had taken five nobblers during the day. The witness had that '" day (Monday, August 4th,) in conjunction with Dr. w Hocken examined the body of Mrs. M'Kfnzie. The face and neck were much congested, but it might ir have been post mortem congestion, there were no [y broken bones nor marks, except two slight abrasions n, on the front aud back part of the chest. On examin:S> me the body of Mrs. Welsh, the witness found a comer pound fracture of the collar bone; there were no j n other bones broken nor marks of violence, that he could detect. The witness had since made a ?H post mortem examination of the bodies in conjunc--111 tiou with Dr. Hocken. The witnes3 examined ' rs the body of Mrs. M'Ktnzie, and Dr. Hocken that of Mrs. Welsh, making observation ed conjointly as they proceeded. In the case of Mrs. ad M'Kenzie there were violent and excessive congestion ed of the blood vessels of the scalp; on removing the skull a quantity of blood <ffu3ed from the covering of jjj the brain. The brain itself was highly congested, and * there was effusion of serum and btood hi the venf , tricles; there was no fracture of the skull; the P * lungs were healthy, with the exception of being !"j much congested with blood; tho different parts of Qd the abdomen were healthy. The witness believed 2n, the immediate cause of death to bo congestion and

effusion on the brain, and congestion of the lungs. A. heavy pressure preventing the expansion of the chest would cause death. In the case of Mrs. Welsh <*nngcst'oii of she brain was also found t > a very great extent, and effusion of sorum and blood in the ventricles ; on the right cnvicie thire was a compound fracture, and fonr'cf tUe ribs-were broken, some of which w.tc driven into thi lunirs. The witness believed the immediate cause of death to be congestioa of the brain and injury done to the lungs. It might have been done by heavy pressure from without. Thomas Morland Hoeken, medical practitioner, who had made a post mortem examination of the two . bodies in conjunction with Dr. Wilson, corroborated | the previous witness's statement as to the state of the bodiea and the cause of death in each case.

Cross-examined by Mr. Barton : On the evening of the accident, it was" cloudy and wet. The moon also was obscured and it was very dark. Edward Musgrave, Resident Magistrate, Tokomaii iro, being sworn, stated that he was at the smene of the accident a little after 6 o'clock on Friday last. He assisted along with a number of other persons to extricate the bodies of the decease!. They were both quite dead when got out from underneath the vehicle, lie saw the prisoner turning the wheel of the vehicle round with his hand. Witness spake to him and tried to get him away as they were then turning the vehicle over. The" witness had, however, to call another man to his assistance to remove the pressure, and which they just succeded in doing when the wagon was overturned. From the absurd manner in which the prisoner was occupied turning the wheel round, and the witness being unable to elicit any reply from him in answer to his remarks, it was his decided impression that the prisoner was intoxicated. The road where the nceident took place wa3 only 21 feet wide, 15 feet of which was metaled, with a bank on one sUe, a precipice on the other, and the edge composed of rotten earth. The road was an exceedingly difficult one, particularly on a dark night. The witness had examined the bank since the accident, and saw that it had given way a little. Witness thought it probable if the bank had not given way that the wagon might have passed on in safety.

The Coroner then adjourned the inquest till Tuesday, August sth, at 10 o'clock a.m.

Tl'jssnav, sth Avcvar. Peter M(Lachlan, landlord of Burgiddie Hotel, Saddle Hill, having been sworn, stated, that on Friday night list, a little after 6 o'clock, he heard some drays pacing, and shortly afterafterwards a carter came and informed him that an

accident hud taken place. On ar.ivinar at the scene of the accident, he saw til;; decea^d Mrs. M'Kenzie lying partly underneath the waggon. He believed she was then quite dead, her h-fid wa* below the goods the rest of her body was exposed to view near the front of the wagon. After the wagon was overtiirned the witness supported the body of Mrs. M'Kenzie, his little girl bathing her temples with water, till he heard there was another woman be'o.i* the lugirage, when he discovered Mrs. Welsh lying beneath a box and a'barrel near the centre of the waggon ; she was removed by witness's servant, David Hus;ell. and a gentleman. Witness then went to Mrs. Welsh an 1 dashed some water in her face, but found .she was quite dead. The women remained in

this position until the medical men arrived from town. A candle was brought down at the first in a bottle. When witness first saw the prisoner he was hinging on by the wagon, and witness and the others could not upset it in consequence of his being there. The prisoner was removed and afterwards ] went up to the hotel, where he remained until he i was taken in custody by tin: poli.-e. He appeared to ! the witnessto be very drunk. Witness toM one of the engineers to come find look fit the prisoner, who shortly afterwards went into the public room, and sat in a chair near the fire; witnessreturned to the room in about I alf an hour, and found the prisoner Iviuj; with tils head resting on his arm, asleep, but did* not disturb him. Witness dil n>t hear the prisoner say at the time, how the accident occured ; he afterward"* t"ld witness.(bit not on that night,) that the horses shied. Witness could not say for certain, whether there was more than one candle at the scene of the accident. .Samuel Wilson, servant in Mr. M-'Lachlan's employ, having I*een sworn, stated, that he assisted in overturning the waggon, and then went and Lei 1 a

gentleman's horse, while lie rendered assistance. The I night w«s too dark f>T him to see what was going on down the hank. When witness saw the prisoner, he was bringing up one of his horses. They did not s peak to each other. By jury: He afterwards <-aw the prisoner in the publii ri>o!ii. He app-sared to be the worse for liquor, fo the bust, of witue-s'ri belief he was intoxicated. He judg-l fo fmra lii : ; appearance. When witness saw him passing with JiU horses he thought so. Both a lari.iTii au<i a candle in a bottle were taken down to the ieene of the accident. Witness did not remember whether the prisoner passed him with his horses before or after the bodies were pot out. David If U4E 11, miner, and in Mr. M'Laehlan's em- : ploy, having been sworn, stated that he went down I !on Friday to the scene of the aaeident. taking a tin ' lantern with him ; another person took a bottle with a lighted caudle in it. When witness went round to the low siik of the waggon he saw Mrs. M'Kenzie lying with part of her body outside the dray. They could not extricate the woman without overturning the waggon ; when tin y did so it took the pressure off her bo.iy. The chill crawled out, apparently unhurt. Witness assisted tc remove some of the luggage from j the body of Mrs. Welsh. One of the gentlemen rei moved a. box from oil" her breast, and witness assisted ! him in removing a cask from off her face. To all ! appearance she was quite dead. She never j spoke. Witness saw the prisoner trying I to relieve his horses when he first went down. * He

saw the prisoner shortly afterwards coming up the bank in a staggering manner. He laid his hands on the bank once or twice in coming up. Witness thought the prisoner was the worse for liquor. He did not see the prisoner again till he was conveyed to town.

Cross-examine;] by the prisoner : Witness thought it_ had been raining that evening. A soLer man might have slipped in coining up the bank. It was from the appearance of the prisoner and the manner in which he came up the bank that witness thought him intoxicated. By Jury : Saw the prisoner coming up the bank by the light of both the candle and lantern. Did not hear any person say that " the women were all right." James Kennedy, farmer, residing in Green Island district, having been sworn, stated, that on Friday la>t, he saw the prisoner driving a waggon near the turning in the road, not far from his house. His attention wa3 called to the manner in which the prisoner was driving. Witness saw him nearly run o%'er two men who were standing on the road. One ; of the men had t» climb up the bank, and was within I a foot or so of being run over. The near wheels of the waggon went off the metal altogether, in consequence of the way in which the prisoner turned the corner. He turned the corner too short; and, after passing the two men, he drove the waggon off the metal on the opposite-side 01 the road. Witness then come down to the road, and saw the prisoner pass by. Hesawsome one ruling on the front part of the wagon, but did not recollect seeing any females on the waggon. j Witness considered that the prisoner was driving in a very careless manner. So far as he could judge, the horses were going steadily. Witness did not pay any attention to the waggon after it passed his place. It was between four and live o'clock when he saw the prisoner; it was not dark. The horses had trotted very fast coming down the hill. j By Jury.—Witness could not say whether the prij soner was drunk or not; but he was not driving like j a steady man. I Allan Cameron, laborer, having been sworn, cor- | roborated the previous witness' statement; he also j stated that he again saw the waggon some distance off, near Mr. Scott's, it was then going slowly. To the best of his recollection he saw two men riding with the driver. Cross-examined by the prisoner: Did not see whether Hardy's waggon was endeavouring to pass the drays when it was turning the corner. Generally got off the metal when anything was coming. Should think the waggon was coming down the hill, at the rate of six or seven miles an hour. William Drisdale, laborer, on the Green Island road, having been sworn, corroborated the previous witness's statement. Cross-examined by the prisoner: Said to theprisoner when passing, could he not keep the road ? He made some answer, and laughed. The wheel of witness's barrow was not on the metal, and the prisoner did i not tell him to take it out of the way. ; James Burt, part proprietor of the Sunny Side ' Hotel, Saddle Hill, having been sworn, corroborated i the evidence of Mr. M'Lachlan, and stated that be- • fore the waggon was turned over, the prisoner did • not act like a sober man; witness heard the prisoner i say he wanted to get the horae3 out. He did not hear J the prisoner say how the accident happened. i Cross-examined by the prisoner.—He did not know • how long the waggon had capsized before he was on 1 the spot. The driver of one of the drays brought the information to him. i By Jury.—Witness had been drinking a glass or . two during the evening, but was perfectly sober. i The prisoner was unable to assist in turning the c waggon over from the state b.e was in. if ■ Thomas M'ftab, laborer in Mr. M'Lacblan's cmi ploy, having been sworn, stated, that he was the first - on the spot after the accident happened. He saw the c prisoner at his horees, and another mas st the g waggon. The latter said to the prisoner, " Never )f mind the horses: try and get out the females." It d was dark at the time. (Witness made other stated meets corroborative of previou* evidence.) Witness,

on peeing both the women were dead, went to assist the prisoner in getting his horses tip." and told him to stand back or he would get himself hurt, as he was the worse for drink. While the prisoner was at the head of oue of the horses, he fell. From, what the witness saw of the prisoner's conduct during the proceedings, he did not think that he was sober. The Coroner adjourned tbe inquest till to-morrow at nine o'clock to the Gold Digger's Rest. George M'Kenzle having been sworn stated that he was a police constable on duty at Wetherstone's. He had seen the deceased MaryM'Kenzie, and identified her as his wife. She was twenty-eight years of age. He expected her to have joined him at Wetheretone's on Monday last. He believed she arrived in this province by the Gothenburg on the 28th July last. Witness wrote to her at Dunedin requesting her to travel by Hardy's express waggon. He heard of the accident oil Sunday last about 8 o'clock. He knew the prisoner, and had known him as a driver for the last three montlis. He had confidence in him, and thought he w«s a careful driver.

John Welsh, carrier, having been sworn, stated that he had been three weeks in Otago. He had seen the deceased Mary Welsh, and identified the body as that of his wife. Sha was twenty-four years of age: He left her in Dunedin on Thursday last, and had p lid her fare to travel by Hardy's expresswagou, which the prisoner told him would leave at ten o'clock on the following morning. He heard of dectased's death on Monday last. He knew nothing: of the prisoner.

James O'Connor.police constable,having been sworn stated that from information he had received, he proceeded on Friday evening last, to the Burgiddie Hotel, where he saw the prisoner sitting near the fire in the public room, aud resting his head on his hand. The prisoner appeared to the witness like a man recovering from a lit of drunkenness. He requested Mr. Wilson to examine the prisoner and afterwards arrested him on a ckarge of manslaughter. Cross-examined by the prisoner: He saw the prisoner pass the police station about mid-day. He was then to the best of his belief sober.

By Jury: The prisoner had since told him that the near side leader shied, thereby causing the accident. The prisoner so far as he knew, bore a good character cs a driver.

Cjchau M'Doweil, the driver of Hardy's Express, was tiien sworn, and after being duly cautioned depusjd as follows :—He left Duuedin in company with two other wa-.'gous, Geddes aud Aguew's, at three o'clock on the da;/ in question. He stopped at the Edinburgh Castle, Caveisham, and had a glass of sherry, the other two waggons startiug before him. He stopped again at the Diggers' Rest and had some rum aud milk. Was perfectly sober. At twenty minutes past five o'clock he again started, intending to go to the Spring Banß Inn, there being no accommodation for females between that and the Diggers' Rest. The two deceased and a boy were passengers to Wetherstone'.'l. Mrs. Welsh was riding inside.

Mrs. M'Kenzie and the child were inside on the box with witness. On starting from ?he " Diggers Rest''the two waggons were ahead,

Accnew'a travelling very slowly. Geddes asked him to allow witness to pass, and be did so, witness then being in the centre. In that order they proceeded along towards the Burgiddie Hotel. Did" not stop at the Burgiddie Hotel, but proceeded on. About two or three waggon's 1 ngth from the head of the road, the near side leader shied acros3 the road: at the time his heel was on the break ready for use; he at once drew the leaders asrain into the middle of the road, by that time the whet-is were off the metal on the oil-side and the waggon stopped by the break. Both the deceased women requested to get out, but witness told them to sit quiet and he would get them out. He was in the act of rising off the seat when the bank gave way, and the wagafon fell down bottom upward-*. "Witness was thrown on his head and shoulders, down the bank. He then ran up the bank to the road and shouted for help. Geddes' waggon was at that time just about turning the lower corner. Agnew's waggon then came up, and witness &iid " For GoJ's sake assist me for I have capsizei.'' Agnew asked where the femaks were, and he told htm they were underneath the waggon. By this time Geddes had returned, and he ran to the ho'el for assistance. On his return with assistance, they wanted to turn the waggon up towards the hill, and witness said it would be impossible to do so. If they had done so, the deceased Mrs. M'Keczie might have been cut in two, lying in the position she was. Witness was then standing by the fore wheel assisting to capsize the wagon. One or two men came round to take him away. He then told them that they would be of more service on the lower side, as they would have double purchase, the wagon lying on the incline. They said they would ell be killed, and witness told them there was no fear of that; they then forced him away. Witness and another man fell down, but rose again immediately and went to the upper part of the wagon. He beliered he assisted to turn the wagon over, while the man who fell with him was " thinking" about {retting up, and he (witness) considered that he had more presence of mind in the accident than most who were present, most of the things having been done by his orders. Witness! here declared that, "as God was his judge, he was sober at the time of the accident." It was dark at the time, and he was going at a walking pace. Had no lights or lanterns in front of the wagon. The wagon -whs drawn by five horses, there being leaders place J abreast. The wagon would require ten feet of the road while passing another vehicle. The road was unobstructed at the time of the accident, but there was a sharp turn iv the road, aad it was almost impossible to keep the wheels on the metal while turning. He liad travelled the road before, and was well acquainted with the turn. He did not remember having: said to any one that the horse 3 had turned too quick, and that he had not the power to stop them. He had told Dr. Wilson that he had drank five nobblers that day. He remembers saying, •'Oh! save the women.'' He never said they were all right. He did hear some one say, *• Oh, never mind the horses, 1005 after the females." He was at that lime pulling the horses' legs off the body of Mrs. M'Kenzie. He remembered M'Nab telling him (witness) to stand back, for he was the worse for the liquor. He told him to mind his own business. Ewen M'Coll having been sweru, stated that he was the proprietor of the Diggers' ltest Hotel. He remembered the prisoner stopping at the hotel on Friday evening last at a little past 5 o'clock. The ]>rkoner drank two very small quantities of rum and milk. Witness considered him perfectly sober at the timr. On hearing of the accident, witness went to the Burgiddie Hotel, and there saw the prisoner, who appeared in great distress. Witness spoke to him, and he answered quite rationally. He certainly did not consider the prisoner intoxicated when he saw him, which was not later than half-past S. He had known the prisoner to drive for eight or nine months past, and had never seen hi»« tlie worse for liquor. Prisoner often came into his house and left without drinking anything. Margaret M'Lachlan having been sworn, stated that she saw the prisoner climbing up the bank, and holding on the fern as he ascended. When prisoner reached the ton he fell down, and Mr. Morgan assisted nim up. Prisoner, about 20 minutes afterwards, asked for a candle to go into the stable. She asked him if he was aware that he had killed two women. He replied that they were noL dead. Prisoner then endeavored to put on his jumper. He was trying to put it on kottom upwards. Witness thought at the time that prisoner was much the worse for liquor. Philip Horton, veterinary surgeon, having been sworn, stated, that on Friday last he accompanied the prisoner some distance out of town. It was about three o'clock when they hft Dunedin. The prisoner was not in the least intoxicated. He had only one glass of drink in witness' presence during the day. He considered him to be as careful a driver as anyone on the road. By Jury: The near side horse was too quick for the otheis. He told the prisoner that he ought to have been at the opposite side of the pole. John Morgan, landlord of the Royal Hotel, Waitahuna, having been sworn, stated that he was riding in the prisoner's wagon on Friday last. He remembered passing Mr. Kennedy* house. They were then going at a slow trot. He did not think the near wheels of the wagon went off the metal into the gutter. He saw two men working on the road, but did not see either of them climb mp the bank, to get out of the way of the wagon. The prisoner said " Stand away men." He did not hear either of the men say •' Can't you keep on the metal." After turning the corner, the wagon kept the metal all the way. Witness sat on the front seat, but did not see it go oil the metal at all. He considered that the prisoner drove the wagon round the corner in a steady, careful manner. Witness got out of the wagon at the Bnrgiddie Hotel, and and prisoner went on. In a few minutes after witness heard of the accident and went to the spot. In reply to this question, prisoner stated that the women were underneath the wagon; he was then standing near the forewheel. Tkey capsized the wagon and extracted the two women; neither of them spoke, but to the best of witness' belief, Mrs. M'Kenzie breathed. The prisoner assisted in turniag the wagon over. He tried to* get one of the horses up; witness did not see him fall down. Prisoner walked up the bank very well. Prisoner did not fall down when he reached the top. Witness saddled the same horse that was on the near Hide of the prisoner's waggon to fetch the medical gentlemen, the horse shied with him three times on the way. He had know,n the prisoner driving on the road for several months back, and had never known him the worse for liquor. Samuel Moore, mounted constable, having been swornf stated that he wm on hi» way to Dunedin

about half-past sis o'clock on Friday evening test when he met three wagons. The prisoner's vehicle was in the centre. Tiny were all on metal and advancing nt a slow pace with a space of 10 or 12 yards between each vehicle. They had no lights. It was sufficiently light for witness to recognise Mr. Morgan. The verdict of the jury was—That the deceased. Mary M'Kenzie and Mary came by their deaths by the upsetting of the conveyance known as Hardy's Express, in which they were travelling at tie time of the accident The jury did not consider that there was sufficient evidence before them to prove thr;t there was carelessness or cUpauiHty on the part of the driver at the time that the unfortunate and melancholy accident occurred.

The Jury .before parting, felt it to be their duty to request the coroner on their behi't to represent to the authorities the many dangerous portions of the road between Dunedin and theTjwri, especially where the accident occurred, and trusted that the authorities ° would take immediate steps, both to widen and form those parts, so as to avoid similar unfortunate occur- % rence3.