INQUEST.

Otago Daily Times, Issue 6592, 31 March 1883, Page 2

INQUEST.

THE CASE OP ALLKIKO ir.L-TREATMKNT. Au inquest concerning the death of Joseph Henry \V am, 7J years of age, was opened at the Hospital yesterday afternoon, before the Coroner (Dr Hocken) and a jury of 14, Mr W. D. Sutherland being chosen foreman. Inspector Weldon was present, and Mr Donniston appeared on behalf of Frederick Wain, the boy's father. The jury having been sworn, The Coroner opened the proceedings by saying : Gentlemen of tho jury, this is a case of considerable importance, and by your verdict one, if not two persons, may be very seriously affected. It is an inquiry concerning the death of a little boy named Wain, 7J years old. I daresay you have heard a great many reports about this case—that this Doy had been very badly treated indeed. I only mention this to draw attention to tho importance of the inquiry, and to ask you to dismiss from your minds any remembrance you may. have of these reports. A great many of these reports are often very baseless, and when subjected to such an inquiry as you are about to make are often proved to be entirely without foundation. If you should 6nd that the death of thia child has been caused by the ill-treatment of these two persons, of course it will be jrour duty to return a verdict of murder against one or both. I mention that again to show the importance of the inquiry. The following evidence was then taken: — Frederick Wain, sworn, said: lam carotaker for the Caledonian Society. The deceased, Joseph Henry Wain, was my son. He was seven and a-haif years old. He was a native of Dunedih. He died on Wednesday morning last, at half-past 9 o'clock. Elizabeth Mitchell, sworn, said: I am a nurse, residing with my hiuband at Macandrew road, South Dunedin. On the 20th January last I went to nurse Mrs Wain, the stepmother of deceased, in her confinement. She lived near the Gasworks. I saw nothing of the boy the first week I was there. In the middle of that week the weak voice of a little boy said " Good-night." That came from a back room where he was kept. It was a fourroomed house, and Mrs Wain was in a front room. There were a kitchen and spare bedroom in the back. It was from the latter bedroom that I heard the voice proceed. This room was at the back of Mrs Wain's bedroom. I was in the bedroom where the voice came from, because I wanted a blanket and pillow. That was going on for 10 o'clock at night. The room was only lighted by a lamp in the kitchen. I opened the door when I went into the bedroom. I did n.)t see anything, and only heard the voice saying " Good-night," and proceeding from a little bed behind the door. That was tho first I had ovor heard of ariyone being in this room. I had been there several times before in the daytime, and no one was there. _ The bedroom was a largo one, with a large window. There was a small wooden bedstead in the room. 1 .knew the boy Job slept in this room, but I did not know that the other boy slept there. There was a meat-safe in the room and a small cot. I knew it was not Job's voice that said " Good-night," and on the following evening I asked him who it was. He said it was his brother. Job might have been in bed in the room at the time. I asked Job where the boy was in the daytime, and he said he was kept away. I asked because I wai a little concerned about' the boy saying good-night. Job said his mama did not want me to see the boy. That was all I knew about, the boy the first week. On the next Sunday—when I was there a week—Mr Ogg brought Henry in to the kitchen door and asked for Mr Wain. This was the first time I saw Henry. Mr Wain was on the footpath, •uid he spoke to Mr Ogg. The father touk the boy from Ogg, and put him into the room wliere ho was kept. I did not hear any conversation ; I heard Mr Ogg speak pretty firm, pretty sharp, to Mr Wain about tho boy, I think ; but I did not hear, as I did not stand. I thought he was speaking about the boy, because ho brought the boy there; but I did not hear. I did not see the boy again until the next day (Monday) at 11 o'clock. When tho father put the boy into the bedroom he beat him with a strap which he wore round his waist. I thought it was a great boating. The boy said he would not do it again. He came out and shut tho door, and then in a few minutes he returned and bsat the boy again severely with the strap. The boy was quiet, and had not been calling out. The boy was uudressed by the father after tho second beating, and put to bed. Tho boy was beaten while his clothes were on. I did not see Job at that timo. I did not sco deceased until the next day (Monday),fin the forenoon. He was then standing in the centre of the floor in hia room, dressed. He did not speak then. He was standing quito pitiful, looking down at the floor. He was not crying. I saw him standing like that every day. I saw him several times after that day. Mrs Wain beat him on the Tuesday afternoon. I could not say what for —I was not present, but I know she was beating him. You could hear from one room to the other. She was not beating him with her hand, but it seemed like a stick on the body. I thought it was a very strong beating. It did not last a long time—nearly two miimtes. She said to me that the boy had been up to sumo little tricks again. The Coroner: I may save this witness some embarrassment by explaining to the jury that a statement is made that this little boy was given to an evil habit, andthat the correction was administered to cure him. v

Witness continued: On Thursday she beat the boy again—it might be with her hand. She dragged him to the door and said, " Look at this boy." I could not see that ho had been doing anything. I saw nothing wrong about him. The first time Mrs Wain beat him (on the Monday) she tied hia hands to his back with a piece of leather. He was tied up that way all day, except on certain .occasions. Ha was not tied up during tha night. She untied him in the evening. He was tied up different times with his hands behind his back. He was kept in this room always, except when he was taken out to the back by Mrs Wain's orders. I could not be certain that he was beaten, on more than two occasions by Mrs Wain. I did not know when the boy got food. I never saw any food taken in to him. He might have had food taken to him during the afternoon, because I was working outside. I was about the kitchen in the morning, but saw no food taken in. He asked me for a piece of bread when I first saw him, in the middle of the second week. I said I could not give it to him. I asked Mrs Wain to give him some. She said he would make a. moss of it. He did not then get any to my knowledge. Ho asked me on other occasions—once or twice —for food, but I did not give it to him. The Coroner : Why did you not ?

Witness: Tlio place was pretty atriot. 1 did not do it. I asked Mrs Wain, and she said, " Take uo notice of him." She kept the safe locked. Of my own knowledge I did not know of his having anything to eat during the whole time I was there. I cannot answer for the afternoon, because I was nursing or washing outside the house. I never saw any cups brought out of the room, nor a glass of water. When he asked me for something to eat, he said nothing else. Ho spoke in a very low voice.

The Coroner : Do you mean so that his mother would not hear him ?

Witness : Yes. lie looked very sadly—very poorly. He looked a shadow. I cave him a drink of water on the Saturday I left. He asked for it. I did not give him anything to eat. All the time I saw him there—one week —he used to bo in tho bedroom from G in the rooming ■ until 7 at night standing in the middlo of tiio floor. Ho had no shoes or stockings on. Ife wag dressed in a pair of tweed trousers, a cotton shirt, and a jacket. The clothes were poor tweed. It was warm weather at the time. So far as his clothing was concerned, being in tho house, I do not think ho was starved. I do not know what sort of bedclothiiig lie had. The boy scorned very dull and spiritless. I never had any conversation with tho boy. I used to go into the room for a message, n'nd shut tho door on coming out by Mrs Wain's orders. I think .fob put the boy to bed. I said to Mrs Wain that I would take tho boy, as i thought I could do for him. I offered to do so because. I felt sorry for tho boy, on account of Mrs Warn saying thr.t he always ran away; that she could not manage him ; that lie was a thief, and she had to loci: up everything from him ; and that ho had an evil habit. When I inado the offer to take tho boy, she said she did not like to have any other hand about him. The boy seemed to me a gentle, sensible little boy, judging by tho way he answered " Yes, rua, when spoken to by ATra Wain. After I left »he got

into some trouble about the boy breaking out, ami she came to me and asked me to take the l>oy then, as she could uot manage him. I Baid i would it'll; my husband, and give an answer next day. I went for the boy on the following night (Saturday, 3rd March) to Mrs Wain's house. He had gone to bed. Mrs Wain called the boy to get dressed, and he ft up and dressed and came with me. asked the boy if he would go with me, and he said " Yes." Mr and Mrs Wain said he waa poorly—bad with diarrhoea. I then took him homo that night, and on the Wednesday following I called back at Mr ' Wain's house. Mrs Wain asked mo how the boy was, and I Baid, "Very poorly." I said I would have to take him to a doctor or bring one to him. I said to Mrs Wain that if I had seen the boy undressed I would never have taken him away. I meant by that he was so poor, and such a sight. His left ear was badly cut. I asked Mr and Mrs Wain how his left ear was so badly cut. Mrs Wain, in reply to mo, said she did not know, unless it was when he was coming over the Caledonian grounds, when Mr Ogg brought him home. The boy himself had told me it waa : through ■ being beaten with the brush handle by his mother. 1 asked both parents how it was his right eye was black. They seemed not to believe it. The boy had told mo that hiu ma had blackened hia eye. I'asked about the bone of the boy's arm. Mrs Wain said perhaps it was done when he made his escape out of the Caledonian grounds. I said the black mark would be gone before this time, surely. The boy said it was his ma who hurt hij3 arm, not the brush handle. The bone of the arm seemed to bo broken, but there was no pain, only a black mark. It was plain to see the arm was broken, as the bone set out so. awkwardly. I. told the parents that I would not be able to send him to school as i intended, because he would not bo able to take his place among boys, as he was so feeble. He did not seem to be able to go about 01 take much food. . I said to Mrs' Wain to come up and see him. She said she might, and she did so the next night. The doctor came before Mrs Wain came. Dr De Zouche came with Sergeant M'Donald. Mrs Wain did not send the doctor; she came while the doctor was looking at the boy. She said she did not think Mr Wain knew the doctor came. She snid, "You are to be strict with him"—not to give him liberty. I had the boy from' Saturday night until Thursday afternoon. He seemed to mo during that time to be a nice, interesting little boy. He was not con6ned to bed; he moved about the garden; he was very feeble, but played with playthings. I did not notice any bad habits. He did not steal anything. I kept a strict eye over him, and did not see the evil habit that Mrs. Wain spoke of. I did not speak to the boy about that evil habit; The boy did not attempt to run away, and seemed quite at homo. Ho said at different times he would like "to stop here " with me. I suppose he meant he had liberty. He said he was away from his mama now, and she would not beat him any more. He was removed from my house to the Hospital on Thursday, the Btb March, by tho doctor's orders. > The Coi oner: During the time you were in Mrs Wain's house did she seem very fond of the boy? ' ■ ~

Witness: She did not speak much about him, except that she said-she could not manage him. Tho Coroner: Can you form an opinion why she treated him in tho way she did ? Witness : I cannot explain. She said she could not manage him. Mr Wain went out at 8 o'clock in the morning, coming back at 12. He then went out again until 5 o'clock. He did not go out much in the evening. He did not see much of the little boy. He did not go near him. He knew the boy waß fastened up in the room. He never made any remark to me about the boy. The Coroner: Why did not you come to the rescue of the boy while you were;in the house? ' ■ •■' ■"■ ■ . ■.:.

Witness: I did not like to interfere. I should have done so,' but I did not, except to propose to take him away. When I spoke to Mr and Mrs Wain about getting a doctor, Mrs Wain said if I thought the boy. wanted a doctor, they had better have a doctor. They did not say they would send a doctor.

This concluded the witness' examination-in' chief.

Mr Denniston: Mr Coroner, as representing Mr Wain, I ask permission to put questions to the witness. I suppose it is not necessary to point out the propriety of that course. A'man in any British country or in New Zealand cannot be committed for trial on a charge of stealing a pair of boots without having an opportunity of cross examining witnesses either by himself or through counsel, which affords the best and only test of the accuracy of the evidence. Here is a case which, as his Wprship has intimated, may result in a charge of murder, and yet I understand it is not-consi-dered light and proper that the person who may be so charg-d should have an opportunity of testing the evidence given by the only .means whereby such evidence can be sifted. It'is not the practice in England to refuse such a right to persons concerned in an inquiry of this kind. I would refer to the inquiry into the death of Mr Bravo some time ago. Every person who was by any chance implicated was represented by counsel, who cross-examined. .The same was tho case in the Staunton inquiry. ' In the caso which has caused so much excitement at Home lately—the inquiry into the death of a doctor—the same liberty was allowed. I undertake, from the instructions I have ro ceived, nnd from my knowledge of the facts, to obtaiu from this lady most important evidence—the most important portion of her evidence. I wish to speak with every respect to the Court; but I can only say that if in an important case of this.kind the English practice is not allowed, it will amount to a'denial of justice. I speak strongly, because I feel strongly. Your Worship has intimated that you will take care that every justice is done. I do not doubt that you, intend to do so; but I hold that you cannot do justice to the parties for this reason—because you are not possessed of the information I am in possession of, and received from my clients. You are only in possession of information supplied by adverse parties—the other parties—and you are not in possession of the facts which I am in possession of, and which will enable me to cross-examine. With all due respect, your Worship'ia.'a layman, and not-experienced in the sense of being in tho same position as I am to extract evidence by cross-examination. In the interests of deceucy and justice, on behalf of the two persons involved in this matter, I ask permission to cross-examinees the witnesses. /

The Coroner: I think you have spoken a little strongly. - My own impression, as a coroner of many years' experience, is that an inquiry of this sort is quite sufficient ,to come to the truth. You know as well as Idp that this is by no me'>ns a final inquiry. Whatever may bo the result as to the verdict of the jury, this is by no means the final trial. Under the circumstances, however, I will consent to the cross-examination. It is my desire that every justice should be done ; but my opinion is that every justice can be done, and a very complete determination can be come to, by myself and the jury. . . ■; Cross-examined:. During the first week I visited I was told the boy was in a iean-to at the Caledonian grounds, where his father was. I did not see Job getting his Breakfast in the house in the morning. Mt Wain got his breakfast at 8 o'clock or before. A little past G in the mornimj the deceased went away with his brother Job. In the morning I was not allowed to leave the bedroom until Mrs Wain gave me orders. I was out of the bedroom before 7 in the morning, but the boys were always gone then. The boy when in my houso spoke about being badly. treated at times. The boy was not able to do anything in my house. I had no boots to brush,. The boy said to his mama that he brushed boots in my house. He did not, although he may have had a brush in his hand. He was not able to brush. . When his .mother came he spoke to her pleasantly. He told her he liked to stop with me. I put a little vest on him to keep him warm, and a little flannel. He had the same clothes on when he was taken" to the Hospital as when he camo to me. Mrs Wain said she did not know what she would dp when her little girl grew up, on account of the boy's evil habit. Mrs Wain said the boy was strapped up on account of this evil habit. I'took a little now suit, and also a hplland suit, to my house, in addition to the suit the boy had on. I was to be paid for taking charge of the boy— 3s 6d a week.

To a Juror: I first saw the hurt on the boy's arm and on hia ear on the Sabbath morning after I took the boy home. The boy was in a fit state tq walk about if he had the liberty while I xvns at Mrs Wain's housa, ..".-"

To the Coroner: The little girl Mrs Wain spake about was 1G months old; she could not walk.

To a Juror: The boy walked slowly home with mi}.

The inquiry was then adjourned ti112,-o'clock p.m. on Xlonday next.