THE BALEFOUR TRAGEDY.

Otago Daily Times, Issue 10421, 25 July 1895, Page 3

THE BALEFOUR TRAGEDY.

THE CORONER-S INQUEST,

{PfiOii Oub Own CosnssrotJnßOT,)

Rivebsdale,' Jnly 2i,

An inquest on the body of Hngh Stewart, who waa shot by John Keown, a farmornear Balfour, on last Saturday afternoon, when executing, a distress warrant, was held at Riversdale to-day, before Mr R. S. Hawkins, coroner for; the' district, and a jury of six, cf whom Mr Joseph Smaill was chosen foreman.

Inspector Pardy conducted the inquiry, and Mr Hanau (for Mr A. C. Hanlon) appeared for the accused.

Drs Bauchop (oE Lum-iden) and Donaldson (of Gore) are now holding a post mortem examination. " ■■,■-,"-....

Andrew Middlemiss, bailiff to the Magistrate's Court at Sore, deposed : I know John Keown, who has a (arm near Balfour. I received the warrant produced to seize goods on his property on the 9;ti July. I went to Keown's on the llth July to execute it. I took the deceased with me as a<sis'ant. We arrived about A o'clock in the afternoon. We went'to the house and saw Mrs Keown, and she told me Keown was over the river cutting chaff. I weut to the s.-able and saw Keown, and said, "I thought you were across the river." He said, "No; I have been unwell, and could not go." I said,.'! The missus, theu told a lie ■',vvhen' she told me you were ' away." J tli«n said,""Well, what are going to do in thia case? I suppose.you know what I am' here for." He replied, "Yes "I said. "This is a distress made by Reid and Gray *";;' to which he replied that the J. G. Ward Company had a bill of sale over everything on.the place. I said I was informed such was not the case, and that I was.going to remove the horses. He said nothing should go. off the place. I said, "Well, if you will not let iiie .remove anything I shall have to leave this mau '..(meaning-' Stewart) in charge " He said,."There is no place where he could sleep here"; but ultimately it was agreed he should sleep in the stnb'e loft. I gave deceased the warrant and took eh- tgo of 10 horses 'in a paddock hehihd the'stible, and then left. ; The following Thursday, the 18th Julj',' I "saw "Keowii in Gore. The deceased also returned to■';■ Gore: that day; aad said Keown had como to Gore with him to settle the claim.: I consulted a solicitor and told deceased: to go back to KeowuV at once. The next day I met deceased goiug back and' said, "Yoii ought'to have gone, back last night." I took him to asale that day'wisii me, and.-about 12 o'clorkthfit night deceased aud I started L 4o'Keown's. target his hpise*, asthey were advertised for sale at Riversdale on the following, Saturday. ,1 have no idea what time it was when we arrived, but it was before day- fr light. I; remained on. my horse..; Stewart got off his and put it in the stable: and brought out three of Keuwn's horses. * I noticed * light in the .accused.'s house, and iwhen I told: the deceased this he came oiife and' got on his horse and rode away, and. I" rode after, him without taking any of Keown's horet-s with'us. I ,'saw Keown qpen his door and come out with a gun in his ( hand. He did not speak while we were galloping .away.. 1,, heard the gun go off, and , something whiz past me like, shot. .Some icne' followed ",/us on borstbick, and rode; past us: and turned luck one of the. horee's which had come out of Keown'a stsble and was loose •in front of us. Thcugh he pissed us I dohdt know who,it was. We were both s&ber.atthis time. There was another, person oil hprsejj.ick rode'by us, and returned- without speaking. Deceased and I then rode, to RiverVda'e. ",I left Stewart there and went to ;Gore, by the train, and there laid an information against Keown for shooting at us. The information I subsequently withdrew, on the advice of: my solir citor, and.returned to Riversdals by train, and there joined Stewart, '"* and we proceeded again to Keown's, expecting v?e would'meet Con3tablQ McKenzie, of Lumsden; there:. We did not meet : him', and,-thinking he was at Keown's, we went toward? the house; This, was abont five minutes ,to 5. We procecded'dpwii thie lime towards the house, which is about "14 chains' from the road. When about, half-way we saw 'K<i6wh coining towards us with Ji' gnu in hishahd.: Stewart was in .Front of iiie."; When we.were* withid'about 9yds of Keowhhegnt.up his gun and; said, "Standi" and we.bolh polled up: ; He -j then said, " I will have one of joii; I can't get both." He pointed the gun infronto'f one and then the other. ""He was first pulliog the trigger to shoot mo, when deceased said, "Don't do that, Jack; don't "do that; have some sfehss;" He thenturned and fired a? Stewart, and I saw Stewart put his hand to. the side of his face and cry " Oh !" as he.leant forward and fell ont of the ■ saddle on the broad of his back, and the horse went back to the stable. The ground where deceased fellwas; very soft. My horse reared and wheeled round and galloped away at the sound, of the shot, I looked round about me a minute' afterwards over my shoulder, and Saw ;.Keown wafkup' to deceased and look at bite." He then- followed me up, as I was galloping away; calling out, " Come back, you . fkthead, and I will square you out ,too."! I looked in another direction and sawa plou'ghmsn" leave his team and run towards Keowri. I saw-another man galloping on a horse from another field to Keown's house. I saw; he passed Keown and deceased, and heard Keown say tq him. 'VFetchhim back and I will square him but!" . When I got to the -turn of the road I looked back again, and saw the man on horseback was chasing me; but my 'iiorse was too fast for him, and he did riot'eatch •;. lhe. I came on to Riversdale. I was afraid" to go- to ;Ealfour, fearing the* man on horseback would intercept me on the, rpad there. ,The last time'l looked back I could see Stewart lying' : whire he had first fallen. • ■■_ To. a Jnror : Keown appeared sober at the time. -Deceased had a scratch on his nose before ho was shot at by Keown.

John Hornsey deposed: I' am a labourer in. ihe employ of accused. I knew the deceased, liaving seen him as bailiff on Keown's farm. He came there ou, the 12th of July and left ,6u the 18th. ,1 -next saw : him ,on the 19th at the Riveivdale ploughing match/ On Saturday, the 20th, I sgiiu saw him at' Keown's farm. I was discharged by Kiiown that day. I saw Stewart aud Middlemiss coming towards-Keown's house about 5 o'clock in the: afternoon.l was standing bythe house. Keown did not see them coming until I told him of it;' He ssid. "Let them come"; nothing more, and I walked away, and next saw him in the house. He asked me for: the gun. I said, " I suppose it is in the dairy," and he went and got ic. He asked me where the caps * were, and I went and pot them and other ammunition for him. They \?ere all in the" bag, as now produced, which contained two powder flasks, shot, and caps. I took the caps cut of tbe b»g and gave them to him.' He took' oiie out of the box aucLput it ou the nipple of the gpn, Ha theu went put in the direction tfie' ineu. were coining from. They were then about halfway between the road aud the house.' I heard, him say; "I intend to shoot you." I knew who they were. I did not know whether the gun was loaded or not. I stood at the end. of the houae, and from where I was could \see them clearly. I saw Keowii point thegun at Stewart and Ure at him. The deceased fell on the horse's neck, bnt'l did not hear him say anything. I was about 25yds "*way when thi3 happened. He did not fall off the horse, and Keown walked up and pulled him off, and strnck him with the butt end'of tiae gun about-four times while deceased was lying on the ground. I' think he struck hi ra about twice on the heid and twice on the ribs and once on the shoulder and thigh. At. the Ust blow the stock of the gun broke aw»v from the^barrel. , \ called out, "For God's sake dotiVhithim again, Jack, or you will, murder bim." He then came away and left him and returned to the house. I then went to the field ■"here-the men were ploughing, and told them wha„ had happemd. As--soon as the shot was bred Miodlemis;i cleared, and as far as I conld see he never looked back to see what had happened. M'Lean came froni the field with me, and we removed Stewart out of the mud to a--clean, dry place. He'was at this time unconscious. Smith, who also came from the tield.wbere the ploughs were at work, went to tne stable and got some bags to cover Stewart. While this was" taking pkes Keowo wss walking about tbe yard telking to himself, and* was greatly saying deceased was a rotten ■ Orangeman, but they would not own had taken it to the house. Mrs Keown was at this _t,me feedmg the pigs, and did not know T,&"£ OTt "Sat.'had. happened until I told her Alter deceased had lain where we p!ace . d him on fa _ g for. about 20 inmates, Harry- Smith, George Wmdus, and Alexander M-Lean assisted me to remove him to a lean-to adjoining the barn. Ye put some straw and blankets under him and «?ine bags over him. Keown did not ask us so do this but this was done at the suggestion of Mw Keown. After this we all had tfa together Keown included, bnt no reference was made to Stewart, nor did Keown go to see him anytime after or mention hi ß name to any of us. No one sent for a doctor. After tea I v*ent to see Stewart again, and saw him on and off until the police came. Up to that time he never was able to "speak sensibly, but couid make im understand he wanted a dtink, and we gave him some water. He drank some of it When the police came we left Stewart witli them.

To a Juror: Ksown has been drinkinp of late. I did not hear a report of s. w na ear j y that morning. I should not say Keown was sober when I gave him the cipsand ammunition I believe he drank a bottle of whisky that day' for he sent for one that morning, and 1 saw th» bottle empty next morning. I know he got a demijohn cf whisky not lung ago f rom towu and the four following days was so drauk he could not leave the honse. His wife did her best to keep the drink away from him. To the Coroner .- The reason why I went and told him the bailiffs were coming was because

Stewart when he had left bsfore told me they were going to return.

To a Juror: If » man on horseback had followed BliddkiniPs, fiom the position I occupied I sbould have seeu him.

lo Uie Coroner :, The reason I gave the capo arid ammunition to Keown was because, being Inspired sorvant, I considered it was my- duty to no bo.

Henry Smith, gardener, in the employ of accused, remembered Middiemis? and Stewart coming to hia plivce about 5 o'clock last Satur- ' day. He said: I saw R-own go to meet him with a gun in hits hand. I was too far away to hear what he said, Isaw bim fire the gun atone ■ °M W7 baK l WM to°' f»' aw»y tb say whlph*.1 After the shot I s aw Stewarfc fall forward on his hone I saw Stewart's horse slue round, and I saw Keown goin.* towards where Stewart I tell. When I reached the spot Stewart was on : the ground, face upwards. I saw Keown strike Stewart once with the guh. He might have s,.rucn him oftener without me seein>» it I noticedStewarfc was bleeding from the face, and j that the stock of the gun was broken from the • barrels. : ,Middlemiss galloped away , directly ! the shot was tired. George Windus, on horseback, rode after him—for whit reason Ido not know When I came up to the spot Keown walked away to the house. I was so excited myself ■at the, time I cannot distinctly, remember what accused said. I only remember he wan swearing, and said something about whirky and being an Orangeman. We removed deceased from the mud on to the grass; aad put some sacks under his' head*. I should say it was about half an hour afterwards that we shifted him into the lean-to and msda him as comfortable as we conld. Keown had tea with us tbat evening, but no remarks were made about Steiwart. '■'After tea I saw Stewart again; He waspartly conscious then, and said t> me his leg waa hurfy and asked me to get bim a drink of water. I saw no attempt made to prevent Keown from shooting Stewart.

To a, Juror: Keown has been drinking of late very heavily.- He could not have been sober, I should say, for he had, to my knowledge, drunk a.little whisky that day; 1 did not hear any gunshot that morning. -No one was sent, for a doctor, because we thought; Middlemies would send one. .

, Giorge Windus, farm labourer, in the employ of accused; deposed: I reuifmbir -last Saturday. I was ploughing oh"':Keow'nV farm abimt 500 yds away from tbe house. About 5 o'clock I heard a gunshot fired near the house: I had a hack where I was working and I rode down aud saw Keown in the paddock near the house. I saw a man riding away on; horseback, and Keown told me to ride after bim and bring him back,' bntaf ter,riding,abbutajmile and a-half and not catching him, 1 turned backhand found Keowuyin the house, and Stewart lying ou tho ground with bags over him. I, did not stop to look at him then. After'this four of us shifted Stewart.into a shed and put straw bags and blankets under and over him. - After this we all had tea together—Keown included,—but iid referauce was, made to Stewart. I» heard a gunshot flred- some time before daylight bu Friday morning. I got up land saw Keown .standing at the door with a gun in his hand. ;;Ht) asked me if there ;tfas a hai k about, and I said the .horses were oxxt. He told me to go,and fetch them -back.".. I found oiie and brought it*, hack. ...1 saw ■ two men on horseback, but I did! not speak to them. It, was dark,, but I suppose the men were Middltmiss and Stewart; ;■■• *'*''"' ;'-'■'

Alexander' M'Lean, firm labourer in the emp'oy of accused, was ploughing on' Saturday last in the same field astho last witness. About 's_b'clock he heard somebody singing out, bub he did hot;hear a shoe fired. He looked towards the ho^se and saw deceased fall forward on his hbrao and Middleniiss; gallop•: away.; ' Keowii ,was walking* about with his coat off near Stewart. Witness walked slowly to the, spot, and on. his way met Hornseyahd Smith.; They went to where deceased' was, lying and moved him to the side of the road. - Witness .'noticed some clots of blocd, on hi? head,; When witness, was carrying bags to' Stewart Keown told him noli; to interfere or^ he '.'''would'- get into trouhle. About half; an htiilr after this they shifted Stewart into the Bheil; '

. - Constable Herlihy, stationed at' Waikaia; de- -! posed i;' luobnseq'uence-.oF.a telegram receiveel last Saturday night,,-.l,proceeded to. Riversdale where I met Sergeant Fleming and Constable FcrguS3bn. We proceeded together to Keown's farm,;iiud rcsehed there at 10; minutes to 1. We mef Hornse? ahd Smith, two of Keowu'a men, who toldus-St-Jwait waasttllalive. : Previous to.this we thought.he;-was'.'dead. We went to the lesn-to .where he was lying oii straw and a horsccover, with 6ome; sacks over him: He was groaning at the time, and appeared^tobs in "great pain. I then went into the honsa and took a candle, which was buining b'uthe kitchen table, and went i'rito another room where "Keown was lying in bed. I told him'who I: was. arid eaid ,'J'I have Cdmo-to arrest you for shooting Hugh Stewart with intent to kill;'? ;Keownj]frepl:ed.'::-V Yes, 1 had .' shotw;s.t '::'ihe7:7?r--r±ty .-'rt; suppose I." have*, made a fool-rbf myself;,: I haye .done ;a foolish thing;, but cannot help, it hbv^.'' I; said, I'tYo.u, will have to come withnie." He said,. "No ; I: aiiq not \leaving here before morning. I will go with you-, in the. mornitig." , I said, " Come, 'get up at once." Then Constable FergusWcaihe into* the rooci, and soon-afterwards Constable M'Kenziei from Lumsden arrived. Sf-rgeant Fleming .then •c&me". in., - Constable MsKenzle had a warrant which ho had brought .with .him, and he ; tKen read ; the . warrant to. Keo«n and formally arrested'"him. I then -"left, the "prisoner in '•'?^ttrßP'.:,Pf Constable M'lfenzie. - 'After his arrest j6.be other constables and'l-moved SieVviirt from the'shed'intp the bed in' which Keown iiad beenlying;. JWe gave-him a driiik of milk; and warm water, after which he .seemed more,at. ease. : Eesseined to be conscious at this time. /

Constable ;M'Kerizie,: of;.,Lumsden, :;said: Last '-'Saturday ; evening, ■•frCm information received from the suard of; tho Gore-Lumsden train, I .went to Keown's farm,-near Balfour, and there rnetthe ofcher. members of the force. Sergeaut; Plemiug aiid' I.v/ent to' look at the deceased, who wns lyiqg id a Shed covered up with bags. I'didhot thinlc he was^ conscious. s We than' went into the house: T had a warrant with me, which ITeadvto' Keown. .Afterwards ■ I took the accused to: Lumsden, and thence on Monday morning- to Invercargill. I got the gun produced froth Sergpant, Fleming, it was in thesame state then as now.'. I spoke to Stewart, and he - was.semi;Consci'oUs only. .Keosn, while : in my charge,: Xspok.e several times of what he had done, and said if they (Middlemisa and Stewart) had gone back when he had told them, he would not have stirred As soon as I had lodged Keown in the lockup I went to Dr Bauchop's, and asked him.to go and see Stewart. :.'.'.*:

John Flecomg,' sergeantof polico stationed'at trore, conbimed the previous police evideuce, and said lie meS Dr Bauchop at Balfour, and with his approval had'Stewart removed next", day (Sunday) to Riversdale.- Stewarfc was partially conscious , after .they removed bim into Keown's house,, but witness did not think he was fit to mnks any denoiitioris. He produced the. trigger, guard aa" found by William Trembath where Stewart fell after receiving the shot wound. ""■ .'.-.,' - '-■

- Williani Trembath,' who drove- the police trom Gore, gave evidence,with reference to picking up tne trigger gu«d; on Sunday morning near the.sjiot whero Stewart wjm shot ■ _ Dr Doualdsou, of Gore, deposed : f knew the deceased,- and saw bim on Sunday la« at Keown a. "..They were-just about to remove him to Riversjdale. 1 spoke "to", him, and he. recwnitfid mo, Aft ? r consulting with Dr Bauchoo and administering a sedative he was removed to Gee's, hotel, Riversd&le, and put to b«d Shortly .after this be became partly conscious He appeared to be in great pain, ond I administered an injection of morphia from t'ltioto time during the' night,-; arid '* the 'unconscionsne^s deepened with slight inWvpls of consciousness. I remained ia attendance on-him until 12 o'clock on ■ Moaday, and returned again at 8.30 that evening. When I arrived 1 was informed he had jusS died I have this afternoon, wish Dr Baachop m-ido a post mortem examination of the body. It was that of a strong man, fairly well nourished. There was a slight braise over tho left hip joint, a contused wound 2in long over the forehead on the left side, and the scalp vrss detached froia the bone for a Rpace of about -2tn: 'squ'»re'o!J*'the iefo side of this wound. The two left eyelids 'were bruised and blackened . and on the left upper eyelid was a Circular hole such as might be made by No. 2or No. S shot. A similar opening was found on the left side of the neok, immediately below the angle oi the jaw. A probe parsed only half an inch into this wound. There was a contused wound over the lower jaw on . the left side shaped like a Latin era's, 2in in the' ioug limb and an inch and three-eighths in tba short limb. Tbis wound communicated with the fracture extending entirely through the jawbone. The internal 'organs were healthy.? • Tha hand found some recent effuuiou of bleod under the sculp over tbe lower part of the left parietal vein. COhe substance of the brain was healthy. There wai some recent congestion of the inner.surface of the left frontal lobe. On examining this part of the bruin wa fonnd a small hard substance, apparently flattened shot, lying slightly embedded in the surface of the braiu.- This substance was found in a track corresponding to the direction of the circular wound on the upper eyelid, and must,have travelled along the oibiV and lodged, where we found it. We think the causa ut" death* was due to shock to the system. I imagine the' fracture of the jaw must bava been caused by being struck with this butt of the gun,' also the wouud over the fcirebead. There was nctbing ou t'ae surface of the body or internally to indicate he had been struck on the body itself. Violent shaking sccompsuiied by the blows would in a very great measure account for the shock to the system which was tha cause of death. I thiuk the wounds were sufficient to ciuse death, but from the general symptom I should not hava expected death to have resulted so quickly. I should think tbe exposure he experienced wonld accelerate death. I can account for death in

no other way thau as the result of the injuries Im it tbis time received;

To a Juror : If medicsl aid had been called soomr it might hava prolonged life a day or two, bub I think the ultimate issue would hive bean the came. I think the shot and subsequent woueds were the cause of death. Tho single shot produced is tho only one wo could find, which I think would be sufficient to cause him to fall from his horsa.

Dr Bauchop, of Lumsden, deposed having attended Stewart between 1 and 2 o'clock on Sunday morning. He was then conscious He found the wonnds as described byDr Donaldson. Stawart complained of intense pain about the right hip joint and side. Wituess examined the limb carefully, and found no fracture or brui«e Ihere. He gave Stewart a sedative shortly after this, ond remained with him uutil he left for Riversdale on Sunday afternoon. Wituess approved of hi* fceiog removed to Rivarsda'te, and agreed with the evidence as a whole given by Dr Donaldson, and as to the cause of dea f,h. Stewart was conscious when witness saw bim, but because of his broken jaw it was very difficult for him to speak. Witness thought if medical aid had been culled in sooner it would not have made much mate difference.

After the Coronerlut'i reviewed the evidence and pointed out the law relating to murder as set out in the Criminal Code, the jury retired at 7.45 and returned after an absence of half-an-hour with the following verdict and rider:— "The jury are unanimously of opinion, after hearing the medical testimony and the evidence of the other witufcssesj that the late Hugh Stewart died from the shock caused by the gunshot fired by John Keown acd from the blows subsequently inflicted by the said John Keown. Thejury are also unanimously of opinion that tbe injuries to the late Hugh S"ewart wbich caused his death" were wilfully iutlicted by the said John Known." The jury added as -a, rider "that the witness John Horusey ia very much to blame for tailing Keown wriere the gun was and for supplying him with caps." , The Coroner remarked that he did not think they could have come to aoy other conclusion, and that this was virtually a verdict amounting to murder, and with it and the rider he entirely concurred. Ho considered Hornsey had gone very near to participation. The magisterial inquiry will be held at Gore on Tuesday uext. ■-."-.'