SHOCKING CASE OF MURDER BY STABBING.

Colonist, Volume VII, Issue 675, 15 April 1864, Page 3

SHOCKING CASE OF MURDER BY STABBING.

A serious and fatal case of stabbing occurred in Nelson last night. The victim wa3 a sailor on board the mail steamer Auckland, named William Birkett, aged 28, and belonging, wo believe to Sydney, but a native of Ireland.

The man who committed the deed is named Francis Lock. He was second cook on board the Aucklaud, and a native of New Brunswick. The unfortunate man whom lie stabbed in the abdomen was conveyed to the hospital, and died in about five hours afterwards, after severe suffering. He had several fits of vomiting and retching, caused by the condition of his intestines, which prevented his retaining on his stomach any of the opiates and stimulants which were administered. Between two and three feet of the intestines had fallen through the wound and been exposed to the air. This retching it is believed also caused internal hemorrhage.

THE INQTTEST,

An inquest was held on the body on Wednesday, before Mr. Connell, the Coroner, and the undemamed geutlemen, who officiated as jurors :—Messrs. J. P. Black (foreman), T. Miluer, N.-T. Lockhart, T. Usher, G.Richardson, J.Webb, C King, J.Paul, J. Thornton, E. Murrell, T. Snow, T. Watt, and R. Carter. After swearing in the jurymen, The Coroner addressed them, saying that he could not of course state as absolute facts all that he had heard of this case from various quarters ; but from that which he had learned, there could iv his opinion bo no possibility of the jury arriving at a verdict of accidental death, or even one of justifiable homicide; the verdict, he believed, must be either murder or manslaughter. Murder always implied malice. The law of England described malice in each case, not to mean special malice directed against the party killed. That might be in it; but not necessarily so according to the legal meaning of the term. It was malice directed against the Queen's peace, and in the legal interpretation meant evil mindedness. If a man commits an unlawful act, and murder happens, malice is by the law implied and muivier is the fruit. :-ome evidence would no doubt be led to show that there had been previous quarrelling between the deceased and the person charged with committing the deed; but this would not be sufficient to warrant a finding of manslaughter. The killing of any of Her Majesty's subjects is prima facie murder. The absence of malice, as already interpreted, would make the kilting to bo the crime of manslaughter. It was necessary to bear this in mind.

The prisoner was brought in in order that he might hear the proceedings. His face was much bruised about the right eye, and marks of blood were strongly visible over the whole countenance. The men of the ship, who had taken him on board after the stabbing had occurred, had been so incensed with him that several of them had inflicted a certain summary punishment upon him. The blood and marks on his face were produced in this way, and had remained unwashed all night. The jury having viewed the body, the following evidence was led.

Henry Pearce, sworn, Baid : I am a seaman, belonging to the steamship Auckland. I knew the deceased Wm.Btrkett, who was a fireman on board the steamer. The dead body I have just seen is the body of Birkett. I last saw deceased in health about half-past seven last night. Ho and I were walking together, I having met him while we were both out. We were on the Haven Road at the time near the lime kiln. We went together about 200 yards from the place up towards the town. We then turned back to go on board again. As we were going back to the ship -wo met the prisoner and the chief cook beside the lime kiln, and just beside the wharf (Drewitt's Now Wharf.) Deceased stopped Frank, the prisoner, and said to him " I have a few words to say to you." Prisoner said " I want nothing to do with you," and ho shoved deceased from him at the timo. Deceased then said, " I -want to settle that little growl wo had on board the ship." They had a few words some days before. Deceased then went up to prisoner a second time, and the prisoner stepped back and then struck him in the belly. Deceased did not strike prisoner. There were no blows exchanged or given, except the shove. I do not know whether he intended to strike, but no blows were struck. After prisoner had stepped back, ho immediately ran up to deceased and struck him in the belly. I saw this very distinctly. Prisoner did not say a word at the time he struck him. Deceased did not fall at the moment, but he immediately cried out, " Oh! -oh-f-the knife." I ran forward when I saw him staggering like a drunken man, and saved him from fulling. When he called out, I said to prisoner, " You've stabbed the man." Two other persons came up, and one of them said, "If he has stabbed the man, don't let him escape." There was no blow struck between the parties, except that which inflicted tho stab. I laid deceased down on the road, as ho wished to bo laid down, because ho said he was not fit to walk. He said his " guts were hanging out." I endeavored to push them in again. I met another fireman, and we carried deceased into a store on tho Haven-road. He fainted when -we got him in there. His bowels were pi-otruding at tho time. His dress was a flannel singlet (a thin blue shirt). The wound was'above the trowsers and the bowels were protruding through the singlet. A man then went for the doctor. The engineer came up from tho ship to the store, which I then left and proceeded on board tho ship along with two other men who were taking tho prisoner on board. The prisoner's face was not bloody or disfigured in any way at the time of the occurrence I have just described. Deceased waa perfectly sober when the occurrenco took place. I could notsay whether the prisoner was under the influence of liquor for I never passed a word with him. Prisoner on being asked if lie wished to question tho witness said the two men, deceased and witness, wero waiting for him on the road, and that deceased had stated so at tho time.

The Coroner then questioned the witness, who repeated that nothing more was said than he had stated. By a juror : Neither deceased nor I spoke anything about the prisoner on that evening.

James Wnugh: lam a fireman on board tho Auckland ; I have known deceased since wo left Sydney ; since lie belonged to the ship ; and deceased was a fireman on board. [Identifies body.] I first came ashore last night about 7 o'clock. I was walking alongside tho ship on tho wharf, and the two cooks came ashoro and went on board the Airedale and remained there about twenty minutes or half an hour ; after that I saw them pass tho end of the wharf and go up tho road towards town. I walked slowly up after them. At the turn of the road I saw three men, the two cooks and the deceased, standing together. I only remember three men ; there might have been four, but Ido not quite recollect. They were standing on the road opposito the little jetty, near a lime kiln. I thought they were talking together until I saw the blow struck. When about seven yards from them I saw the second cook draw back his hand, and give a blow like this (making the gesture of a forward and upward blow), and- deceased immediately called out three or four times " Oh, the knife, tho knife!" Prisoner's arm was extended at full length, and I saw tho blow struck with its full swing. I went across the road to deceased, and asked " What's Uiq matter Bill?" and Uo said, "Ob, my guta are

coming out," these were his exact words. By that time two strange men came up, and one of them said to mo Don t lot the man go if lie has stabbed the man ; follow him up and I'll look after the other one." I did not see Henry Pearce there. He mi^ht have beeu there standing on one side but I did not see him. I then followed the second cook who was then by himself walking up the road. Tho chief cook disappeared and I did not see him again. The chief cook was standing by when the blow was struck. As I was following the second cook up I saw him throw the knife away and heard it fall. That wa3 the way I got the knife. I heard the knife sound among the stones on the beach. It was thrown off the road and fell on tho gravel. I still followed prisoner, and did not take the knife up at the t;me but took amarkbyahouse withafla<rstaffonit opposite tho place and about 100 yards from the spoi where I saw the blow struck. I walked sharp up to the prisoner, and secured him. I asked him " what he thought of himself for doing what he had done, to stab a man with a knife." Ho answered, " I could not help it, as tho man struck at me. I told him to go away and ho would not, and struck at me." I said, ««If he did strike at yoxi, that was no call for you to strike at him with a knife." I told him he would get his neck stretched for that. He then said lie would go on board again. I said it was no usehis going onboard again dshe wouldhave to come back. He said "I don't want to run away, man,"and I replied that I would take good care of that. He then stopped and turned round again, and went down to go the ship. We met the crew who took him into custody, and some of them pulled him, and I think some of them struck him, and the men took him on board. The second engineer and I, with one fireman and some others along with me, got a candle, and went to the place to search for the knife, which I found on the gravel. It was a largo sized sheath knife. There was a stain of blood on the blade of tho knife. I cannot say that it was the same knife that the prisoner kills the sheep with. As soon as I found the knife I called out, and they all came towards me, and I gave it to the second engineer, whose name is Thomas John Rose. [Poiice-officer produced the knife, which ho stated he received from Mr. Rose, and witness identified it as the knife he picked up on the beach.] L

By a Juror: When prisoner was taken into custody by the crew, ho had not those marks on his face. Re-examined : When the blow was struck by priBoner, I saw no other blow given by either party, either at the time or before. The stain of blood on the kuife was a fresh stain, and it was not dried. Dr. S. A. Cusack, one of the surgeons of Nelson Hospital, deposed: Deceased was brought to the Hospital last night about half-past 8 o'clock. He had a penetrating wound in his abdomen, long enough to admit three fingers. It was a clean cut made with a sharp, and probably a blunt-ended, knife, as the intestines were not wounded. About 2£ feet of the iutestines protruded from the wound. He was in state of complete collapse. Ho vomited, and there was no smell of spirits about him. Dr. Thebing and I restored the intestines and sewed up the wound, and gave directions as to the treatment, but deceased never rallied from the collapse, and died in the course of the night. The immediate cause of his death was collapse, brought on by the shock to his system, produced by the wound he had received. I had very little expectation of his recovery when I left him. (Knife shown). The wound was very likely to have been made by this knife. We left about half-past nine o'clock. I was not present at the time of his death.

ISy tlin Foreman: Was there a possibility of his recovery ?

Witness: Yes. I have known men to recover from stabs in the abdomen.

B> tno foreman : Why was medical attendance not provided wlien a man was so dangerously ill, and while there yet was a possibility of his recovery? Witness: The usual remedies were provided, and tho proper treatment ordered to be applied. Hy the foreman: 1 think it is improper that in such cases there should be no medical attendance in the public hospital to look after patients and take advantage of any good symptom. Witness: His case required no further attendance on the part of the medical officers If Mr. Black puts that forward as his opinion, I as a medical man give my opinion directly opposite. For a surgeon could be of no further use after the wound was dressed as it was. Had the man lived a surgeon would be required to drees his wound next morning. But all that could be done was to apply stimulants. Dr. Thebing and I consulted together on this point, and agreed that nothing could be done beyond this ; and some wine and water was ordered to be administered.

The Foreman expressed himself satisfied with this reply, and said that the bringing out of this evidence would satisfy tho public that there was no neglect ou the part of the oflicers of the hospital. ° The Coroner thought that this was very proper to bo noticed in case it should be supposed, although he had heard nothing of the kind, that there was any neglect.

Thomas John Rose, second Engineer on board the Auckland, corroborated the evidence of the witness Waugh regarding the finding of the knife, which the witness identified as the one received by him from Waugh, and delivered up by witness to the police authorities.

Joseph Bradcock, constable, swore that the knife produced was the one he received from the previous witness.

J. M'Haffie, chief cook : About seven o'clock the secoud cook and I went on board the Airedale, and left her about a quarter past seven and walked up towards the town. Just after passing tho Custom House On the road coming to town we met the deceased. Some others mustered when tho row commenced, but ho was then alone standing on the road, and he told tho second cook that there was some little grievance between them which he wanted to settle. Tho second cook told him that ho did not want to have anything to do with him, and I tried to make peace between the two and told them to settle it at another season and on board tho ship. Deceased said no and that he was determined to have it out then. I told them if they were going to fi«ht or have any row I should go to the ship and bring up some of the officers. On leaving to go to the ship for that purposo I heard a blow struck, but did not see it, and immediately after I looked about and heard the deceased cry out "Oh, I'm stabbed," and saw him holding his hand on his belly. Those were the words, "Oh, I'm stabbed." I did not hear him say anything of a knife. I then went down to the ship and brought the crew. I saw no blow struck by either party, but only heard a blow. I did not see Henry Pearce at the time, but there were men at the other side of tho road, but I could not distinguish who they were in tho dark. Pearce might have been amongst them. (Shown the knife.) That is the second cook's knife; ho generally works with it on board the ship ; I know it from its general appearance and not by any special mark.

By a Juror: When I heard the blow struck I was about four yards distant from tlio party. As we walked up the street, prisoner and I had no conversation with deceased before wo met him. He said he was going up streets. Prisoner and deceased had a fall out, while wo were at sea, about ten days a<*o, as near as I can remember. The deceased came to the galley and wanted to make toast, a thing which is not allowed. I told him it was not allowed. It is against our regulations to allow any of the crew or firemen m the galley. When he could not get in, he threw his bread on the hot plate inside, and the second cook lifted it and threw it out again. Deceased then rushed into the galley and dragged the second conk out on the oilier aidb, struck him and knocked Mm down, and kicked him while he was down, and also struck him on the mouth. At that moment the ship's officers, first, second and third, came and separated them. He went forward threatening that he would have it out with second cook at the first opportunity, using at the same time a vulgar expression. This language and threat ho applied to the prisoner. I heard no more of the quarrel until last night. I never heard the prisoner threaten the deceased. Prisoner is usiuilv very peaceable, and has always worked very quietly with me

Henry Peareo was recalled—He said he was distant from deceased less than two yards at the time the prisoner struck the blow. There were four of us at the time ; the chief cook was one of the four, but I did not recognise him at the first, it was bo dark ; I did not recognise him until after the blow was struck. I did not speak to the chiof cook, neither did he to mo. After the blow was struck I turned round and said to the prisoner " You've stabbed the man," and I then recognised the chief cook as I turned round.

The Jury were then enclosed to consider their yerdjet, and after a lapso of about half-au-hour the Coroner was called, and it was stated that the Jurors desired further evidence as to the arrest of the prisoner, and, the treatment to the deceased iv the

hospital. The following witnesses were then examined :—

Edwin Edwards, Sergeant of Police: I assisted in arresting the prisoner, and took him to the lockup. He gave his name as Francis Lock, and said he belonged to New Brunswick.

James Barton, Hospital Attendant, affirmed as follows : Deceased was brought to the Hospital last night about half-past 8 o'clock. Drs. Cusack and Thebing attended on him, and remained with him about an hour, and leaving directions with me as to the treatment of the deceased. He was not in a state of great prostration at first, but was able to speak. The Coroner : Did he rally at all ? Witness: No, he had spasmodic attacks and vomiting, which greatly weakened him, and he gradually grew worse, and died at two o'clock this morning. I applied the treatment according to the directions of the surgeons.

The Coroner said there was no further evidence necessary to enable the jury to come to a conclusion. The question resolved itself into one of murder or manslaughter. It was plain on the evidence that the fatal blow was struck under such circumstances as could not in his opinion reduce it to the lesser ehr.rge. There was no blow struck, except the fatal blow by the prisoner, and there was no justification for each an act, nor any provocation. Some time was occupied by a desultory conversation among the'jurors respecting the question of "malice aforethought" which the Coroner had stated would form part of the formal inquisition which it would be his duty, according to law, to draw up on receiving a verdict of wilful murder, and upon which he would grant a warrant for the prisoner's committal to gaol, borne of the Jurors were of opinion that though they were unanimous on the finding of murder, they were opposed to the insertion of such a phrase as " malice aforethought" being inserted in the Coroner's inquisition. The Coroner explained that the jury had nothing whatever to do with the formal inquisition. The drawing up of that document and the warrant of committal was his exclusive duty to perform, according to a legally prescribed form. The jury had merely to return their verdict, and that being done their duty euded. The interpretation of the law was as he had given it, and with that the jury had nothing to do beyond finding a verdict in accordance therewith and with the evidence.

The Jury then gave a verdict of " Wilful Murder" against the prisoner.

Yesterday Lock was committed to prison on the Coroner's warrant, and he will be tried at the sitting of the Supreme Court next month.