CHARGE OF KICKING A MAN TO DEATH.

Taranaki Herald, Volume XLII, Issue 9767, 27 July 1893, Page 2

CHARGE OF KICKING A MAN TO DEATH.

ACCUSED COMMITTED FOR TRIAL.

The City Coroner. Mr J. C. Wooro, J.P., has concluded at his Court, ChancoryBquaro, the inqueßt on the death ut Miller's point, Sydney, of a labourer named Thomas Pert. The nine men and youths who had beon arrested and charged with having beon concerned in causing the death of *oit were again brought before the Court. They were James McGuire, 27, labourer ; Henry Doohan, 19, steward ; Thomas Howell, 18, labourer ; David llowoll, 19, printer ; William Pearson, 18, compositor ,' ludolph van Kampen, 20, labourer ; Edward Rich, 26, seaman ; Thomas Roed, 20, drayman ; and Robert Melrosa, 22, vandiivor. The Coroner said ha had deemed it wise to review the ovideuco, as it had been givon disconnectedly during the bearing oE the case. Then, too, thoro had been several adjournments, and tho jury might have forgotten some of the ovidenco given at tho beginning. He then read a review of the evidence and emphasised the salient points of it. On reaching the summary of the medical testimony, he recapitulated the testimony given by the three doctors, and then asked the jury what thoy gathered from all the evidence. Did it not uppoar, be inquired, that a gang of larrkins known as the Miller's Point " push" (of which tho mon before tho Court had boon members), and notably Doolmn and Maguiro, had nursed their hatred against tho deceased until it had culminated in one of the most brutal crimes in the annals of tho colony ? Did it not appear that Doohan, with malice in his heart, and without provocation, picked a quarrel with the deceased and forced him to defend himself, and that then, when Doohan was getting the worst of it, a number of his companions, members of the " push," who had collected a short distance away, rushed on the defenceless man, and while he was retreating to his home so maltreated and illused him that he diod a few minutes after being carried to his house from the effects of the brutal v'olenco received at their hands. Things had come to a pretty p«bb when in a law* abiding city, a quiet, law-abiding man. as deceased was said to have beon, could not go from his door at 10 o'clock on Sunday morning, a day given to man for rest and peace, without being assaulted by a gang ot cowardly ruffians and killed wituin a few minutes. Although Dr. Jamicbon and Dr. Ronnie differed from Dr. Milford ab to the cause of death, they all agreed that tho deceased had received a futul injury which ho could not survive more than a few minutes, and that the injury had bren caused either by a kick, a fall, or a blow. The evidence pointed, he remarked, to Rich and Rood as the actual perpetrators of tho crime. It wus said that ono throw him down and the other kicked him on tho hoad, and it was in evidence that all the others with the exception of Muguiro were prosont aiding and abetting in one way or another. All persons present aiding and abetting were equally liable with persons who actually inflicted tho fatal injury. Therefore, if the jury believed that Rich and Reed inflicted the fatal injury, and that all the other* except Maguiro were prosent aiding and abetting, and participating in tho common desiro to do the deceased an injury, it would bo open for them to find a verdict ot wilful murder againßl all of them. It wat doubtful wbother Maguiro was present. Philantera certainly said ho was thoro, though tho boy Pearson, Martin Wright, and Silas Chapman said they did not see him tlure at all. Tho jury would romonibor that Maguire was tho man who threatened the deceased, and who on the previous Monday 1 night, in the presence of Robert Peit, said to Miss Craig, " We will lay him out as sure as his name is Tom Pert " If tho jury believed Maguiro consented to the cotnumsion of the act by his associates, " the talent," and that ho bad used the threat for tho pnrpim of doing the deceased some harm, it would bo competent for them to find that ho was an acci seory bel'oio tlio fact. He reminded them th»t the nine men in custody before the Court were not on their trial before the jury as to whether they were guilty or not, He trusted that the ca&o would have the effect of bringing about some legislation for the moro effectual suppression of the larrikin " pushes" now existing in the city, lo the terror and danger of many peaceful and defence less persons. There is little doubt that the root of thu evil was to be found in parents negligently al. owing their children to grow up in ignorance and vice, until at last the many headed monster known ob tho larrikin " push' had risen up in juJgmint against them in his most hideous form, necessitating tho interference of tho strong arm of tho law. There was usually considerable difficulty in obtaining evidence in cases of that nature, and he thought it only fair to say tint much credit is due to Mr Atwill and tho members of tho police force under him for tho prompt mannor in which thoy secured the ovidonco in the ca6o, much of which, but for their energetic action, might have been lost.

The jury, at a quarter to 11 o'clock, reI tired to considei their verdict Shortly after 2 p.m. they returned into court, and, iv reply to tho Coroner, said that somo niembere of tho jury desired to know whether auy fresh ovidenco could be ad« dnced in regard to tho lad Melro^s, and in cjrroboration of a witness who had deposed lo his presence at the time of tho assault. The difficulty of tho jury was in logard to Molrose, ar.d that was the only thing which prevented ihun arriving at a verdict. Tho Cororor intimulcd that they must make up their mind as to whether they bolieved the witness, whogavo the evidence concerning the youth. The jury then inquired whether it would bo oomiiolout for them to givo a verdict against some of the accused nnd to disagree about one or more of tho others, to which question tho Coroner made ans<ver Unit he thought not After further explanation by the Coroner that tho proceedings in that court did not constitute a trial but were merely an iDquiry, the jury again retiiod. At 235 p in. they returned into Court, their verdict being that Reed, Rich, Doolmn, Pearson, David He-well, Thomas Htwell, Van Kampen, and MelroFs, on the 25th June, in Mooro'e-road, did unlawfully and foloniouely violently assault and boat and otherwise illime Thomas Pert, and that from the effects of tho assault, I eatings, and ill usage, he died. They further found that Reed, Rich. Doolmn, Pearson, David Howell, Thomas Howell, Van Kampon, and Melroes, the said Thomas Pert feloniously and wilfully did kill ,uid murder, and tdul J nines Maguiio wus an accessory before the fact. Tho Coronor then committed the nine men and youths to take tboir tiial at the sittings of the Central Ciiminal Court, to be begun on July 24th.

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