The Drowning Case.

Thames Star, Volume VII, Issue 1996, 28 May 1875, Page 2

The Drowning Case.

INQUEST YEStEEJDAY.

An inquest was held on the remains of Andrew Peterson, found drowned^yesterday evening; in the Court House, Shorthand, at five o'clock, before ,J. E. Macdonald, Esq., Coroner.

The following were empannelled as a jury:—Neil McLeod (Foreman), George O'Halloran, Fathnniel Brand, Frederick Cassin, Elijah Targett, John William Hewson, Wm. Power, Francis : Amey, XennethJJrown, W. Culpit,, John Way, Jas. Gerrish.

The Coroner addressed the jury in the usual manner, as to what it was their duty to determine with respect to the manner in which the deceased had met ts Ith his death.

Mr Brassey appeared to watch the proceedings on behalf of Messrs Coombes and Kilgour. John Edward Banks deposed—l reside at Grahamatown. Am a gum merchant. I knew deceased, whose body the jury viewed to-day. His age was 31 next December. . • „ By Mr Bulleri—Deceased was in my employ, packing gum from up the Kauaeranga to Grahamstown. I recollect Thursday, the 13th of this month. On that day he and I attempted to proceed to my store in Grahamstown fromupthe Kauseranga in charge of a team of five horses. I was following on a saddle horse. Deceased was on foot. We crossed T;he Kauaeranga several times. Experienced ho difficulty till the fifth crossing. The river was high, but not dangerous. The horses were not overladen. Deceased jumped on the hind quarters.of the last horse in crossing. He crossed some on foot. My experience of the Kauaeranga was limited. I have only been up three times.. The deceased was packing there six weeks. At that time I did hot know the tracks. I know the crossing above Coombes and Kilgour's paddock—the sixth crossing. After crossing there had a conversation with the deceased as to why he did not keep on the other side. It was after we crossed the sixth crossing. He said he had heard the upper track had been closed by Messr» Coombes and Kilgour. He said this on my asking him why he had not travelled the upper track. He said it was a shame it was closed. I left the matter to deceased, and he continued the lower track, as he further said that mullock might be laying across the upper track from the water race. We continued to the fifth crossing. I recognise the track from the plan shown me. Deceased drove the four pack horses into the creek, and jumped upon the back of the fifth one. I was last. When all the horses were in the creek I observed all the horses switaming. The mare I" was riding nearly overtook the horse upon which deceased was seated. I saw his hone plunge. My horse plunged violently. I had my feefc out of the stirrups, and threw myself off on the up-stream side of the horse, and swam ashore. I then turned round —that was on the opposite side of the creek—and looked back, when I saw deceased trying to grasp the mane of his horse. He was off his back, and the horse's head was turned towards the deep pool. He made two springs at the horse's mane, and the horse and ho sank instantly. All the other horses crossed. I called to a man named Thomas. 1 began to pull off my clothes as I got on the bank of the creek and when I saw deceased go down. He rose again under a rock while I was doing this. The rock was about-20 feefc below the ford. The water in the hole 'is from 10 to 15 feet deep. The packhorse never rose after he sunk. As I was about to go to his vassistance deceased sank for the last time, and I never i saw him again. There are two fording ! places at the fifth crossing. We took the lower one distant from the higher one about 100 yards. The water is shallower in the upper crossing, but there are boulders, of which there are none at the lower ford. On a fresh corning clown the "creek the upper crossing would bo the niost.dangorous. It was about half-past three o'clock. Mr Thomson, who keeps a store, came to me about this time. The fresh was to high for us to do anytlrng that evening. Iran to the endof^ the hole, and proposed to get : in there, but the current was running too fast. I got the team into Shortland, and reported the matter to the police. Went out.next morning, with a search party. Saw nothing of the body, but found the body of the horse. The" horse was found at the lower edge of the' hole, with one bag of gum on his back. The second bag was missing. Search was continued daily until Tuesday, when Mr Charles Reed reported that he had seen the body on the opposite side of the creek, at the second crossing. I accompanied Constable Scott r d Reed

yesterday. Saw the body afc the second crossing, but did notgct across, as the river was so rough. Saw the constable,and Mr. Reed take the body but of the water, and place it on the bank. It was brought id to-day. Had wo come across Coombes and Kilgour's paddock.we should have saved five crossings, the most dangerous ones. I have gone the upper road— through their paddock—myself. It is doubtful whether I should have come that road had it not been closed, owing to what Peterson said about the mullock. I was guided by deceased. The Coroner asked whether the paddock belonged to CoombeT arid Eilgour, or was simply given that name., Mr BuUen said other witnesses would speak to that. Examination continued — I went through a fortnight ago, and the paddock was open, by which I mean that it was open at both ends and there was a defined horse track through it. The portion.qf the track Peterson referred-to as likely'to * have mullock on it, was about a half-mile from. Coombes and Kilgour's paddock. The distance by the lower road to the crossing, is shorter than the upper, and a better road in fine weather, so long as the creek is low. ' • The witness was cross-examined by Mr Bras.scjj. but nothing further of importance was elicited. : Alexander McGregor Thomson was next examined. He was a gum digger, and had come by the upper track. Be- . membered Coombes and JKilgourr fencing the paddock. He. corroborated the evidence of the last witneis with respect to the nature of the tracks. - The lower one was more convenient, but on a fresh the upper track was the safest. John Pepper deposed: lam manager for Messrs Coombes and Kilgour. I know the piece of land where they have. erected houses and fenced-off a paddock. The pp.ddock I refer to is the one spoken of by the witnesses. It was fenced bj Messrs Coombes and Kilgour. -The land belongs to some of the Maoris T am not quite sure whether it is in the goldfield or a native reserve. The-gold-fields boundary extends there, but there is some ni^ire reserve.;! It being either the oneor the other, it is not their own" freehold." They; have made an arrangement by which they occupy., I.know"' they were in treaty-fora lease,"* But lam - not aware they were- not able to obtain it. I have no doubt they would have &ot it if the Government had riot asked them to wait. lam not aware that the proclamation under the Public Works and Immigration Act prevented their getting a lease. I do-not know, that that answer was given to our last application. Ido not say that,they have no authority'there at all. - '7 ■ -'-'• ,: In ; cross-examination,,, witness ..stated that packers had been accustomed to go through the paddock. Since the accident the rails had been removed, to make si track. The .paddock had been'ploughed " ' and sown. . The Coroner summed up, and delivered the usual advice.as to how the jury „ should be guided in arriving at their decision. A verdict of " Accidental death" was returned.