SUSPICIOUS CASE OF DROWNING.

West Coast Times, Issue 99, 11 January 1866, Page 2

SUSPICIOUS CASE OF DROWNING.

COMMITTAL OF THE PRISONER GEORGE STWART, ON THE CHARGE OF MURDER.

ADJOURNED INQURST.

Tho adjournod inquest upon tho body rff Pationce Stowart, who was found on tho morning of tho 2nd inst. lying dead upon tho sea-boaoh between high and low-water mark, a little to tho northward of tho Monte/.uma, was hold yestorday at tho Warden's Court House, before Drßeswick, the District Coronor. l'rom the appearance of the body when found, combined with antecedent circumstances in connection with the unfortunato woman's nianied life, it was supposed foul play had been practised upon her, suspicions being directed to her husband, (Jcorgo Stowait, who, it was known, had been in tho habit of illtreating hor, their domestic dissensions being partly caused by her intemperate habits. Facts, however, which were elicited by ihe late enquiry, are stronglysuggestive of years of unkindness and maltreatment sho must have sulfered at his hands, and nrhioh doubtless caused her to seek forgotfulncss in the freo use of stimulants. The last net of ono of those domestic tragedies, which during lao years had becomo common, has boon played out at our very doors, revealing sad depravity and unbridled passions, and ending in (if the evidence is to bo relied on) the committal of a cold-blooded atrocious murder, tho perpetrator of which merit!) tho condignest punishment. Tho bearing of Iho accused throughout tho examination was certainly indicative of his innocence, for his brow during the most damning portion of tho dvidenco wiiich was givon against him, by tho womau Jones, never onco fallerol, and he olosoly contested every point that might result in his disfavor, watching the whole proceedings with eager attention Mr Leary, a barris'or, attended on behalf v of tho prisoner ; Inspector Broham conducted the enquiry with a skill wo have havo nover beforo seen equalled in Hokitika, and certainly making out a vory strong case against tho prisonor. Tho depositions taken during the first examination having been read over by tho Coroner," Dr. It. Ryley was again called, to give further ovideuco. He reiterated his former testimony touching the wound on the forehead. By Inspec'or Broham— Such a blow given would bo suflicient to cause insensibility, llo' could not Bay whether the blow, if given, was a horizontal or a perpendicular one ; it would depond vory much on tho position of tho person receiving it. He should however ho inclined to think that if tho deceased was struck before death sho must havo been in an ordinary sitting posturo, . By tho Coroner — He examined the frontal bone, the periosteum was unbroken. Bridget Median being sworn deposed — She wns the wife of John Meehan, a publican, residing in llovt'U stieet, and was acquainted with tho deceased Patience Stowart, who was her next door neighbor. Romoniborod the morning of tho 2nd January, for Mrs. Stewart called upon her between six and seven, but being in bed at tho thro she did not see hor, but heard her voico at tho baok door. Reinomborcd preparing breakfast at tho back of hor houso between eight and nino o'clock, and whilst doing so, observed Mrs. Stewart with somo wood on her shoulder going towards her houso from the beach. She had the wood on her right shoulder, her left hand up to her temple, and bade her good morning as sho passed. After laying dowu tho wood sho returned direct to the beach, and witness afterwinds saw her at a heap of wood just close Jo high water mark. A short timo aftor she saw the accused talking and gesticulating to Mrs. M 'Donald outside hor houso. Witness then went inside, and directly after ho came to tho back door and enquired if his wife wero there, aid receiving an answer in tho negative, he turned round with his hands in his pockets and walked down towards where witness had last seen hor on tho boaoh. A man named Thomas O'Toolo, was with her at tho' timo. A plan of that part of tho boaoh including the house referred to in Revell street, wns produced, and tho witliess requested to point out tho direotion '.accused went in ; it however, seemed to confuse her, but sho said she hud pointed it ou,t'fo Mr. Cooper yesterday, on tho ground. Sho should think accused was not more than 10 or 1 2 yards from his wifo the last tijno sho saw him . Romomborcd them quarrelling about a fortnight ago, and seeing him throw hoi* outsido tho houso ■; slio foil across tho door, whon ho kicked her in tho sido, and told hor to got up. Sho, however, romainod thoro, upon which ho stoppod outsido, turnod round, and kicked hor on tho shoulder, and then soizod hor under tho arms, tumbled her into tho houso, and closed tho door. Noises wore uftcrwards heard by witness inside, as of a blow givon, also a sorcam frnni a woman. On tho morning provious to hor death, witnosß saw doceased standing by the heap of wood at Iho back of her houso crying, also hoard the voico of Si ovwu't inside, but did not sco him, Observed his wifo step backward, ns if in fear, doso to tho wood. Not long aftor ho camo out and approached tho place whoro O'Toolo and horsolf woro standing. Ho remarked that his wifo was drunk again, and that ho intended to slay at homo that wwk and try and breuk hor oil' drink, if not ho would finish hor (Prisoner hore vomarked, " finish hor, or finish it ?") On a provious occasion, whon speaking to Mrs Stowart, sho had heard hor remark how nfraid sho wns of hor husband, us ho lmd threo times threatened to knife hor. About threo weoks ngo, witnoss saw tho denoasod run out of tho houso towards tho wood honp, and hor husband follow hor with a knife in his hand, and thon tako hold of hor by tho shouldor and drag hor inside again. By Mr Leary— At the timo her husband kicked her when sho wns lying across tho door, tho deceased was perfeotly sober. Never saw her so drunk ns not to bo ablo to mind hor businefs but once. At the timo aho saw accused walk down towards his wife on the boash, bhe could not say whothor she was alivo or not. It was between seven and eight o'olock sho ohserved her go to tljo boaoh . Did not sco hor Ogam until t)io boijy \v«* brought up on tho dniylJ.v %I|a Onroiiov—Not) having' eitlior cilook w

the exact time, cither an hour ono way or tho older. By Mr Broham— Tho deceased and herself wcro on excellent torms. By v Juror -It was not an hour after witness last saw deceased on tho beach, that she tow her husband walk down in that direction. Thomas O'Toolo deposed — Ho was a laborer, rcbiding at Median's public house in Ilovoll street. He knew the deceased, but did not sco her on the morning of hor death. Ho saw her husband, George Stowart, about eight o'clock standing at Mcolmn's back door, and after asking if hia, wife was inside, turn round and walk down to tho boaoh, Tho last timo ho saw him he was still going towards the set. The plan was again produced to witness, who was requosted to' point out the oxuot place, an near as possible, whereaboutH.ho was, whon ho pointed to a place on the plan marked B . Remembered seeing Stowart on the 4th January in company with his wifo, whon ho romarked something about if sho did not keep from drink he'd do something, Witness, however, could not exactly hear what he said. He had, howevor, heard tho accused and her husband quarrelling, and an w him on ono occasion striko her. It was when fjho was lying acroß* tho doorway. Ho then kicked hor twice, and took her in and •closed tho door. After war is heard a noiso inside, but could not say what it was about. By Mr Leary— Tho decoased was in the habit of drinking hard, and accused had on move than one occasion spoken to him about it. Never { <wn l\\<j deceased ho dt\w\\s. ua V> V>e \\e\\Acß». Anne M'Douafd bei/ig strata, stated she Jived / I and remembered tho 2nd of January. Saw Mrs ' Stewart, at nn early hour that morning, standing i [at \wv back door . Tue time m\\»Vvt (wive been I I about sevon ; soino timo afterwards saw her / carrying wood home from the bonoh ; and again, \ shortly afterwards sitting on tt log on tho beach. ( $\w> \\ad a WtvdVLOto\net \u \wr \mmuV wiping Jier' face. Witnoss thought sho was crying. It might havo boen a littlo after eight o'clock when tins occurred. Tbo accused enme up nttevwnrdH and epoko to witness ; lie complained that his wife had obtained liquor ivom hor on Now "Year's Day . Ho iuvtber stated he was about leaving homo, as his wife drank .so Jiard. He then returned towards Jus own house, and a few minutes after walked in tbo direction of the sea beach. The last time she saw him lie was still going towards tho sea, in tho direction, of tbo log on wbiob bis wife was sitting, Was not vory well acquainted with deceased ; but, from the littlo sho knew of her, believed her to bo, a hardworking cleanly woman. On several occasions she mado com. plaints to tho witness of the niannor in whioh sho was treated by her husband showing her a mark on her side, which sho said had been caused by his kicking her. Witness had always lived on good terms with Stewart and his wifo. < By Mr Leary : Had hoard Stewart say soveral times he should leave his wifo as she was such a drunkard, Could not say whether aho drank ono or two glasses of brandy on Now Year's Day at tho time she visited her. Did not think more than half-aii-hour elapsed from tho timo she last saw deceased sitting on tho log to when her husband went towards her. By Inspector Broham : Have on doveral occasions seen Mrs Stewai tin such a state us would lead her to suppose sho had drunk too much, but never saw her so drunk but sho could walk and talk. Never hoard her make any roinark that would lead to tho supposition she intended to do bodily injury to horsolf, l Remembered deceased shewing her a paper containing an account of a woman who had poisoned herself onßendigo,but nothing unusuul transpired then. By a Juror— Could not say whether there wero any maiks on her face the hist time sho, tho witness, saw hor or not. Lydia Esther While doposed — Sho was a married woman, residing in llevell-street, and knew tho dcceasml. Kemombercd her coming to her house about seven o'clock on the morning of the 2nd instant to n.sk tho amount of a small bill she owed her, stating she oxpectod sonio monoy during tho day, -and would oall in and pay it. Sho was porfoctly sober at tho time. Snw her again about ton minutes aftor close to tho door of our house. Novor saw hor ngaiu alivo. Witnoss afterwards saw G-corgo Stowart walking from tho beach about nine o'clock towards his house. On soveral occasions Mrs Stewart had complained to hor of tho ill treatment sho recoivod from hor husband, and had shown hor a bruise on her sido which sho statod waß occasioned by a blow from him. By Mr Leary — Remembered Stowart twice complain to hor of his wifo's prononoss to drink, and that ho could not trust hor with nionoy to buy stores. By Inspector Broham — Havo soon Mrs Stowart uudor tho influonco of liquor, but novor drunk. Jamos M'G-uinnoss boing sworn, doposed — Ho was a, sergeant in tho polico forco stationed at Hokitika, and remembers George Stowart being brought into tho camp, who stated his wifo had committed suioido, aud that tho last ho had seen of hor was about nino o'clock, whon he saw hor sitting on a log on tho beach. Ho was not on the bc,ach himself, but saw hor from tho back window of his houso. Ho stated sho had been collecting wood that morning. This brought to tho recollection of witness a conversation he had with Stowart about a fortnight boforo at tho Camp, in roforonco to his wife. At that timo ho called at tho camp and spoko about his wifo continually drinking, and wantod tho polico to intorforo, but was told thoy could not unloss she was found drunk in the street. Accused then said ho wished him to tako notico that ho had maclo tho report, in caso anything should happen. Witness asked what ho meant, tolling him ho spoko liko a man who meant soino harm to his wifo, and that ho should not uso such language He thon loft tho camp, and witness did not boo him again until tho day ho was arrostOd.

By Inspector Broham — Waa not euro whether ho voluntarily statod ho was not on tho boaoh that morning, or whothor it wa9 in answor to his query.

By Mr Leary — When tho accused camo to the camp to complain of his wifo, ho wished oithor Mr Sulo or Mr FitrGoj-ald to receive his stntoniont. Aftor his arrest, ho statod positively ho wa3 not on tho boaoh at all on tho morning of tho 2nd.

By a Juror — Accused niado no roply when witnoss told him ho should not make uso of such lnnguago respecting his wifo, but loft tho ofllco at onco as ho spoko sharply to him. Jamos Hixon doposod — Ho was sergoant of polico stationed at Hokitika, and romoniborod the body of Mrs Stowart boing brought to tho camp on tho 2nd inst. Also roeolleotod Mrs Stowart coming to tho camp a wook proviously to complain of hor husband, declaring sho was afraid ho would do hor souio harm, as ho had frequontly ill-treated hor, and lmd only just throatonod hor again. Thoro wore marks on hor body infliotod by him. Witness advisod hor to summon him and bind him oror to kcop tho poaoo, and that if sho callod tho noxt morning a summons would bo granted horj at tho saino timo roconimoudiug hor to sloop with hor uoighbour that night and not see him again until the morning. Sho stated sho had denounced him fivo years ago at Ararat, in Victoria, and bound him over, and did not wish to do it again if Bhe could help it. Tho cvoning bofoio hor death she called at tho Camp making a similar complaint, aud that she was afraid of her life. Witness again advised hor to bring' him before tho magistrate, remarking, had she done so boforo sho would not havo been in trouble then, On oaoh occasion she criod bitterly, tho last timo requesting a constable might bo stationed at tho house during the night, and next morning she would come down and take a summons out. Witness nover saw hor alive af tor that. He remembered Stowart boing brought to the Camp, and ontered tbo phargo against him, boforo doing s», asking the appprohending constable whethor he had cantionod tho prisonor in tho usual way, Ho stated he had. Witness, however, cautioned him particularly again. Accused staged to witness it was nearly nine o'olock when hla wifo went on the benoh, but that ho. had not boon down thoro tjwp but ffy W my j^ho m)

j By Mr Lc>iry— Deceased was perfectly sober tho tir^t time she applied for protection, but oil the second oeca-sion was a littlo in liquor, 80 littlo as to ho hardly perceptible. Catherine Jones doposod — She wna a widow residing in n tent at tho back of the ltoyal George Hotel, in Revcll .street. She remembered the morning of the 2nd Jauuaiy Was awakened by horses about her tent..Rho got up in a hurry and wont outside to dm' 6 them away. Tin's might liavii been between eight and nino o'clock. She then saw a woman walk along Iho beach and sit upon a log facing tho sea. She < bad her hands up to her face, and seemed as if she was crying. Ilooognised her as Mrs Stewart, the wife of the ncour:ed how in court. Directly after, she saw her husband walk quickly towards her, pick up a piece of wood, and strike her. It seemed an awkward piece, about a yard long, and as thick as a man's arm. Witness distinctly «aw him strike her with it. It was a left-handed blow, and sent ber ovor the log into the sand. Ho then followed. Witness saw no tnoro of thorn. She wns ill that day and retired to bed for a fow hours, and during tho after* noon a woman named Mrs Gandell canio into tho tent and informed her a woman had been found drowned on the beach. A few mornings nftorwardij, slio inucio known to Mrs Gandol what sho had scon that morning j for, aftor consideration, it had made her uneasy, nnd sho canio to tho conclusion it was her duty to roport it. Sho was awavo that Stewart and his wifo livod unhappily together, and hoard ho occaalouaWy ma\h'oa\ed hot, t/tava/bre, at tho tttrio, took but littlo notice Mrs Gamlcl of t)io act of Stewart, sho gave inCovmation to tho polico. Uy a Juvor — It might ha\e becnx ton minutos botwoon tlio time sho first went out oChor tont to drive tho horses away and when b\\o YotwrweOl. again inside. Thove wiw no ono about nt tho thno, and ' tho il'istnnco botvroen hor tenfc and tho log was too groat for a cry to havo beon Uewd, had ono beon raised, William Ooopor doposod — Ho wns a Gtavommonb Survoyor, residing in Hokitika, and remombercd Mrs Wright, Mrs M'Donuld, Mrs Jonos, and a man mimed Tom yesterday pointing out to him certain 2>luccs on tho boach, which ho maclo a survey of. Tlio plan now . produces is tho ono which contains them, showing each spot, and their distances from each other, corresponding to the specifications in the ina,rgin. (The plan submitted to the jury, who were thus euabled to trace the steps of tlio accused between the bouses and tho beach, ua he was seen in different situations by tho respective witnesses, up to where the fatal blow was said to havo beon given.) Rachel Gandel, being sworn, dopdsed she was a married woman, living at the north end of Itevcll street. Remembered Mrs Jones malting a statement to her on the morning of the 6th instant to tho effect that she had something on hor mind that would not lot her rest. She confessed to seeing a man striko a woman on the beach with a slick and knock her off a log on which she was 1 sitting. She said she thought they were larking at the time ; also, that she did « not know what to do. Witness advised her to tell the truth. Witness on the previous Tuesdaytold hor a woman had been found drowned, which called forth }io remark from her then . By Mr Leary — When Mrs Jones was first informed of this she discovered not the slightestuneasiness or distress of mind, and the subject was nover vovoitcd to by either ef them until the Saturday following, Janet Colls deposed-She was a married woman, redding in ltovcll street. Is acquainted witlu Mrs Jones, who, on last Siturday or Monday called upon her, and made a remark that she had something on her mind and wished to ask advice. She then suid Bhe had scon a man slriko tho woman (who was found dead) with a picco of wood on tho morning hor body wns discovered. Witness advisod. hor to soo a constablo, whioh sho did, bringing two of them into tho buck parlour, and pointed out tho oxact, spot whoro the deceased was ( last soon. Tho ovidenco of George Swiss, which was unimportant, closed tho case, and (the Court being cleared, tho jury were left to arrive at a decision. Apparently thoy had some difficulty in doing Bb, for after proceeding tip Eovollslreet, viewing the scono of tho occurrence,, and again returning to tho Court they wereclosetod until nearly sevoh o'olook, ere tho following verdict was returned: — "Wo find that tho deceased, Pationco Stewart, met her death from tho eifects of a blow willfully inilictcd by Georgo Stewart, whioh caused immodiuto insensibility, and ultimately death." Tho pmonor was fully committed to take his trial at tho onsuing Supremo Court sittings.