THE FATAL AFFRAY AT CHARLESTON.

Westport Times, Volume III, Issue 585, 25 November 1869, Page 2

THE FATAL AFFRAY AT CHARLESTON.

(from our owx correspondent.) An inquest was held in the Court House, Charleston, on Tuesday afternoon, by Charles Broad, Esq, Coroner, for the purpose of inquiring into the circumstances atteuding the death of Patrick Kirk, who met with a violent death in an affray which took place early that morning in Princes street. A jury having been empanneled, consisting of Mr Thos. M'Carthy, foreman, Messrs M'Millan, M'Kerrow, M'Beatb, Pound, Parker, Nahr, Hardy, Hugh Jones, D. Henderson, AV. Gr. Jackson, Nicholson, and Pritchard. They proceeded to view tbe body of the deceased, which had been conveyed to the dead house, adjoining the hospital. On their return, the jury elected to have the investigation licity being given to the proceedings might interfere with the ends of justice.

The first witness examined, was Joseph Faulkner, who stated that lie was a miner, residing at Candlelight Flat, that he had seen the body of the deceased, that deceased was one of his mates, a native of county Louth, Ireland, and about 3G years of age. He had seen him alive about 4 p.m. yesterday, against the Camp fence. Deceased was a sober man and never a drunkard. He had known him for four years. His Brother had been mates with deceased ten years, ever since they lauded in A 7 ictoria. Deceased was as quiet as a child.

James Rouse: I am groom at Forder's stables at Charleston. About 2 o'clock this morning a man named M'Loughlin was in the Casino. He had a quarrel with a man called Jack the Blacksmith. After the quarrel was over, I saw M'Loughlin iu the street, about daylight. He was in a crowd which was fighting, opposite Forsyth and Master's. After the row was over I saw M'Loughlin go up the street; just after that Mr Forder called me to saddle a horse, after doing so, I took the horse to Behan and Kelly's, and saw M'Loughlin there. I told Mr Behan that M'Loughlin was one of the men that was at the murder, righting. Just before M'Loughlin left the crowd I saw the deceased on the ground, on his face, at the same time I went up to the deceased. There was an elderly man present. He said to me " This man is dead." The deceased was taken up and carried into the Oddfellows Hotel. I cannot say that I saw M'Loughlin fighting, but he was tumbling about iu the crowd. I went down the street from Behan's and told the Sergeant of Police, and pointed out the man to him. There was another man, a big bushy-whis-kered person, in the crowd at the same time. I think I saw him strike a blow at a man. I could identify him, if I saw him. There was over 20 people present at the fight, which lasted five minutes. As 1 came from the stable I saw a rush of men, a man named O'Brien was fighting with another man named, I think, Cullen. I did not see deceased fighting, nor until, I saw him on the ground. M'Loughlin was in an excited state. The elderly man was a digger in this district, I know him by sight. Myrick Jones : I am a publican residing in Charleston. About 6 or 7 o'clock this morning I came out of my house and saw a, scuffle in the middle of the street between O'Brien and Cullen, Cullen ran under the verandah of Forsyth and Master's and O'Brien ran after him. At the time there was only the two, and a number of neople ran round t'em, and Cullen's mates came up, and were knocked down. One of Culien's mates, Nherlock, was on his back on the ground, and a big

man, shaved, with whiskers all round, was kicking him. At this time two tights were going on, one in the middle of the street, and the other under the verandah. Amongst the crowd in the middle of the street, was a man I could identify, and named, I think, Sullivan, who rushed from the middle (if the street and sprang at Culleu, and sent him through Forsyth and Master's door. He fell down and rolled on one side. A great rush then took place, and a man named Birrel who was standing with two or three of us, said " they will be murdered." I replied " do you think I am going in to be killed ?" The crowd then went away from the shutters, and I saw a man lying down on the pathway left behind. I went and looked at him and saw his face marked with streaks of blood. His eyes wore glaring in his head, and his lips were black. I said " the man is dead." He drew one heavy breath, some men then carried him into the Oddfellows' Hotel. I did not go in there. I saw him ten miuutes afterwards, and he was quite dead. T pointed out to the Sergeant a man with a sort of checked shirt that I had seen in the affray. This man was kicking and hitting everybody and was most conspicuous. By the Jury : I pointed out both men to the sergeant, but whilst the sergeant was apprehending the one the big man was getting away as fast as he could. I first saw the deceased walking across the street towards the crowd. He was not excited. I did not see him struck. I would recognise the big man, as he is a most peculiar man. By the Coroner: J did not see the deceased taking any part in the affray. Deeeased, Cullen, Harris, and Sherlock were bein<j assaulted, by O'Brien, Sullivan, and the big man in the checked shirt. By a Juryman: I did not see deceased after he went over, until I saw him dead on the pavement—that would be about two minutes. By the Coroner: I did not see any stones used. I was standing with Birrel, Monnier, Pero, and Farrell, and saw the whole affair.

William Morris: I am a miner, resident at Charleston. About five or six o'clock this morning I was coming up Princes street with some men working with me, and at the cross roads, met O'Brien and other men. He accosted one of the men working with me, and for some reason or other he turned round in a defiant manner and attempted to strike Cullen, they closed and both fell to the ground. Cullen at last got clear and made for the Oddfellows' Hotel. Four or five got hold of him and shoved him through Forsyth aud Master's door, which was shut at that time. I saw a man pick up two stones, one in each hand. I said " Hold on mate " aud touched in in on the arm. Ho slewed round and remarked something, and, was in the act of hitting me, but the noise of Cullen's falling through the shutters drew his attention and he rushed towards Cullen, with the stones in his hand. The stones would weigh about two pounds each. He was greatly excited. He is of sallow complexion, medium build, and about 5 feet eight or nine inches, dark whiskers and not much of them growing all round his face, but scarcely any moustache. He had oa a sort of cross barred shirt. I only saw deceased on the ground, and that after the man in the chocked shirt rushed over. The deceased was lying with his face on the ground. The man with the stones was taking an active part, striking all round. He struck a little fellow I know well. M'Loughlin had hold of Cullen and tried to force him through tbc door. I did not see him strike anyone else. L saw deceased takeu into the hotel. He was lying four or five feet from where Cullen was shoved through the shutters. I did not see the man with the stones afterwards as my attention was drawn to others behind. They dispersed after the two men were knocked down, and I then got Cullen out of Forsyth and Master's. By the Jury: I saw a man with the stones striking the second man. There were 15 or 1G men altogether fighting. The four men struck were my mates, or men employed by me. I did not see deceased cross the street, or anyone kick Sherlock. I think I could recognise the man in the check-shirt if I saw him.

Mrs Carr, of the Oddfellows' Hotel, Mary Sanderson, housemaid, and "Wm. Farrell, chemist, gave corroborative evidence.

Dr Bruen : I am a legally qualified medical practitioner, residing in Charleston. About six o'clock this morning I was called to see the deceased at the Oddfellows' Hotel. I found the deceased stretched on forms before tho door, shirt collar open, and breast exposed. He appeared to me to be dead. I then examined his heart and pulse, and found a total absence of pulsation. I pronouueed life to be extinct. I did not notice any wounds. I did not make any further examination.

Dr Henry : I am a legally qualified medical practitioner, residing in Charleston, lhave made a post mortem examination of the body this day. There was no discoloration or injury aparent on the body, or limb*, except the usual j) 08 * mortem appearance. His neck was discolored, having been constueted or pressed upon some time. There was a small cut on the outer side of right eyebrow of a curl shape. Beneath the left, eye there was a discoloration, apparently produced by a blow. There were some scratches on the left cheek bone. The bridge of the nose, was also scratched, aud' the

tip of it barked. The inner surface of the upper lip was cut and discolored, and three teeth were loose. There was a little dried blood in the crown of the head on the scalp. Found on examining the head an immense extravastation of blood, so extensive as to cause almost immediate death from the rupture of the cerebral vessels occasioned by violence. The spot on the head was caused apparently by a blow with something round, heavy, and smooth. The scalp was not cut but bruised. The blow on the head was the only injury likely to cause death. These being all the witnesses brought forward, the court was adjourned for one week to enable the police to make further inquiry into the matter. Tuesday, Nov. 23. The adjourned inquiry into the cause of death of the late Patrick Kirk took place this afternoon in the Court House.

The men who had been arrested, M'Loughlin, O'Brien, and Sullivan, (Sullivan on bail), charged with having caused the death of Patrick Kirk were placed at the bar. James House, called, said: I saw those three men at the fight. I saw M'Loughlin about two in the morning in the Casino, and afterwards in the street, when the man was killed; he had his hat off". I did not see him hit anyone. He is the man I pointed out as one of those who took part in the disturbance. I saw O'Brien fighting with a man named Cullen. I saw Sullivan with his hat off in the crowd. I did not see him strike any blow. Charles Hill, sworn, stated that on Tuesday morning last he was standing at the Casino door about 6.30. He saw a crowd in the street, and observed O'Brien and a man named Cullen going to fight. Cullen then turned away as if to leave, and went towards the Oddfellows' Hotel. The crowd followed Cullen, to the verandah, and some one was knocked against the shutters whom he believed was Cullen. He afterwards saw a man fall, and three men kick him. He recognised M'Loughlin as one of the men who kicked him. The other two men, he had not seen since. The man who he saw kicked was Patrick Kirk. The crowd then left; the body laying on its face. He went over and* turned him on his back, and found he was dead. He then went to the crowd in the centre of the street, and told them to knock off fighting for God's sake, or they would kill one another. They then knocked off. He recognised O'Brien as one of the crowd. He did not see him doing anything. O'Brien followed to the verandah when the crowd went there.

By the Jury: One of the men who kicked deceased was a dark whiskered man, whom he could identify if he saw him.

Elizabeth Nelson, sworn, said: I was a dance girl at the Casino. On Tuesday morning last, I was standing at the door of the Oddfellows' Hotel. I saw some men fighting, and a man laying on the ground, and a man gave him a kick. M'Loughlin is the mxn whom I saw kick him on the head. I saw the man carried into the hotel. I saw O'Brien there. I did not see him strike deceased, but I saw him going to fight a man. I did not see the other man (Sullivan) there. William Morris, recalled : I recognise O'Brien as the man who accosted Cullen. I recognise M'Loughlin. He had hold of Cullen under Forsyth and Master's verandah against the shutter. I recognise Charles Harrisson, the man now shown to me, as the man who had the stones in his hand.

Charles Harrisson, sworu, said: I am a minor residing at Darkie's Terrace, near Charleston. On last Tuesday morning I was in this Casino. I saw a row in the street, and went to see if I could recognise anyone, but could not. There was a number striking at one man. I called out " shame." I had scarcely said the word when I was knocked down by some one who I could recoguise as near as can be by the dress. I believe I saw M'Lougblin there. He is the man I thought that struck me. I was struck in the mouth with the stone and stunned, and did not recover for a while. I cannot recognise the other prisoners. Edward Quirk, sworn, said: Between five and six o'clock last Tuesday morning I was in the main street. Some persons were quarrelling. I then went towards the Oddfellows' Hotel and saw O'Brien making a blow towards the deceased (Patrick Kirk), but I could not say whether he struck him. I then went into the Oddfellows Hotel, and was there a few minutes. A person sang out that the man was killed. I then ran out and assisted to carry him into the hotel. They all appeared to be striking at him. Deceased was striving to protect himself as far as I could notice. I did not think him dead but stunned when I carried him into the hotel.

By the Jury : I saw both the Jien present (M'Loughlin and Sullivan,) but could not say I saw them strike anyone. They were in the crowd. At the time I saw O'Brien striking at deceased there were about a dozen men round deceased.

Patrick Callaghan, sworn, said: On Tuesday morning last I saw O'Brien and Cuilen fighting in the street. A crowd collected and rushed them towards Forsyth and Master's store. The shutters gave way and Cuilen was pushed in. He afterwards came out and got iuto the Oddfellows' Hotel. Deceased was standing by me with his hands in his pockets at'this time. I saw M'Loaghlin strike him with his hand on the forehead. He fell on the ground aud had not got up when I

left. The crowd kept shifting about, away from where the deceased fell. I got amongst them and tried to separate them. I got over to the Casino, and looking across saw the deceased lying close to where he fell when M'Laughlin struck him. I saw O'Brien and Sullivan in the crowd. They were too far to strike deceased, I think. Another man, not present, struck deceased. He is a thin faced, spare man, with light hair. I could recoguise him again. I know a man named Michael Maloney. I think he was the man who struck deceased, with M'Loughlin.—By the Jury: I think M'Loughlin struck deceased on the top of the head. I assisted to carry deceased into the hotel.

Thomas Haggarty, sworn, said: Last Tuesday morning about 6.30 I was passing the West Coast Hotel when John M'Loughlin called me in to have a drink, he shouted for me, the man that was killed, and for several others who were in the bar. A man went to the door and said there was a row down the street. I rushed out and never saw the man who was killed until I heard a man sing out, there was a dead man. I saw O'Brien and Sullivan below the chemist's shop, the whole time I was there. I did not see the commencement of the fight. When I rushed out I think deceased passed me. Myself and a man named Welsh were in the crowd, but trying to make peace. Eugene O'Callaghan said: About 6 on Tuesday morning last I was in the West Coast Hotel. I observed M'Loughlin, deceased, and some others come in whilst I was there. M'Loughlin called for drinks for the men at the bar. I saw M'Loughlin and deceased leave the bar together. Previous to that I heard there was a row in the street. On leaving the hotel I saw deceased and M'Loughlin talking together in the street. M'Loughlin was in a state of wild intoxication, the deceased was more sober. A party was quarrelling beneath the verandah. I observed M'Laughlin and Kirk opposite the Oddfellows' Hotel near the curb. Deceased was facing towards the beach and M'Loughliu towards the camp. I saw Kirk struck, stagger, and fall. Simultaneous with that I saw M'Loughlin strike another man. I positively swear that M'Loughlin did not strike deceased when he fell. The man struck, I believe, was one of the witnesses. The man who struck Kirk wore a white hat and black coat. I heard him say while striking " You bloody wretch, what right have you to be following the mm?" I soon after saw deceased lying dead at the Oddfellows' Hotel. I did not see O'Brien near the deceased. William Walsh, sworn, said: About five or six last Tuesday morning, on coming up the main street I heard the word " Fight "sung out, and saw men in the act of fighting. I recognised O'Brien as one of them. When I reached them Cullen and M'Loughlin were under the verandah. Some men were striking Cullen. The door wa3 either opened or forced in by the crowd. Cullen was dragged in by some person inside. I then saw another row in the street, and a man knocked clown. I picked him up, put on his hat and told him to keep away. I saw M'Loughlin in the street when the man was struck. The man who was struck is not here to day. William Culleu said: About 5.30 in the morning I was coming up the main street, when O'Brien came up and said I insulted him in the Casino. I said that I did not; that he had insulted me. With that, he said something and struck me a light blow on the cheek, and I put my hands up to defend myself. We had a tussle, and both fell to the ground. A crowd came rushing in and rushed me up to Forsyth and Master's and knocked me through the shutters. I was too excited to recognise anyone. Myrick Jones recalled: I recognize those three men. O'Brien as fighting with Cullen. When O'Brien and Cullen rushed to the shutter, Sullivan rushed after them. M'Loughlin was hammering right and left, and kicking as hard as he could. There was another big stout man who is not present, who was kicking. The prisoner Sullivan is the man I saw spring at Cullen. M'Loughlin is the man I pointed out to the sergeant, as the man who was conspicuous in the affray. By the jury: I did not see Sullivan strike at anyone else but Cullen. Andrew Sherlock said: On Tuesday morning last, I saw O'Brien pulling Cullen towards Forsyth and Master's. I rushed up aud sang out " fair play," and as soon as I did, some one got hold of and began punching me. I got up from the middle of the road. A man named, I believe, Callaghan, saved me. I did not see the prisoners in the crowd.

This being the whole of the evidence brought forward, the Coroner proceeded to road over to the jury the evidence previously taken, aud then summed up—particularly explaining the law bearing on the case. The Court was then cleared and was re-opened in about an hour, when a Vbrdict of manslaughter was given against MLoughlin, O'Brien, Sullivan, Maloney, aud others whose names are unknown.