South Australian Register (Adelaide, SA : 1839 - 1900), Friday 7 June 1867, page 3


CORONER'S INQUEST

CONCEALMENT OF BIRTH.

An inquest was held by Dr. T. Ward, J.P., at the Hospital on Thursday. June 6th. on the body of a male child, who was found dead the previous day. Mr. A. H. Beyer was chosen foreman of the jury.

Corporal Sullivan deposed that at 20 minutes past 10 o'clock on Wednesday morning he re-ceived information that a woman named Margaret Brown, who is stopping at the house of Jane Hughes, Chatham-street, was confined of a child, which she deposited in a privy. Proceeded to the house, and saw a woman sitting on the floor in the kitchen. She was dressed. Saw some blood on the floor. Went to the privy. Saw blood on the floor, but nothing but soil in it. It was moderately soft. Returned to the house, and arrested the prisoner Margaret Brown for con-cealment of birth of a child, and cautioned her. In answer to his question, she said she was con-fined in the privy, and had deposited the child in the large hole of it. Went again to the privy, and saw an appearance of something having been dropped in the large hole. Prisoner said she did not know whether the child was dead or alive when it was born. Having to attend the Police Court he left the prisoner in charge of a constable. The Coroner here remarked that he should have been glad if the prisoner could have been present; but the Jury must be aware that a woman that had been confined the previous day was not in a con-dition to attend. He had sent a constable to tell her that if she wished she could employ counsel to question the witnesses, but she had said that she had no money to do so. In answer to other questions, Corporal Sullivan said he had heard that the prisoner was not a married woman. He had had no time to take the child from the soil, as he was compelled to go on duty to the Police Court. Jane Hughes stated that Margaret Brown had been living with her for four weeks last Tuesday. Had not noticed that she was in the family way, but had been told by neighbours that she was. Had asked her it she was, and she said "Time would tell, she had been bit once, but would not be bit again." On Wednesday morning at break fast, at about half-past 8, noticed that she did not take any. Afterwards went out into the yard, and as she came in the prisoner went into the privy, where she remained about 20 minutes. When she came back to the room door she was covered with blood. Asked her what she had done, and she did not answer until she (witness) had asked her the third time, and then she said she had had a miscarriage. Asked her where it was, and she said it was down the closet. Went and looked, but could not see it. Told the prisoner she should have to fetch a policeman, but she made no reply, retched Corporal Sullivan, and after that asked her for the truth, and she said she had put the baby down the closet. Prisoner was a single woman. She had been a servant at the Globe Hotel, Gawler, and had had a child before this that was alive now. Sergeant Everdell said at a quarter to 11 o'clock on Wednesday morning from information he re ceived, he and Constable Marron went to Chatham street to the house occupied by the last witness. Saw the prisoner there, and told Constable Marron to take charge of her. Went for the nightman, Francis Lott, who returned with him and assisted him to get out the child. Took it to the Hospital. The child the Jury had viewed was the one he had discovered. Corporal Sullivan, recalled, said he had put a stick in tbe soil of the privy corresponding with the one the previous witness had seen. Francis Lott corroborated the evidence given by Sergeant Everdell as to the finding of the body. He thought the child had been put down the hole of the closet and pushed underneath the floor. The sod there was soft enough to smother it. Dr. Corbin. Assistant Colonial Surgeon, deposed that he had made a post mortem examination of the male child that had been sent to the Hospital the previous morning. Found that it had breathed ; but the lungs were not fully inflated. Was quite sure the child had breathed. Hemorrhage from the navel-string might have produced death. From the paleness of the body that was the conclusion he had come to. Should say the child had been born at full time. The Coroner then read the evidence to the Jury, and commented upon it, pointing out the different statements which according to the depositions the prisoner had made regarding the birth of the child, and its being found in the closet. He read extracts from the laws on murder and man slaughter, stating that he thought they must bring in a verdict of one or the other. It they found that the prisoner had premeditated destroying the child before it was born it would be murder, but if they believed she had not, it would be man slaughter ; or that she had accidentally dropped the child, the offence would be concealment of birth. He, however, was of opinion that there was quite sufficient evidence to justify them in bringing in a verdict of manslaughter. The Jury, after a short deliberation, returned a verdict of manslaughter against Margaret Brown. The Coroner then, as the prisoner was not pre sent, issued a variant for her apprension, that she might be brought before the Police Magistrate when thc Colonial Surgeon certifies that she is in a fit state to appear.

DROWNING AT KAPUNDA. An inquest was held at Crase's Hotel, Kapunda, on Wednesday (5th). before W. Oldham. J.P., and a Jury of 13, of whom Mr. K. Cameron was chosen foreman, to enquire into the death of Mr. J. M. Richards, late correspondent to the Advertiser and Chronicle. After viewing the body, which was re-moved for convenience to Crase's Hotel Corporal O'Brien, mounted police, was sworn, and deposed as follows :— Yesterday evening, between 7 and 8 o'clock, I was told a hat had been found in the dam on Monday morning. Ascer tained the name of the boy who had found it, and got possession of it. I recognised it as one worn by the deceased. In consequence of this informa-tion I, in company with two other troopers, got a grapnel and ropes, and commenced to drag for the body. In crossing the dam the second time I hooked the body and drew it to shore. It lay on the bottom, about six yards from the embankment, recognised it at once as the body of Mr. Richards. I searched the body aud found thereon in the coat side pocket a bottle of colonial wine, and also some papers and photographs in the breast pocket I found nothing whatever to throw any light on the supposi-tion of his having committed suicide. One of his daughters came to the Police Station on Monday to give information of his being missing, and also on Tuesday to say nothing had then been heard of him. By a Juror— The body was in about 10 feet water at the bottom of the slope of the embankment. William Tremain, sworn, said— Have seen the body of .the deceased, and recognise it as that of J. M. Richards. He came to my place on Satur-day last, and said unless he did some business for me (which I wanted) on Sunday he would be unable to do so at all, as he had to go to Riverton on Monday to report a meeting. Saw him on Sunday about 9 o'clock at my place, till about 4 or 5 in the afternoon. He asked me for a bottle of wine, which I gave him when he went home. His son was with him all the time.. The bottle produced was like the one he had from me. He said, when leaving-' Now, Billy, your property is for sale, and I am sorry for it. You are the best friend I have; you and I are old mates.' Neither of us had been drinking much. We had two glasses of wine each. We did not empty a bottle between us. We had not been to a public-house, nor did we send to one for any drink. Believe he was sober when he left my house. By a Juror— Did not make use of any threat about committing suicide. By the Foreman-Drank the wine when he was writing some papers for me. I did not leave the house with him; his son went with him. Tobias John M. Richards, son of deceased, said he understood the nature of an oath. Was 18 years old. Sworn, said— Am the son of deceased. Saw my father last alive on Sunday about about 7 o'clock, aud was at home at the time. ' Had been with him part of the afternoon at Tremain's. Left there at about 6 o'clock, or a little before. My father was not sober then. Went direct home from Tremain's. My father was not sober when he left Tremain's. He was able to walk home. He stayed at home till about half-past 7. Left at that time. I did not see him leave. He was kicking up a row when at home with my mother and sis-ters. Did not hear him make use of any threat before leaving. He did not return again after leaving at that time, I did not go with him to Tremain's in the morning. Both him and Tre-main were drinking wine when I was there. Do not know how much. Do not know what the quarrel at home was about, as I was not inside when it commenced. By a Juror- I went out on Sunday morning and brought in his horse, as he said he wanted it to go to Riverton on Monday. By another Juror— Took the horse to Tremain's stable, and then went inside to look for my father, and stayed with him during the rest of the day. Mrs. Richards, widow of deceased, sworn, said Saw my husband last alive on Sunday last, about half-past 7 o'clock. He was at home about an hour and a half. He was quite intoxicated when he came home. He had nothing to drink at home. He brought a bottle of wine home with him. The children took it away from him, and hid it. I asked him to have some tea, when he appeared, to bo pleased and cross by turns. He was strange in his conduct. He asked me if I was going to an entertainment I said, 'No; it is the Sabbath,' and he then got quite cross. Tried to persuade him to have something to eat and then he would be better. He threw the tea things about as if he did not know what he was about. I got frightened, so put out the light, and myself and daughters then went outside.' Could hear him talking inside. Did not know what he said more than he would go outside and watch them. Saw him go out, but did not see which way he went as it was then dark. No one went with him. The bottle taken from him is at home still. He did not get that again. Do not know if he had a second one with him when he came home By Foreman— Thought he returned to Tremain's. Her daughter had been told by Mrs Tremain that he had been there when she (Mrs. 'Tremain) was at chapel. By a Juror Did not know he had

the photographs (produced) with him. He was not ihabit of carrying them about with him. He must have taken them in the dark and put them in his pocket. He left his watch (which he had got at Tremain's) at home. It had been left at Tremain's as security for debt. He said Tremain was to give him a pound next morning.' Did not hear him make use of any threat. He shook hands with one of his children, and he said she would never see him again. He had said so many times before so I took no notice of it He could swim. He had not been drinking before he went out to go to Tremain's, and on going out he pro-mised me he would not taste. Had before made threats of making away with himself. He has frequently told me tha' lie has lost his way at night when returning from meetings. He has a sister living across the creek in the direction of the dam. Thomas Hoare, sworn, said-Have seen the body, and know it as that of J. M. Richards. Saw him last alive between 8 and 9 o'clock on Sunday night last near Tremain's house. He was near the fence. Spoke to him. He was not sober. Appeared as though he had just come out of the house; Am sure it was him, as he spoke to me He said, 'Is that you, Thomas?' I sail, 'Yes Is that you Mr. Richards!' He said, 'Yes,'' I passed on, and he remained. I saw no more of him after that. Miss E. J. Richards, daughter of the deceased, examined, said— On Monday morning went to Tremaine's to ask after my father. 'They said he had been there on Sunday. and left at 6 o'clock. I went again same evening, when Mrs. Tremain said he had been there when she was at chapel in the evening. Mrs Tremain told me my father was in drink, and she had given him no money but some wine. By a Juror-We thought that my father had walked to Riverton, so we did not feel very anxious abont him. The fact of his being in drink led us to think so. John Bevan, shepherd boy, not sworn, said he found a hat in the dam on Monday morning about 8 o'clock. That produced is the one. It was floating about in the water. ' William Tremain, re-examined, said - Richards left my place before dark. I did not see him again. My wife did not tell me he came back again. My

children were at home with me when my wife was at chapel. I did not give him a second bottle of wine. I did not see him between 7 and 8 o'ciock. I was not out in the evening. I was at home all the time. I was as sober then as I am now. I gave him a watch and £1 in silver. I had had the watch in my possession about eight years. I ad vised him to give it to his son. The watch was left with me by deceased as security for a debt. I did not say Richards was in drink, or that I did not give him money. I was quite sober on Mon-day and at work. I was also sober on Tuesday, but was not at work on that day. It was about 3 0'clock when I gave him the money. His son was present. Gave him the watch at the same time. Corporal O'Brien here stated there was no money on the person of deceased when his body was searched. T. J. Richards, re-examined -I saw no money given to my father by Tremain. Saw Tremain give a watch. Am positive he got no money at the time. Was close by all the time. Tremain was very drunk. He could not stand. He fell down by the side of the fireplace. By a Juror -Don't think any money could have passed from Tremain to my father wuhout my seeing it. My father told me Tremain had to give him some money: When Tremain gave my father the watch he said. "Here, Richards, here's the watch." He said nothing of any money. Dr. Blood, legallyt qualified medical practitioner, said he had examined the body. Knew it to be that of Mr. J. M. Richards. Can find no mark of violence on the body. Death was caused by drown-ing. Had known Richards a long time. When intoxicated he was in the habit of walking very rapidly, and in a most careless manner. Think it very probabable that he had walked accidentally into the dam. Knew the place; there is nothing what-ever to prevent anyone walking into the water-no fence. By a Juror-Had there been a fence it is probable it would have stopped the deceased. Have myself frequently in dark nights had a difficulty in finding the proper crossing-place. A drunken man would not be sobered by being immersed in water. The corpse does not present any appearance of the least struggle whatever having occurred. . Mr. Elliott here stated that the deceased had fre quently told him that in passing near the dam on dark nights he was afraid of falling iute it. as the place was so dangerous. Corporal O'Brien said he had made enquiries throughout the town, but could not hear of the deceased having been in any public-house on the Sunday. Mrs. Tremain examined-Was at home on Sun-day last. Went to chapel in the mornibg, and also in the evening. My husband was at home when I returned from chapel in the morning, and also Mr. Richards. They were in the little room. Mr. Richards was writing. He went out, and said he was going to dinner. He returned again. Do not know how long he was away. My husband and he were again engaged with business. I went to a neighbour's to tea, and left them and also Richards's son. I came home again before chapel time. Richards had then gone. Both he and my husbind had been drink-ing wine. Do not know how much. Do not know if they were drunk. Tremain was asleep when I came in. I went to chapel. I did not see Richards again. My daughter told me after I came back that Richards had returned in my absence. Do not know if my husband gave him any money. I did not see the watch given by my husband to Richards. My husband could not have given money without my knowing it. I usually keep the cash. There was no silver lying about the house. My husband said be would give money to Richards- £1. My daughter told me when I re-turned from chapel that when Richards came in my absence he took a bottle of wine off the table. I also know that Richards had another bottle of wine from my husband before. The Coroner summed up, and the Jury returned a verdict of found drowned, adding as a rider— ' That it is the opinion of the Jury that the dam in its present condition is dangerous to human life,' with a request to the Coroner that he communicate with the Municipal Council as to the dangerous state of the dam and other unguarded places in the town.