COMMITTAL FOR MANSLAUGHTER.

An inquiry before K. Cannan, Esq., Coroner, how Daniel Cusack came by his death, was held at McAdams’ Hotel, last Monday week, and postponed until Tuesday morning, for further evidence. We gave the names of the jurymen in the paragraph noticing the event, and were restrained, by prudence, from giving the evidence until it was known how the inquiry would terminate. The first witness was:

Bridget Cusack, wife of the deceased, who said, my husband was well up to the Monday night. On Monday evening, 30^th May, I was out with him with his dray. He came home, went out afterwards, and did not return all night. When I came home on Tuesday morning, after having been up street, I found him sitting, in a doubled up posture, on a box in the bed-room. I said, "You drunken sweep, where were you last night?" He replied, "Wherever I was, I am nearly dead." He was often out all night. I helped him to bed. He seemed very ill, and pointed to his belly. He said he had had a kick on the side, but did not know who had given it to him. Clarke, he said, had got him down, and knelt upon him with his two knees. His belly was much swollen, he grew worse; was constantly vomiting, and complained of pain. I went to ask Dr. Cannan to attend him, as a medical man, but he said he did not like to come in such a case, he being the Coroner. Dr. Bell attended on the Friday, and until his death. He died on Saturday evening, about six o’clock. He used to take a little drink, and was often drunk.

Mr. Lilley appeared to watch the case on behalf of Clarke, and objected that the statement of the deceased, as to Clarke, was not evidence.

By the Coroner: I cannot say anything for or against Clarke, only what my husband told me. My husband was in the habit of going to Clarke’s, but I do not know of any falling out or grudge between them.

Mr. Lilley asked the wife a question. The Coroner stopped him, saying he might take down what was said, but he must not interfere beyond that point.

Patrick Cosgrove: I came down to Brisbane on the day in question, got drunk, and went to bed. Next morning I saw deceased talking to Clarke, and deceased said, "it is all my fault." I do not know what they were talking about, as I heard no row. I was sober on the Tuesday, and went away.

By the Jury: I did not, that I know of, mention anything at Scanlan’s. I knew the deceased; sometimes he was very quarrelsome; when he was drunk he did not used to fight but argue.

Cecilia Wynn: I live opposite to Clarke’s. Deceased was at my house on the Monday night an hour and a half. I gave him one glass of rum, and believe he was sober enough to go home. When a man can walk, as he could do, I do not consider him drunk; but I have often seen him drunk. I saw him next day in his own house and he seemed very ill. Biddy gave him a glass of punch, but he fetched it up. He said, "oh, Biddy, think the bottom of my stomach is broke, and old Clarke has done it." He said Clarke and he had a few words about some casks of water, that Clarke tripped him up, put his knees on him to keep him down, and then a big man, whom he did not know, came behind and kicked him between the shoulders.

By the jury: The dead man said he got hold of Clarke by the throat, Clarke got hold of him, they struggled, and the big man kicked the deceased.

Thomas Hamilton: I am a bushman. I saw deceased on the night in question, on a form in Clarke’s house. Clarke helped him up, and advised him to go out quietly and make no noise. Clarke got him out as far as the parlor peaceably. I thought they were friendly. Deceased grew rusty, caught hold of Clarke by the necktie, they struggled, and I believe they both fell, but I could not see what happened afterwards. Clarke did not, as far as I am aware, use any unnecessary violence.

By the Jury: There was no one engaged in the quarrel beside Clarke and the deceased. Clarke might have injured the man outside, without my seeing. I have talked with Clarke since about the matter. I was not very sober at the time.

John Fitzgibbon: I saw deceased in the back room at Clarke’s about ten o’clock on the night in question. He was on the floor. He spoke to me right enough. He said he was killed, his sides were so sore. I tried to lift deceased up, to get him home, but he could not walk. I put a pillow under his head, asked Clarke’s son how long he had been there, and he said he fetched deceased in from the verandah. I saw him next day at his house. He said Clarke and another man had beat him. I saw him every day till he died, but he did not say anything more.

By the Jury: Clarke and I have talked about it. It was past ten o’clock - the house was closed, but we were served with drink in the bar.

William Clarke, the landlord, was called. Mr. Lilley wished to know if there was a dying deposition? If so, it was only fair it should be read, so that, if there was any charge to be preferred against Clarke he might not criminate himself.

The Jury dispensed with Clarke, and the medical evidence was given.

Dr. Bell: I am a legally qualified medical practitioner. I saw the deceased on Friday night for the first time. He was in great pain. The abdomen was much swollen with the symptoms of peritonitis all over the abdomen. I treated him for this. I saw him again about half-past ten the same night. There was o improvement. The following morning there was less pain, but I had very little hopes of him. On the following day I saw him four times. He died in the evening. I made a post mortem examination. There were no marks of violence externally; there was a little fulness at the pit of the stomach, such as is common in persons somewhat advanced in life, and when there is fluid in the abdomen. Death was caused by inflammation of the peritonium. On opening the abdomen, the intestines were all glued together, and to the parites of the abdomen. There was no ecclymosis - no air in the abdomen. The liver was uninjured. In separating the small intestines a small quantity of air escaped, I think from the force used in the examination. I do not think it existed before death. A man falling with his knees upon the stomach might produce inflammation. Such as this might come on in persons of intemperate habits, without any violent external cause. Inflammation of the peritonium will follow violent external injury, without showing external marks. He told me he thought it arose from somebody falling on him with his knees, mentioning Clarke’s name, and another. I believe he knew he was dying a short time before he expired.

By the Jury: Would not a spare man show a blow?

Dr. Bell: A man who is full of beer may be hit as you would hit a bladder, without the mark being seen.

The inquest was then adjourned.

SECOND SITTING

The Jury had been called for Monday night. Some mistake had occurred, and the adjournment was made until Tuesday Morning.

John Crouch: I am a labouring man, and live at Laidley Creek. I was in Brisbane on Monday fortnight, and stopped at Clarke’s . I did not know the deceased, but I saw a man there called Daniel Cusack. I did not see him drinking anything there; but he was very tipsy when he came in. He came in about seven o’clock, and sat about three hours on a form, till the clock struck ten. Clarke then went to him and roused him up. I was sitting on the sofa when they came bustling by, when I saw Cusack take hold of Clarke by the necktie, and give it half a twist round. They went towards the door. In the struggle Cusack fell back and Clarke fell on to the top of him. They went out on to the verandah. Clarke rose up, came in and shut the door, leaving Cusack on the verandah. I stopped there all the night. I did not rise from my seat to go and see after any of them. There was no row, and I did not think there was any thing the matter between them. I did not think Cusack was hurting Clarke. I did not see much angry feeling in putting him out.

By the Jury: I did not see Clarke’s son there. I was there all the time, and did not go out. There was no one went out of the house, but the deceased and Clarke. When Clarke came in he said the poor man is out now, he can go home.

Thomas Huntly Brown: I am a carpenter, and live at Wivenhoe. I was in Brisbane on Monday fortnight last, and was stopping at Clarke’s inn. I saw a man there, but I did not know his name. The man was asleep at night. I saw the landlord trying to rouse him up, as he wanted to close the house. The man would not go at first, and Clarke put him out by force. On taking hold of him the man caught hold of Clarke by the necktie, and gave it half a twist round Clarke’s throat. They got to the door in that position. Then a man fell, and the other on the top of him, and a voice sung out, "I am kilt." The only remark made by Clarke was, "you have had nothing to drink here, and where you had your drink, there go and sleep." I went and saw the man on the verandah. He was groaning, and sung out he was "kilt." I did not see him taken into the house; the reason why he was taken in was, Mrs. Clarke said, if the police came past, and saw the man lying there, Clarke would be fined. Did not see or hear anything of him afterwards. I left on Thursday. Did not hear a word of it until that time. When I was leaving Clarke told me he should call upon me if anything was the matter, and I replied, "you will be puzzled to find me."

By the Jury: I should think Clarke was sober at the time.

By the Jury: If the man was so drunk would he be able to pull such a man as Clarke down on him?

Witness: I cannot say that. I know he was tipsy. Clarke’s son did not interfere with it at all.

Edwin John Sealy: I am a carrier and farmer, and reside at Little Ipswich. On Monday fortnight I was stopping at Clarke’s Hotel in Brisbane. (Witness detailed the appearances of the man Cusack and other circumstances, the same as other witnesses.) Clarke went to put him out, when the deceased caught hold of his necktie. Clarke said, "Dan, you are not going to choke me?" Clarke said "let go," and made a motion once or twice to strike him, but he did not do so. When they were out of the door, whether the man pulled Clarke down, or Clarke threw him down, I cannot say, but he did not leave go of the necktie. Soon as the man was down Clarke put his knees on the man and tried to get him from the necktie. When Clarke put his knees on the man he loosed his hold on the necktie in a minute. Clarke came in, and the man called out, "oh Lord," or "oh God, I am killed," or "I am kilt." I saw the man in a few minutes lying on the verandah. He turned himself over once partly, while I was there, and said, "I am hurt." I saw he had the appearance of a drunken man. I heard some say, afterwards, he was taken into a backroom. I think I left Mr. and Mrs. Clarke in the verandah when I went into the long-room. I think if anybody had hold of my necktie in such a manner, I should have done my best to have made him let go.

By the Jury: I do not remember Clarke making any remarks when he came in. I do not think he would have hurt Clarke if he had hit him. I think the man was drunk. I have told the truth in this case, as I should do if my own brother was concerned in a similar manner, Clarke asked me on the Thursday morning to give my name as, if I was wanted, he should send for me.

The Jury, after a consultation of about half an hour, returned the following verdict: "We are of opinion that Daniel Cusack came by his death through the injuries received at the hands of William Clarke on the evening of Monday, the 30^th May."

The Coroner then issued a warrant for Clarke’s apprehension.

(Queensland State Library, MFL 9941 Roll 3)

The circumstances attending the death of Daniel Cusack are so recent that we need not do more than recount the decision.

William Clarke, who was out on bail, appeared to answer the charge of having killed Cusack, by putting him out of his house, the Royal Oak, in Brisbane.

Mr. Pring prosecuted, and Mr. Blakeney defended, instructed by Mr. Lilley.

There was not much interest manifested relative to the trial, as the general opinion was that the charge would not be substantiated.

The only witness called was Mr. Henry John Sealy, who was, at the time of the occurrence, staying at the Royal Oak.

Henry John Sealy Was staying at his house on 30th May.  Saw a man sitting in the bar between seven and eight, tipsy to appearance.  After supper, was in long room; heard a noise; went into next room to the bar.  Clarke and the man were coming into the doorway of same room; had hold of each other.  Clarke said "come Dan, go home:  don't make a fool of yourself."  Dan caught hold of Clarke with his left hand and struck Clarke but not heavy.  Clarke said "Dan, are you going to choke me?"  Clarke put his hand up to his own neck to take away Dan's knuckles, putting Dan along into the verandah, the man holding on. Clarke gave a slew, the man fell on the verandah, bringing Clarke down with him.  Clarke put his knee on him when Dan let go his hold.  Saw no blow given.

Mr. Pring said he would not proceed any further with the charge.

His Honour expressed himself satisfied with the intention of the Crown Prosecutor, and said Clarke would leave the court without a stain on his character, as publicans had a right to eject drunken men, and that Clarke had acted only with a desire to force the deceased out of his house.

By direction, the jury returned a verdict of Not Guilty.
 

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