STABBING AFFRAY AT SOUTH DUNEDIN.
ONE MAN KILLED.
TWO ARRESTED.
At about a quarter to eleven o'clock on Saturday night it was reported to Constable Dale, of the South Dunedin Police Station, who was on duty in the main street, there was a row in Jones street, at the house of a Mrs Greaves, the wife of Nathan Greaves, who not long ago kept the Mornington Hotel, but is now working up country.
The constable started at once for the place, and on arriving in front of the house he found two wounded men in the street. One of these, William Mudge, was on the path, being supported in a sitting posture by Patrick Casey, a carter living in the neighborhood. Casey said that the man was stabbed in the leg, and the constable looking down saw that blood had proceeded from the inside of the left thigh. He requested some of the bystanders to bring him a pair of scissors and a sheet. The scissors were brought and some strips of calico; and the constable ripping open the trousers leg found a puncture in the flesh. Wiping the wound he saw that it was not then bleeding, and the conclusion he came to, naturally, was that the incision was merely a flesh wound. He bound it up as well as could be with the materials at hand, and sent a young man named Charles Harley, who was standing by, to Sergeant Brown, asking him to send for a doctor and to come himself. This reason for despatching a messenger was that there was no handy means of telephonic communication. Having done this, the constable was about to turn his attention to the second wounded man when he discovered clots of blood about the street. It was then that the seriousness of Mudge's case suggested itself. Constable Dale went back to where the man was lying still, as ordered, and lifted the bandage to make sure that there was no further bleeding. During this second examination he noticed that Mudge was turning deathly white, evidently through loss of blood. Another bandage was then applied to make quite sure that there should be no further bleeding, that was all that could be none in the meantime. Sergeant Brown then arrived on the scene, and asked the constable if there was any bleeding from the wound. The bandage was lifted for this further examination, but no bleeding was seen. The bandages were then replaced. By this time a man named Stevens had arrived with the trap ordered by the police, and Mudge and the other man were placed therein, and sent away to the hospital, accompanied by Constable Dale, James Oliver (a cabman), Edwin Alexander (cab proprietor), and Magnus Johnson (a laborer).
The second wounded person, Chas. Ashton, a married man living in Jones street, was also examined before being taken away, and it was found that he was bleeding freely, having been stabbed in the front of the right thigh, on the left wrist, and also on the side of the head; but his injuries did not appear to be of anything like so serious a nature as Mudge's. They were both away before Dr Macpherson, who had been called by one of the messengers, put in an appearance. As a matter of fact, these occurrences all took place within a very brief period, before the doctor could possibly arrive, although he used all expedition after being informed that his presence was required.
Mudge died in the hospital within about twenty minutes of his admittance. He only rallied once, and then but for a moment, to indicate that he wanted a drink of water. No other remark was made by him. He fainted away rapidly.
Such are the leading facts of this affair as far as they relate to the injured men. The other side of the story, as regards the cause and the manner of the affray, is less easily traced, and those of the facts that are fairly well established are not quite clearly connected in all particulars. But this seems to be something like the tale so far as it can be told. Richard Dobson, an ironmoulder, was visiting Mrs Greaves's house, being friendly with the landlady, and had stayed there the night before. Another man, named Eberhardt Kufner, a bootmaker, belonging to Filleul street, knowing Dobson, had accompanied him to the house, where two other women were also living, and these men were going backwards and forwards, to and from the house, two or three times during the day, drinking. The last time they returned was about 10.30 o'clock at night, and on going round to the back entrance they found there two other men, Mudge and Ashton. The latter lives next door, and he is nephew to Mudge. The supposition is that they went to Mrs Greaves's house either by mistake or more probably for a lark. Mrs Greaves was in bed when Mudge and Ashton came and rapped at the window. She would not let them in, and was prevailing on them to go away when Dobson and Kufner appeared on the scene, as narrated. Dobson said to the other men "I have been listening to you fellows; you have no business here; you have come here to annoy a respectable married woman." Then a row began between the four of them, and the noise attracted others, passers-by, to the spot, there being several persons about at the time.
Two of these, Samuel Counter (a bootmaker who lives hard by) and John Scoullar (a laborer, also a neighbor) were seeing one another home, and when they reached the corner of Jones street and Bay View road, near Hutton's hotel, Ashton passed them and went on ahead. He had an altercation of some sort with Dobson and Kufner, and either just before or just after that the accused set on to Counter and Scoullar. The accused, it is said, then followed up Ashton. Mudge and Oliver were standing at the earner of Prince Edward road and Jones street, when Mudge said to Oliver: "You stop here and I'll go and see Charlie (meaning Ashton) safely home." Mudge had not been gone long when he sang out "Oliver, I'm stabbed." Then a rush was made for the spot, and the first to get there was the lad Harley, who says that he saw knives being freely used, the Dutchman (meaning Kufner) slashing at Mudge and Ashton. Magnus Johnson, a neighbor, was in his house when he heard Ashton's voice, and, looking out, he saw a low-sized strange man following him. This man, who spoke with a foreign accent, said: "He struck me and broke my pipe when I was not prepared for him. By my God, let him come now. I'm prepared for him. I'll knife him." Johnson also heard another man say "My God, if I only had my pistol!"
The events narrated in the last paragraph occurred prior to and partly during the row, and Sergeant Brown heard enough to warrant him in proceeding to Mrs Greaves's house, where he found Dobson. Being spoken to about the affray, Dobson said: "Yes. I did it in self-defence. I only protected a woman. Seven of them got on to us." A search resulted in the sergeant finding in Dobson's possession a pocket-knife with blood stains on it. When this was taken from his pocket Dobson remarked : "Yes, that's my knife, the one I used in self-defence. I'll tell the truth if I swing for it. A man can only die once." Coming out of the house, Dobson recognised Mr Absalon Smith, who was among the bystanders, and said: "This is Absalon Smith; you know me." Mr Smith replied: "I know the face, but I don't recollect your name," or something to that effect. "Well," said Dobson, "I did it in self- defence. There were seven set on to me. They called the woman Greaves bad names. I only protected a woman. I would do it again if I hung for it. A man can only die once." Dobson was thereupon conveyed under arrest to the Central Police Station. The sergeant then sent back the trap in which he had taken his man to the station, despatching in it Counter, Harley, Casey, and Edwin Alexander. Counter knew the German who was wanted, and they said they would keep a look-out for him as they went along. As the trap turned a corner Kufner was seen, and the men jumped out, secured him, and took him into town, delivering him over to Sergeant Brown, who had intended to follow out to South Dunedin in continuation of the search. On being taken into custody Kufner denied all knowledge of the affair.
THE ACCUSED BEFORE THE COURT
The two accused were brought before Messrs J. B. Thomson and H. Gourley, J.P.s, yesterday morning, and charged with the wilful murder of William Mudge, and with unlawfully wounding Ashton.
Inspector Pardy stated that the trouble arose out of a drinking quarrel in South Dunedin. Mudge had died shortly after the affray, and Ashton was lying dangerously ill at the hospital. As the accused were arrested only the previous night, and it would take the police some little time to work up the case, he (the inspector) would ask for a remand till Saturday.
Mr Hanlon, who appeared for the accused, said that the application was perfectly reasonable under the circumstances, and he would offer no objection to a remand. He would ask, however, whether their Worships would entertain an application for bail.
Mr Thomson said they had no power to grant bail.
Mr Hanlon observed that that was not the case.
Mr Thomson said that it had become the usage not to allow bail in such cases.
Mr Hanlon admitted that that was so, and said he would not press his application.
Accused were then remanded in custody.
THE INQUEST was opened at the hospital at ten o'clock this morning before Mr Carew, coroner, and a jury consisting of Messrs James Robin (foreman), James McQueen, Henry Spears, David Bacon, Philip Henry Brady, and Philip Richard Tiltman.
Inspector Pardy was present on behalf of the police, and Mr Hanlon appeared to represent the two men under arrest, Dobson and Kufner.
The Coroner, in opening the proceedings, said: We cannot get through to-day, gentlemen. The object of opening the inquest this morning is that the body may be examined and then that an order of burial may be made. The proceedings will then be adjourned to some future day.
The jury viewed the body.
Inspector Pardy asked Dr Hogg when he thought Ashton would be fit to give evidence. That witness would probably be subjected to a lengthy examination.
Dr Hogg answered that he thought Ashton had better be left till next week. He had lost a good deal of blood.
The Coroner fixed the further hearing for Wednesday, the 3rd January.
The only witness called was Edwin Alexander, who said: I am a cab proprietor residing at South Dunedin. I saw the body just shown to the jury, and I identify it as that of Wm. Mudge. We were schoolfellows together at Ramsbury, in Wiltshire. He was never married. He was born at Wiltshire, and had been in this colony for about twenty-one years. His occupation was that of a cab proprietor, and he resided with his sister at South Dunedin. His age was forty-three last June.
No questions were put by either the inspector or the jury.
The Coroner said that that was all to-day. He would have to bind the jury over in the sum of £100 each to appear at the Resident Magistrate's Court on Wednesday Week, at ten o'clock.
On inquiring at the hospital this morning we learn that Ashton's condition is in no sense serious. Dr Roberts has been instructed to make a post-mortem examination of Mudge's body. -Evening Star, 26/12/1893.
A CHRISTMAS EVE TRAGEDY.
FATAL STABBING AFFRAY IN DUNEDIN.
TWO MEN ARRESTED FOR MURDER.
(By Telegraph—Press Association.)
Dunedin, December 25. An affray which resulted in the death of William Mudge cab proprietor, and rather serious injuries to Charles Ashton, his nephew, took place at South Dunedin about eleven o'clock on Sunday evening, and Richard Dobson, iron-moulder, employed by Messrs A. and T. Burt, and J. Eberhartd Kufner, a German bootmaker, who keeps a small shop in town, have been lodged in gaol on a charge of murder.
It appears that Counter and Scoullar, two working-men were proceeding home, and hearing a noise in Jones-street they stopped. Presently two men rushed after them, saying, " We'll have them now."
One of the men seized hold of Scoullar and struck him. Scoullar retaliated and struck his assailant, and a struggle ensued.
The other man was about to strike Scoullar also, when two young men, named Charles Ashton and James Oliver, came up and prevented him doing so.
After the struggle between Scoullar and his first assailant had been put a stop to, the two men left, and Counter Scoullar, Ashton, Oliver, and a lad named Hurley stood where they were for a few minutes discussing the affair.
They were joined by Mr William Mudge, who decided to accompany Ashton and see him safely home. While they proceeded up the street the others still remained'.at the corner in case there might be any farther trouble.
Mudge and Ashton had not proceeded very far when a noise was heard, and the four men ran up the street and met Ashton, who said "I'm stabbed."
Mudge then rushed at the man who had stabbed his nephew, and the others at once heard him say "I'm stabbed."
James Oliver also rushed on the man, and received a stab from the knife over the right eye; but fortunately it is not of serious nature.
The two men who had first assailed Counter and Scoullar disappeared just as Constable Dale came upon the scene.
The constable at once looked after Mudge and Ashton.
Mudge was found to have received a stab in the groin, which was not serious, and another a little lower down on the left leg, which appears to have severed the main artery. Blood was pouring from this wound, and the man was sinking rapidly.
Constable Dale, with the assistance of Mr Casey, opposite whose house the affray occurred, and some other neighbours who had been brought out of their house by the noise, did what they could for Mudge, and also attended to Ashton, who was found to have been stabbed in three places, the thigh, the wrist and the side of the head. He was also bleeding freely.
Meanwhile Constable Bell arrived on the scene, and at once despatched Hurley for medical assistance. While he was away he made a few inquiries of those who had witnessed the affair, and proceeding to a house close by, arrested Dobson.
Constable Dale and Bell, seeing that both Mudge and Ashton were in a serious condition, decided to bring them into the hospital, and a conveyance being secured both the injured men were placed in it, and a start made for town. Mudge was at this time in a state of collapse from loss of blood, and Ashton was so weak that he fainted while being lifted into the trap.
On reaching the hospital, Dr. Macpherson having met the party on the way into town, the wounded men were at once attended to Mudge, however, was in a hopeless condition, and died in less than half-an-hour after arriving at the hospital.
Ashton is very weak from loss of blood, but his wounds, though serious, are not believed to be of a serious nature. He was, however, too weak to be questioned as to how he and Mudge came to be assailed.
As the wounded men were being conveyed to town, accompanied by those who had witnessed apportion of the affray, a man was seen at the corner of Oxford-street, who was recognised as the second accused wanted. He was at once seized by willing hands, and taken in charge by Constables Bell and Dale. He proved to be J. Eberhardt Kufner.
Richard Dobson,on being attested by Constable Bell, was searched, and on him was found a new pocket-knife, the point of which was stained with fresh blood.
Dobson at once admitted that he had used the knife in stabbing a man, but declared it was in self-defence. He made a statement, which is not yet available, that he drew the knife to protect a woman who had been set upon by about a dozen men. He declares he was knocked down before he used the knife.
Kufner was also found to have a large pocket knife on him when arrested. He is believed to have made no statement to the police. It is understood, though, on this point there is no evidence as yet, that both the accused men had been dunking more or less all yesterday in some private house in South Dunedin. Nothing was known against either of the men before the unfortunate affair which has had such a sad termination.
William Mudge, who died from the injuries received, was a quiet, inoffensive man. He was about 45 or 46 years of age, single, a native of England, and cab proprietor. Charles Ashton is a labourer by occupation. He is a married man with three children. -Thames Advertiser, 28/12/1893.
Researching the life of William Mudge, as revealed by "Papers Past" is complicated by the existence of a Dunedin tailor of the same name. Fighting at a city cab stand and being fined for allowing a horse to wander are, however, more the actions of a cabbie than a tailor. William's grave is shared by two others with the surname of Ashton. It would not be going too far to surmise that William's grave was bought by his nephew and fellow victim Charles.
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| Southern Cemetery, Dunedin. DCC photo. |
The following excerpt from the resumed inquest is interesting for its medical details - including the attempted stimulation of William Mudge's heart - to counter the massive loss of blood he had sustained - by use of saline injections, strychnine, digitalis and electricity.
Dr Robert H. Hogg deposed: On the 24th ult. I was house surgeon at the hospital. I was at the door when the express arrived with Mudge, between 11.30 p.m. and 12. I helped to see him out of the express. He was carried to the casualty room. I noticed then that he was in a condition of collapse and partly unconscious. I was told he had been wounded in the leg. Examining it, I found it wrapped tightly round with cloths at the thigh. I removed the outer bandages and lifted the edge of the inner one. On doing that the leg bled a little. I then put the bandage back in its place and put on a tourniquet. The position of the wound seemed to be in a line with the main artery of the limb — the femoral artery — and I put on the tourniquet as a precaution. I then removed the bandage. In doing so the wound still bled, and as I could not see the bleeding point I put wool in the wound to stop the bleeding, and put the bandage on over the wound again. He spoke once, when on the stretcher, just as he was taken into the room. He asked for a drink of water, which was given to him. That was all I heard him say. He became unconscious while I was putting the wool plug in the wound. I noticed that his pulse became very feeble just about that time. The wound was an incised one, a little over four inches long, extending from a point about six inches below the centre of the groin downwards and inwards for four inches in the direction of the inside of the knee of the left leg. The bleeding from the wound was venous — that is, not arterial. That is a description of the injury so far as I could see from an outside examination. I had the man removed from the casualty room to a ward. He died about ten minutes or a quarter of an hour after removal. It is possible that the knife produced could have caused the wound. There appears to be blood on the knife. From my outside examination I could not tell whether the artery was cut or not, but I judged it was not, because the bleeding had all the characteristics of venous bleeding. When the man was brought in, under the circumstances, the bandages then on were in the best position they could have been in. A medical man would probably have put on a pad as well, but there was only a little blood oozing through the bandages. A pad might have checked this bleeding more, but there was not much. The trousers leg had been ripped in order to apply the bandage. There were no other wounds on Mudge. The post mortem examination will show you better than I can how the wound was probably caused. Mudge was very restless while I was trying to find the bleeding point of the wound. We could not keep him steady. I sent for chloroform, intending to give it to him to keep him steady. Chloroform was in fact put on lint and put to his face, but it was immediately taken off, as I saw he was failing. My intention was to give him sufficient to stupefy him. After checking the bleeding I left the further treatment of the wound and devoted myself to remedying, if possible, the effects of loss of blood. He was given large doses of strychnine and digitaline to strengthen the action of the heart; these were injected hypodermically. His legs were bandaged to drive as much blood as possible into his body from his limbs, and it was at that time that I had him removed to the ward. I did that in order that I might put him on a bed to have his legs raised. He was given a large saline injection in order to replace the loss of blood, if possible, and I opened one of the veins of the arm in order to inject a saline solution into the vein. While I was doing that my assistants were endeavouring to stimulate his heart by a battery, and by hot and cold effusions to the chest. By the time I had opened the vein and commenced the injections the man had been dead about five minutes, so I did not proceed. I had four or five assistants helping me. I tried everything I knew to try and restore him. It was about half an hour after admittance that he died. Without seeing the post mortem, which I afterwards saw, I should say that the man died from syncope from loss of blood caused by the wound in the thigh. Dr Barnett performed the post mortem examination, and I assisted.
Dr Louis Edward Barnett deposed: I first saw the body on the afternoon of the 26th ult., at 2.50 in the hospital mortuary. I was there for the purpose of performing a post mortem examination. I closely observed the general appearance of the body. He looked about the age of 45 — a very heavy, powerfully-built man, in the prime of strength and vigour. The wound on the leg was 4 1/2in long. The deepest part of the wound was its upper extremity. I concluded that the weapon entered there. The wound became gradually shallower to the lowest point. At the bottom of the upper part of the wound there was a hole in the femoral vein. This vein lay about 2 1/2in from the surface, and the hole had gone right through the vein. The vein was not cut through, but perforated. The femoral artery, which lies in contact with the vein, was uninjured. There was a large graze of the skin over the left kneecap, but no other evidence of external injury. I then examined the internal organs. The body was almost bloodless, but all the organs were otherwise fairly normal. The stomach was almost empty, and there was no smell of liquor. All the organs of the body were in as healthy a condition as I should expect to find in a man of deceased's age. I attribute the man's death to loss of blood consequent upon injury to the femoral vein. That was quite sufficient to account for death, although the artery was not injured. The knife produced would be a likely weapon to cause the wound in the thigh. It would take the whole length of the blade to inflict the wound — the skin would give a little — and it would require to be used with considerable violence to penetrate so deep. Such a wound in such a vein would cause profuse bleeding. As much blood would come as if an artery was wounded, but it would not come so fast. Applied pressure to the bleeding spot should always be done first in cases of hemorrhage, and that was about the only thing that could be done in the street where the injury happened. So much blood having been lost I think the proper thine then to do would be to inject into the veins. I would do as Dr Hogg did — inject saline solution into the rectum.
Mr Haggitt: If half a dozen medical men were there in the street they could have done no more than the constable did?
Witness: No. I think from that wound a man would lose enough blood to prove fatal within 10 minutes — perhaps less. Of course he did not die in that time, but he could have lost enough blood to kill him in that time.
Mr Haggitt: Before they removed him from where he fell you think it was hopeless to resuscitate him?
Witness: I think so. I do not mean that the man would die in 10 minutes, but that from that wound he would lose enough blood to ultimately kill him.
Dr Hogg (recalled): I have heard the evidence of Dr Barnett with regard to the post mortem examination and I agree with it in practically every respect. I do not think there is anything to add to it. I agree that the cause of death was the bleeding from the vein in the thigh, of which Dr Barnett spoke, and that there is no other cause discoverable on the post mortem examination to account for the death. -Otago Witness, 4/1/1894.
South Dunedin Murder Case.
Dunedin, March 13
Good progress was made to-day with the trial of Richard Dobson and Eberhardt Kufner for the murder of William Mudge. Seventeen witnesses have so far been examined for the Crown, their testimony varying but very slightly from that given at the inquest. Mr Haggitt will call four more witnesses, including two doctors, and his case will be finished to-morrow, but the trial will not conclude till Thursday. So far there is no indication of the line of defence. After the Court rose to-day the jury went to South Dunedin and examined the locality.
March 14. The murder case was continued to-day. After the evidence, Mr Hanlon addressed the jury for the defence. Taking the evidence he said it was evident the men had been attacked and defended themselves from the larrikin push, who were at the bottom of it. The person who inflicted the wound was either half sitting or lying down, and it must be evident therefore that the intention was only to maim. The Crown had too much evidence; that of the man Hewett showed that Kufner and Dobson had been attacked and driven into a corner, until they turned and one of them stabbed. He thought the jury must come to the conclusion that their verdict could not be one of murder. The jury were in a corner, for there was no evidence of consort. There was quite sufficient evidence to convict Kufner if he were on his trial alone, and quite enough to convict Dobson if he were alone, but there was only one wound, and only one hand inflicted it, and this thing was reduced to an absurdity. He asked the jury to believe the evidence of respectable witnesses, and to disbelieve that of the larrikin push. He had only to offer the defence raised by one of the accused on the night of the occurrence — that it was done n self defence.
His Honor, in summing up, was brief. He explained what constituted murder, pointing out that drunkenness was no palliation. If there was a common intention on the part of the accused to commit an aggravated assault on Madge, then each would be a party to every offence committed by everyone of them in the prosecution of a common purpose. If there was an intention on the part of two to commit an assault, and if the infliction of a wound was or ought to have been known as the probable consequence of the assault, then both would be equally guilty. He did not say that if two persons agreed to give another a thrashing, and one without the knowledge of the other drew a knife and stabbed, both would be guilty. If, however, each was armed with a knife, or one of them was armed to the knowledge of the other, then if they united to assault, and a knife was used, and death ensued, both were guilty, and it was immaterial to enquire who struck the blow.
The jury retired at 5.15 p.m.
Later. The jury returned at 9.30 with a verdict of manslaughter against both the accused. The Judge, in passing sentence, said the jury had taken a merciful view of the case. The circumstances, as disclosed in the evidence, were sufficiently doubtful to justify them in giving the accused the benefit of the doubt. He then sentenced Dobson and Kufner to seven years' penal servitude. Both were then arraigned for unlawfully wounding Charles Ashton. Replying to the Crown Prosecutor, the Judge said he was not likely to increase the sentence. Mr Haggit suggested that the prisoners should plead guilty, but their counsel declined. The jury, by his Honor's direction, then returned a verdict of not guilty. -Colonist, 15/3/1894.
The Mudge case was the first murder defence for Mr Alfred Hanlon, who wrote in his "Random Recollections" that his nerves needed bouying up a little before the opening of his address for the defence and he whistled a little tune while in the robing room. His legal opponent, B C Haggitt, hearing him whistle, complemented him on his "wonderful nerve." Haggitt would not be dissuaded from his opinion of Hanlon's confidence and, after the address, congratulated Hanlon on a very fine effort, predicting the verdict correctly.
Eberhardt Kufner did his time and died in 1927. He is buried in Dunedin's Southern Cemetery, not far from the grave of William Mudge.
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