Thomas Richard Barnett, 1866-17/6/1903.

Inquest at Mossburn.

An inquest was held at Mossburn on Thursday on the body of Thomas Barnett, Sir G. F. Johnson, acting-coroner, presiding. Deceased, who was employed as a farmhand by Mr. John Reid, farmer, had, during Wednesday, in company with another, been carting oats to the siding at Mossburn. They had made three trips, each time having several drinks at the hotel, besides carrying away with them on one occasion a bottle of beer and one of whisky. They started for home about 5.20 p.m., after Mr McCaughan had refused to supply them with more liquor. Mr Reid, about 6 p.m., thinking that the men were late, went out to investigate. He found the two teams, one with the dray overturned in the ditch some distance from the gate, and the other (Barnett's) team was quite entangled. After some search Corbett was found near the ditch some distance away in a helpless condition and quite unable to give any account of the circumstances. The tracks of the dray were followed, and about 18 or 20 chains away the body of Barnett was found on the ground with the head resting on the right arm, and blood flowing from mouth and nostrils. The medical evidence was that death was caused by concussion of the brain and subsequent exposure. The jury, returned a verdict of "accidental death." The acting-coroner stated that in his opinion the accident leading to Barnett's death was entirely due to excessive drinking.  -Southland Times, 22/6/1903.

The Mossburn Fatality

A LICENSEE BEFORE THE COURT,

At the Magistrate's Court yesterday, before Mr S. E. McCarthy, SM., Archibald McCaughan was charged with, on the 17th June, being the licensee of the Railway Hotel, Mossburn, having unlawfully (1) Sold liquor to Thomas Barnett, who was already in a state of intoxication; (2) also to John Corbett, who was in a state of intoxication; (3) with permitting drunkenness on his licensed premises. — Inspector Mitchell prosecuted, and Mr J. Macalister defended. Accused pleaded "not guilty." Thy case arose out of the fatality which occurred at Mossburn on the 17th ult., resulting in the death of Thomas Barnett, and injuries to John Corbett.

Mr Macalister applied for an adjournment of the case. Although the information had been laid on the 9th inst.. the summons had not been served on the licensee until 10.20 p.m. last Saturday. At great difficulty and some personal risk, owing to the inclemency of the weather, he had managed to get to town on Monday, and consulted his solicitor about the defence. No time had been given to go into the case, which was a most important one. to the licensee. Counsel suggested that the case be adjourned till the 2nd at Lumsden. 

Inspector Mitchell admitted that the time was rather short, but the police should have been notified of the application earlier, so that the constable at Lumsden could have received instructions to countermand the subpoenas to witnesses. As it was, they were all present, and he suggested that their evidence for the prosecution be taken, counsel to waive the right to cross-examine at Lumsden if the case was adjourned there.

Mr Macalister said that he could not possibly have given notice in time to stop the witnesses. He  agreed to the course suggested by the Inspector, provided he had the right to cross-examine at Lumsden.

Inspector Mitchell stated the main facts to be proved in evidence, and called —

Detective McIlveney, who gave evidence from notes taken shortly after a conversation between accused, himself, and Constable Mathieson (Mr Macalister objecting). Accused said that he saw the men served with liquor in the morning, and did not see them again till 5 o clock in the evening at the hotel. He then called his mother out of the bar and locked it up, informing them that they would not get another drink that night. Barnett called Corbett to him, and they went away. Accused said he did not see anything wrong with the men; he refused them drink because he did not want to see them wasting their time. Accused said he was a good hearted man, though some other people did not say so. His mother was in charge of the bar during his absence, as he had no barman. Witness interviewed Mrs McCaughan in accused's presence, and she said that the men got one bottle of whisky in the morning, and a bottle of beer in the afternoon, besides drinks. Accused said that he could prove that there had been a runaway, but would not furnish the name of any person who had seen it.

John Corbett, farm labourer, in the employ of J. Reid, farmer, Mossburn, gave evidence that on Wednesday, June 17th, he was engaged with Thomas Barnett, now deceased, carting grain to the Mossburn railway station. Witness had two horses and Barnett a three-horse team, Barnett leading the way to and from the station. They took three loads, the first one in the morning between 9 and 10 o'clock. In company with two other men, named Roy and Stewart, they went over to the hotel, and had two drinks each of whisky, the defendant serving them. They then went back to the drays and unloaded. Witness then returned to the hotel with Barnett and a man named Ellis and they had one drink of whisky each; defendant's mother served them on this occasion. Witness bought a bottle of whisky from her, and they then returned to the paddock with their drays. They had a nip each out of the bottle with their lunch, loaded their drays, and before leaving for Mossburn had another nip each. Barnett then put the bottle away in the box of his dray, and they both drove back to Mossburn station, arriving there close on 12 o'clock. They went to the hotel again and Mrs McCaughan served them with another two drinks. Barnett also got a large bottle of beer, which they took back with them to the paddock, and drank there. Did not notice anything strange in Barnett's manner at that time; witness felt all right, but as if he had had a drink or two. They loaded their drays again and returned to Mossburn, reaching there about 4 p.m. or shortly after. Witness thought they went over to the hotel before unloading, and had a drink with two men named Duthie and Stewart, Mrs McCaughan again serving them. When they had a dray about half unloaded they were called over to the hotel again, and had one drink each with Duthie and Stewart. They then finished unloading and went back to the hotel, he could not say who with. They had two drinks as far as he could remember, Mrs McCaughan serving them. Could not remember how many drinks they had the last time, but about four in all. Saw the defendant in the passage of the hotel as they were about to leave. He locked up the bar and said that he would supply no more drink. Witness thought he was square enough, but could not say what state he was in; he was not sober. Did not take much notice of Barnett's condition. They went over to their drays a bout 5.15, and started for home. Barnett was in front with his team. There was a boiler stand at the railway to be taken to Mr Reid's farm, but witness could not say whose dray it was put in. He had only a hazy recollection of what took place after they left the hotel. Thought they both got into their drays to drive home. Could not say whether he stood up or sat down. Reid's farm was about one mile from the hotel. They had to go through five gates in all; deceased opened two of them on the way home. There was only one hotel in the district, about 100 yards from the railway station. The last witness saw of Barnett was when he was trying to open the second gate; noticed that he was not steady on his feet. Witness felt drunk at this time. Next remembers finding himself in bed in Reid's place, about 12 o'clock at night, and first became aware that his mate was dead. Did not remember having any drink on the way home. The road they were driving over was a good level one, and the horses were fairly quiet. Witness remembered getting out of his dray somehow or other, and had a faint recollection of the wheel going over him. This took place at the fourth gate leading to Reid's house. He had been in the hospital owing to his ribs being broken. Witness gave evidence at the inquest, at which defendant was present. Had a conversation with defendant next day. Defendant remarked that witness had said enough to put him away and make a case of it; that if all the witnesses were like witness and Reid he would go' sky high. Witness said he had to speak the truth, and had done it as far as he could. The bottle of whisky produced was similar to the one purchased at the hotel. When last supplied he was in a state of intoxication, on the drunken side. 

To Mr Macalister: Had driven horses before, but was not regularly employed at it. Barnett was going away for a holiday on the following Friday, and they were trying to get all the stacks carted to the station. There were usually three trips made a day. The horses had never run away in witness' time; a year ago the leaders had run away when they were tied behind a cart. These were the horses that Barnett had. Would not call them dangerous horses. Had nine drinks at the hotel that day, besides the bottle of whisky and beer. Could not swear positively as to what drinks Barnett had, or whether he had any other bottle of whisky. Would swear that Barnett had drink on the lost occasion; thought it was whisky. Before leaving the station they made everything there secure. Had heard that Mr Chewings had spoken to the licensee about keeping men from their work. The third gate had been burst open the wrong way could not say that the horses ran away, but it was quite possible they did. After the inquest McCaughan said that witness had said too much, but that he only wanted him to tell the truth. 

John Hood, railway ganger, and J. A. Beer, caretaker: of the Mossburn railway shed, gave evidence. They had noticed that Corbett and Barnett were slightly under the influence of liquor, but considered them capable of looking after themselves.

J Reid, farmer, gave evidence as to the finding of the body of Barnett in the ditch, and the apparent insobriety of Corbett at the time of the occurrence. T. McKenzie, labourer, gave evidence on somewhat similar lines. 

The Coroner's notes at the inquest were put in by Mr G. F, Johnson, acting-coroner; and the case was adjourned till Monday next, at Invercargill, Mr Macalister withdrawing the application for an adjournment to Lumsden.  -Southland Times, 15/7/1903.

POLICE COURT CASES

The Mossburn Case. 

Archibald McCaughan, licensee of the Mossburn Railway Hotel, was charged with selling drink to a person already intoxicated, and with permitting drunkenness on his premises. In this case the evidence previously taken showed that two men named Barnett and Corbett had been drinking at the hotel, and that after leaving there Barnett was killed in a dray accident and Corbett severely injured. The Magistrate, in giving judgment on Monday, found that there bad been a sale to Corbett while drunk, and convicted on this, fining defendant £2, with costs £20 16s — license to be endorsed. Mr J. Macalister stated that the defendant would appeal on the ground that no proof had been given that Mossburn was in a licensing district.   -Southern Cross, 1/8/1903.

Balfour Cemetery.