While David Simpson, assistant-sextant, was employed in the Roman Catholic part of the Southern Cemetery, at about one o’clock this afternoon, he discovered a while pine box roughly put together, containing the body of a newly-born female child, the box being buried in a heap of loose earth about 15in from the surface. The body was lying on a heap of straw, which was placed in the bottom of the box, and was covered with a number of newspapers and pieces of cloth. It was dressed in a newlymade calico gown, and had a white cambric handkerchief, with an indistinct name on it, around its head. Mr Simpson at once communicated with the police, and Sergeant Brown and Constable Bingham removed the box and contents to the South Dunedin Police station. It appears that shortly after the police left the cemetery George Magorian, a publican carrying on business at South Dunedin, called on the sexton with a view to purchasing some ground, and stated that he placed the body in the cemetery at one o’clock last night, intending to call this morning and purchase a piece of burial ground. At three o’clock this afternoon Dr Smith, who attended Mrs Magorian during her confinement, gave a certificate to the effect that the child was born yesterday and died from internal causes within a few minutes of birth. -Evening Star, 10/6/1898.
THE MAGORIAN-LAFFEY CASE.
CHARGE UNDER THE LICENSING ACT,
At the Police Court this afternoon, before Mr O. O. Graham, S.M., John Laffey, licensee of the Otago Hotel, was charged with, on the 18th September last, selling liquor to George Magorian while in a state of intoxication.
Mr Fraser appeared for the prosecution, and Mr Sim for tie defendant, who pleaded not guilty.
Mr Fraser said that he did not think it was necessary to open the facts at great length, as no doubt they had received certain pblicity through the Press some time ago. He would show that Magorian was very freely supplied with liquor by Laffe, and then on the question of knowledge by the landlord as to the condition of the man the suggestion was that he was supplied with liquor by Laffey for the purpose of forcing a sale on him - namely, the sale of the Gridiron Hotel. It would be proved by several witnesses that Magorian was staggering about in the street, that he then paid over the £100 deposit for the purchase of the hotel, and was afterwards supplied with more liquor. There was one particular fact in the case, and it was that Magorian signed the agreement of sale in the hotel, and the signature of that agreement proved indisputably that he was absolutely drunk at the time.
George Ruthven, farmer at the Taieri, stated that he met Magorian on the morning in question, and had two drinks with him at the Terminus Hotel, and three at the Provincial Hotel. Magorian was a bit muddled with drink then, and refused to have another drink with him.
Robert Goodison, horse dealer, said that he met Magorian in the afternoon. The latter was the worse of drink. They went into Laffey's hotel, and witness had just called for drinks when Laffey and Mr Irwin came in. They had two drinks each one with witness and one With Laffey. Witness left, and returned about half-past five in the evening. Magorian's two horses and trap were still standing in the street. Witness went into a room and saw Magorian, Irwin, and Laffey there. Magorian was then bad. Witness asked him if he would let William Alexander take care of his horses. Laffey shut the door on witness, saying " You can't come in." About a minute afterwards they came out of the room, and it was stated that Magorian had bought the Gridiron Hotel, A bottle of champagne was shouted at the bar, Laffey being present. Magorian was then drunk.
To Mr Smith: Magorian was sober enough to do business when witness left him the first time. He could see that he was drinking. Magorian could drink a good quantity and be none the worse for it.
Benjamin Curtis, tobacconist, carrying on business in Rattray Street, said that Magorian came into his shop between five and a quarter-past five on the afternoon in question. Witness said to him: "You are drunk George," Fea, Irwin, and Laffey were all standing at the door waiting for Magorian. Witness gave the latter a cheque for £100. The man was drunk; he showed it in his talk and in his walk.
To Mr Sim: He either said to Magorian "You are drunk" or "You have been drinking." He was drunk at all events. He did not remember saying in the previous case that Magorian could walk all right. If he said so he must have been wrong, because the man was staggering. He got the £100 back afterwards from Messrs Sievwright and James, solicitors for Magorian.
James Duncan, Saddler, better known, as Mr Fraser remarked, as "Jimmy Duncan, the footballer," said that he was in Mr Curtis's shop on the afternoon in question, Curtis was standing at his door with a cheque book in his hand. Witness saw Magorian, Laffey, Irwin, and Fea going down the street in the direction of Laffey's hotel. Magorian was rolling drunk, and, in witness's opinion, would have fallen down if two of the others had not been on each side of him.
To Mr Sim: Magorian was carrying enough drink for half a dozen men.
Mr Sim: How much could a footballer carry?
Witness: I would not like to say. Some footballers can't carry much and others can. — (Laughter.)
Alexander Bain, who was in Mr Curtis's shop when Magorian came in, said that Magorian was intoxicated.
George Magorian, farmer, said that he remembered coming to town on the 18th of September. He had a drink of whisky before leaving home. He drove a pair of horses and dray to town. He went to the Terminus Hotel, and there met Ruthven. He had two whiskies there, and after going round some of the stores he went to the Provincial Hotel, where he had either two or three whiskies. He next went to the timber yard and loaded up. He afterwards called at the Pier Hotel, where he thought he had a whisky and a beer. He met Goodison near Cargill's Monument, and went with him to Laffey's Hotel, where he had three more whiskies. He did not remember much more that happened. Something was said about the Gridiron Hotel, and he adjourned to a small room with Laffey, Irwin, and Fea. They had more drink there, but witness could not say what he had to drink. He remembered going up the road to Curtis's and getting a cheque from him. On going back to the hotel he remembered bottles being opened. The case was proceeding when we went to press. -Evening Star, 3/3/1903.
Laffey was found guilty and fined ten pounds.
CITY POLICE COURT.
Friday, June 12. (Before Mr H. Y. Widdowson, S.M.)
Drunkenness. - George Magorian was charged with being drunk when in charge of a horse and trap in Brown street. Sub-Inspector Norwood stated that a constable had found accused with his trap down a side road. He was fast asleep, and the reins were down at the feet of the horse which stood at the verge of a steep bank. The constable had to back the horse 20 yards before he could get room to turn it. Accused was fined 40s, or seven days' imprisonment. -Otago Daily Times, 13/6/1908.
About 8 o'clock last evening George Magorian, whilst driving in a gig near Cargill's Corner, was overtaken by a tramcar, which was returning from Caversham to town via Cargill road, and was thrown to the road. Dr Williams, on examining the sufferer, found that he had sustained a fracture of the base of the skull, and he was immediately conveyed to the Hospital, where he is doing as well as can be expected. It appears that Magorian was driving without lights on the wrong side of the road, and consequently was not observed by the motorman (Mr McArthur) until the car get near him. As the car approached he endeavoured to cross the road, but the gig was struck by the car. The vehicle was considerably damaged. -Otago Daily Times, 29/9/1908.
GEORGE MAGORIAN'S DEATH
An inquest was held at the hospital yesterday before the Coroner (Mr Graham) on the body of George Magoritan, publican, of Lee stream, who was thrown from a trap on Monday evening through a collision with a tram, and who died next morning in the hospital result of injury to the head.
Mr MacGregor appeared to represent the Corporation, and Mr A. James to represent the relatives of the deceased. Station-sergeant King appeared for the police. Dr Falconer (medical superintendent at the hospital) said that deceased was admitted about 9 p.m. on Monday, suffering from fracture of the base of the skull. He remained unconscious till death supervened.
To Station-sergeant King: There was some smell of alcohol from his breath — not very marked.
James Stenhouse, licensee of the Fitzroy hotel, said that he knew deceased well. He called at witness's hotel on Monday night about 7.30, to ask witness where a man named Kendrick lived. He was in the hotel about five or six minutes, and had a medium shandy with Gladstone, a man who worked at the Waterloo Hotel. Witness had never seen deceased more sober than he was at that time. About twenty minutes later deceased was brought into the hotel injured.
Walter Gladstone, barman at the Waterloo Hotel, corroborated the evidence of Stenhouse that deceased had one drink and was perfectly sober. Witness left the hotel with deceased, and lit the lamps of his trap for him. Both lamps showed a light when witness left. A little way from the trap witness looked round, and both of the lamps had gone out. That was the only time he saw deceased that day.
Mr MacGregor: If the man was quite sober why did you offer to light the lamps for him?
Witness replied that he just lit them because deceased was gathering up the reins and taking off the loin cover. It was true that deceased was addicted to drink.
John McArthur (motorman) stated that he was driving No. 9 car along Cargill road (now Hillside) towards town, and near Baker street he saw a buggy in front of him on the right — in this case the wrong — side of the road. As he approached the buggy swerved right in front of his car. and although he applied the magnetic brake he could not avoid a collision. The car struck the right hind wheel. It appeared to witness as if the horse was going on its own. Deceased made no effort whatever to avoid him: did not even turn round. There were no lights on the buggy. When witness first noticed the buggy the car was running perhaps between eight and ten miles an hour.
To Mr James: The horse did not seem even to cross the rails straight — it sort of zigzagged.
To Mr MacGregor: It looked to him as if the horse was travelling on its own, and he conceived the idea that the man was asleep. The magnetic brake acted properly, but it was impossible to stand a car on end and stop it in a foot. He pulled up in a little over a car length.
Charles Lawrence, the conductor of the tram, said that it was the gong which first attracted his attention. It was more heavy than the ordinary gong sound. Witness looked towards the front of the car, and saw immediately in front the back of a buggy. The brakes were applied at the same moment, and the next thing was a crash. After that the car ran only about one-half its own length.
To Mr MacGregor: The car made an extraordinarily quick stop.
Arthur Miller (draper) said that he was standing between Brunswick street (now Loyalty) and Helena street. He saw a buggy come up Brunswick street into Cargill road and proceed towards town. The buggy was on the right-hand side. Just past the Masonic Hall the trap turned across the rails. Witness did not notice a car behind until he heard the gong sounding quickly, as if to give alarm. The trap was then crossing the rails, and about three car lengths front the car. There were no lights on the trap. The occupant of the trap had the reins in his hand, and, as far as witness could see, had control of the horse. Witness did not think that deceased heard the gong; if he did he at all events took no heed. The car was travelling at the usual speed. The driver of the car would not see the man and as quickly as witness did, because he was right alongside.
To Mr MacGregor: It did not seem to him that the motorman could possibly have avoided the collision. There were no signs of candles in the lamp sockets.
Robert Logie (lead-pipe worker) corroborated the evidence of the last witness. The buggy was going at a walking pace, and was on the right side of the track. The tram gong sounded for the first time nearly a block away — the usual two-ring sound — and then later it was sounding continuously. When the gong was sounding the man in the trap seemed undecided whether to go into Baker street or not, and this delayed him on the line. Deceased would have had no difficulty in clearing the line if he had started as soon as the gong sounded.
To Mr James: Deceased was apparently crossing to get on his correct side of the street.
The jury returned a verdict that deceased died as the result of injuries sustained through the collision of his trap with a tram, and that no blame was attachable to anyone. -Evening Star, 30/9/1908.
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