INQUESTS.
DEATH UNDER PECULIAR CIRCUMSTANCES.
A man named James Campbell died in the Hospital at 4 o'clock on Wednesday morning under rather peculiar circumstances. Campbell was to have appeared at the City Police Court on Tuesday morning to answer charges of drunkenness and window breaking, but the police then stated that he was too ill to bring before the court, and the hearing of the cases was adjourned. Later he became worse, and it was found necessary to remove him to the Hospital.
An inquest was held on Wednesday concerning his death by Mr C. C. Graham (coroner) and a jury of six, of whom Mr J. McDonald was chosen foreman, and at the outset there seemed to be some doubt about establishing the identity of deceased. Sergeant Higgins stated that the letters found upon him bore the address of James Campbell, are of Mr McLennan, Kirkland Hill, Mornington.
Sub-inspector Kiely, who watched the proceedings on behalf of the police, said it was a serious case, because the man had been through so many hands before he arrived at the Hospital, and the police wanted to make the inquiry as open, fair, and above board as they could. It was then decided that evidence of identification should be taken.
Dr Hall, resident surgeon at the Hospital, deposed that he identified the body as that of James Campbell, who was brought to the Hospital on the 14th inst., about 11 a.m. He was brought to the institution by the police, and was complaining of a pain in the abdomen. He was taken to a ward and examined by_ witness, who found that he was apparently suffering from symptoms of acute general peritonitis. He remained in much the same condition up to the time he died, which was about 4 o'clock in the morning. He never rallied. Witness preferred not to say anything about the cause of death, until he had heard the result of the post mortem. Deceased was conscious when he come into the Hospital. Witness made inquiries about his condition, and he said that he had had a few drinks, and made a statement that he had been knelt on, but did not say by whom. He also stated that his father worked at Ettrick, and that he had relatives at Kirkland Hill, Mornington. He was also seen by the assistant house surgeon. When his condition became threatening after 12 o'clock midnight Dr Roberts was informed by telephone, but death supervened shortly after and before Dr Roberts saw him.
The Coroner said the jury could see from the statement made by deceased that the inquiry would require very careful investigation by the police, so that it would be necessary to adjourn the inquest so as to get all possible evidence. The inquest was here adjourned to Wednesday next at 11 o'clock, the sitting to be held at the City Police Court. -Otago Daily Times, 21/5/1901.
SUSPICIOUS DEATH AT DUNEDIN.
[BY TELEGRAPH — PRESS ASSOCIATION.]
DUNEDIN, 22nd May. The inquest concerning the death of James Campbell was resumed to-day. Deceased had been arrested for drunkenness and breaking a window on the morning of the 13th. He became so ill at the lock-up that he was removed to the hospital, where he died of peritonitis. Mr. Fraser (Crown Prosecutor) appeared for the police, and Mr. Solomon for the arresting constables (Daubney and Hickey), and Mr. Hanlon for Haymes, who had been in deceased's company up till within a few minutes of his arrest. Campbell had been with Haymes during the evening, and had some drinks. They called at the house of a woman at about midnight. At about 2 a.m., while making their way home — Campbell was then staggering about — Haymes left him and went on ahead. A few minutes later there was a crash of glass, deceased having evidently lurched against a window. The police hurried after the men. Haymes decamped, but Campbell was overtaken, having, according to Constable Daubney, fallen at a street corner. He was found lying with his abdomen against a kerbstone. There were no bruises on the man when he was examined by the police doctor, and Dr. Roberts, who made the post mortem, found no marks of external violence. Death was due to acute peritonitis, caused by rupture of a small intestine.
Dr. Roberts thought the injury could have been caused by deceased falling against a kerbstone. It could also have been caused by the sudden pressure of a foot or knee. If the force was steady there would in all probability have been a bruise. He thought it more probable that the injury was caused by a fall than in a struggle with the arresting constable.
Dr. Gordon Macdonald, who had examined the deceased some time after the arrest, thought steady pressure would not have caused the injury. The kerbstone theory was the more probable. Deceased had stated that he had been scuffling, but implicated no one.
Margaret Ferric, whose window had been broken, stated that when she was aroused by the constables knocking, Constable Hickey and a young man were standing still at the gate. The young man was speaking in an ordinary tone of voice. The inquest was adjourned. -Evening Post, 23/5/1901.
On Tuesday and Wednesday an inquest was held on the body of James Campbell, who died at the hospital of peritonitis, under alleged suspicious circumstances. Deceased, who, I believe, was not unknown in your district, had been arrested for drunkenness, and had been taken to the hospital for treatment. Much interest centred in the inquiry, on account of Campbell making certain statements about being knelt on by the arresting constables. Mr J. F. M. Fraser conducted the inquest on behalf of the police. Mr Solomon appeared for Constables Daubney and Hickey, Mr A. C. Hanlon for Haymes (who was with deceased at the time of his arrest), and Mr D. D. Macdonald for deceased's father. According to the evidence, the deceased and Haymes had been drinking at the hotels, and shortly after 11 o'clock they went to a woman's house in Percy Terrace. Half-an-hour afterwards they left and, according to Haymes, as Campbell was drunk, he helped him along to Frederick street, where deceased is supposed to have fallen against the window of a house and broke it. On this occurring Hayme3 told his companion that they had " better get," and hurried deceased along. At next block Haymes, seeing someone coming, bolted, and left his companion behind. Campbell was hereupon arrested, and Constables Daubney and Hickey took him to the station. During the night he was ill, and at 7.30 next morning, Sergeant Tohey and Constable Moore went to his cell, and deceased stated that the arresting constables had jumped upon him ; after getting worse he was brought to the hospital. Medical evidence was brought to show that the injury to the stomach might have been caused by deceased falling on the curbstone, of the street. As Mr Solomon had other business to attend to, the inquiry was ultimately adjourned till Friday week. -Bruce Herald, 28/5/1901.
A SUSPICIOUS DEATH.
The following concludes our report of the evidence taken yesterday afternoon on the inquest of James Campbell.
Constable Fretwell said that he went with Dr Macdonald to the cell about 10.30. The doctor asked him if he was any better, and deceased said “No,'’ and asked the doctor how long he thought it would be before he was better. Dr Macdonald replied he thought if he took less beer he would soon be better. On the way to the hospital deceased nearly fell off the seat, and complained about the shaking of the cab. Witness supported him with his arm. Witness asked him if he had been hurt. He said be was running away from the constable, and the constable knocked him down and jumped on him. Witness said: “Surely not?" He looked up, and said:. “Yes; it’s true.’’ After going a little further, witness asked him if he lived at North Dunedin. He said “No,” neither had he any friends in Dunedin. Witness left him at the hospital, and that was all he knew of the case.
To Mr Macdonald: When he made that statement witness did not know whether the driver heard him or not. When Dr Macdonald went into the cell on his second visit, he did not strip deceased. He felt his pulse, but did not take his temperature. The doctor spoke hopefully and pleasantly to him.
To Mr Solomon: Deceased when asked by witness if he know the constable replied in the negative, and said that he was a stout man. He did not say that he was knelt upon.
Jesse Ravines, recalled by Mr Solomon, said that while in the Douglas Hotel deceased was a little merry. It was not until they got outside into the open air that deceased seemed to be the worse for drink.
To Mr Macdonald: Deceased was all right that night, when with witness, and was not vomiting.
Alice Wall, nurse at the hospital, said she attended deceased on his arrival at the hospital. While applying the fomentations at eight o’clock in the evening witness asked him how long he had been ill. and he said: “Since last night.” Witness asked him what caused the pain, and he replied; “A policeman jumped on me.”
To Mr Macdonald: Did you not see any sign of swelling, or distension, or shininess of the skin? Deceased showed where the pain was, and pointed out to Dr Hall where the pain was in the stomach. He vomited once while witness was with him.
To Mr Solomon: Deceased did not give witness any details about who jumped on him.
Sergeant Foley deposed that on the morning of the 14th May he took over the relief at five o’clock in the morning. At a quarter to six witness had returned to the watchhouse, and he told the watchhousekeeper that he wished to see the prisoner. They went to the cells, and the first male prisoner who came under witness’s notice was deceased. They went into the cell. Deceased was lying on his back on the bench. Witness asked him if he was asleep, and if he was all right. He received no reply, and then went closer to deceased, and seeing that he appeared to be asleep he (witness) touched him lightly, and again asked if he was all right. Getting no reply, witness looked in his face, and then saw that the man was asleep. Witness did not disturb him further, and went to look at the other prisoners. About a quarter to eight witness again returned to the station. Constable Moore was in the watchhouse, and he remarked that one of the prisoners was ill or sick. Witness went to the cell with the watchhouse-keeper. The man was holding his stomach, and seemed to be in pain. He seemed to be suffering from some form of cramp. Witness and Constable Datson applied hot fomentations to deceased’s stomach. While this was being done, in reply to something that was said, deceased remarked that the constable jumped on him. Witness did not report this. They were three or four minutes applying the hot fomentations, and as the young man did not seem to be getting better, though he said the pain was shifting, witness sent for Dr G. Macdonald, who came a few minutes past eight o’clock. He examined the stomach of the prisoner, and while that was being done deceased repeated the statement that the constable had jumped on him, Dr Macdonald, replied jocularly: “Oh, the scoundrel; that's just what I expect.” Constable Moore came in, and said that while he had been giving deceased some tea he had said he might nave been drugged. The doctor asked deceased, where he had been drinking the previous night, and he replied at the Douglas. The doctor then said he would not get anything to hurt him there. While walking, up the passage Dr Macdonald said: “He is cunning, but he is too cunning. Did you see how eager he was to follow my suggestions. Did not report the matter, because he thought from the doctor’s treatment of the case that there was no urgency.
To Mr Macdonald: Dr Macdonald did not, in witness's hearing, say that the man should get the cat-o-nine-tails for shamming. There was no distension or shininess of the skin on the stomach of deceased. Did not remember being told that the man had been vomiting. Did not remember the doctor being told.
Mr Macdonald: One of the chief characteristics of peritonitis is vomiting.
Constable Moore, recalled at Mr Macdonald s request, said he did not hear the doctor say that the man should get the cat-o-nine-tails for shamming. Witness heard that Constable Datson had said that the doctor had said it.
Constable Datson deposed that Dr MacDonald had said to deceased: “A young fellow like you drinking! A touch of the cat-o-nine-tails would do you good.” This was said jocularly. The doctor was told by witness that Campbell had been vomiting.
The inquest was resumed this morning.
Elizabeth Jane Fulton, wife of David Fulton, living in King street, said that she was awakened on the morning of the 14th by the sound of someone staggering about and groaning. She also heard voices, but could not tell what was said. She further heard someone running, and then someone knocking. The knocking at the door was the last thing she heard.
To Mr Solonmon: If there had been a struggle she thought she would have heard it; the staggering about did not seem to be caused by a struggle.
To Mr Macdonald: There seemed to be more than one man in the street. She came to the conclusion that it was some drunken men pulling one another about or staggering about. There was no fighting going on as far as she could say.
Constable Daubney, stationed at North Dunedin, stated that be was on duty in company with Constable Hickey on the morning in question. He saw two men passing along on the other side of the street from the Post Office, going north in the direction of Union street. One of the men appeared to be drunk. Constable Hickey and witness followed them up, being about twenty or thirty yards behind them. Shortly afterwards the drunk man commenced to fall against the window shutters. When they got near Union street witness heard the smashing of glass, and saw the two men immediately run away. One ran clean away, and the other lagged behind. The latter one, after crossing Union street, fell face downwards across the kerbing at the edge of the footpath. Witness and Hickey were just about the Union street corner when they saw the man fall. They went across to him. He was then lying face downwards, with his stomach across the edge of the kerbing, his arms at arm’s length, and his knees in the water channel. When he fell witness heard a noise like a grunt. Witness caught hold of one of his arms, and Constable Hickey took the other, and they lifted him up on the footpath. He appeared to be rather dazed, and witness saw that he was drunk. He offered no resistance whatever. After lifting him up witness said: “What is this little game you have been up to? What, do you mean breaking that glass?” He replied “What glass?” Witness then said: “Come on back, and we will see.” They took him back, and found that a large pane of glass had been broken in the door of Mrs Perry’s shop. Witness knocked at the woman’s door. At this time Constable Hickey had hold of deceased. Mrs Perry came to the door, and he pointed to the damage done. She asked him if they had the man who broke the window, and witness replied in the affirmative. Deceased then said that he would pay for any damage done. They then took him along King street, to the North Dunedin station. On the way witness asked him his name, and he said James Campbell, and that, he lived in St. David street. Witness said “You don’t live in St. David street.” He then said that he lived at Alexandra, and that his home was at Kaikorai. Witness next asked him who the man was that ran away, and he said Jesse Haymes. They then locked him up in the North Dunedin station while they went to look for Jesse Haymes, who on being seen, denied being with Campbell. They then returned to the station, and found deceased lying on the floor of the cell, where he had been vomiting. He said that he felt as if he had been drugged. Witness then said “You will have to go to the central police station.” They lifted him up, and brought him out, on to the street. Constable Hickey accompanied witness as far as Frederick street. Up to this time deceased had made no complaint about feeling unwell. Witness handed the man over to Constable McIntyre at the central station. Deceased never made any resistance, and no violence was used towards him.
To Mr Macdanold: The man could not walk; they had to take hold of him by the arms. He never complained about a pain in the stomach. They were away about a quarter of an hour looking for Haymes. He could walk much better when being taken to the central station. He talked sensibly enough. He told witness about having been working on a boat, and said that he was sorry for getting locked up; that it was the first time he had got into trouble. Witness first heard of the accusation made against him when he read it in the papers. Witness had no reason to believe that deceased injured himself when he fell.
Constable Hickey said that be agreed entirely with the evidence given by Constable Daubney. Deceased never made any resistence, and no violence was used towards him.
To Mr Macdonald: He first knew of the accusation made against him when he read it in the ‘Star.’
Dr Gordon Macdonald, recalled, said that he wished to contradict two statements made by witnesses. He never said that the cat-o’-nine-tails would do the man good. It was also incorrect, that the man said to him that the police jumped on him. He never mentioned the police at all. Witness understood that he had been having a scuffle with his companions.
To Mr Macdonald: Neither deceased nor any of the police said that the man accused the constables of jumping on him. Witness used the word scoundrels, but it was not in connection with the police. It was in reference to the conduct of the man's companions.
Mr Fraser said that he had now called all the witnesses who could tell anything about the affair.
In answer to the Coroner, Messrs Macdonald, Solomon, and Hanlon said that they did not propose to call any evidence.
Mr Solomon: I understand it is not the practice for counsel to address the. jury at an inquest.
The Coroner: That is so.
Mr Solomon asked the, coroner to intimate to the jury that, so far as the constables were concerned they (the jury) could not take into consideration the statements made by deceased.
The Coroner: That was so. As deceased did not know at the time that he was about to die, any statements made by him must be ignored. What the jury had to do was to find out how the rupture occurred. There were two theories set out. One was that a fall on the kerbstone was likely to cause it. Both the doctors had said that that was the most likely thing to cause it. Pressure on the stomach from a person's knee would not be so likely to cause it. As to any violence being used, there was no evidence whatever to bear out the accusation except the statement made by deceased himself, and that was not in accordance with his first statement, when he stated that he thought his illness was caused by his drinking.
After ten minutes’ deliberation Mr J. McDonald, foreman of the jury, said that the jury were unanimous that deceased died from peritonitis caused by an accident, but how caused there was not sufficient evidence to show. -Evening Star, 1/6/1901.
James Campbell lies in Dunedin's Northern Cemetery.
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