TELEGRAPHIC
William Meldrum, a shanty-keeper at Nenthorn, on the Otago Central line, was seriously assaulted at midnight on Monday by three men, named Lawrence White, Thomas Crowley, and Gerald Fitzgerald. Meldrum died during removal to the hospital. Crowley and Fitzgerald are in custody, and the police are looking for White. -Hawke's Bay Herald, 4/12/1884.
The two men White and Crowley, who were apprehended on Wednesday for assaulting William Meldrum at Nenthorn, were brought before Messrs Fulton, Cos, and Snow, J.P's, at Outram, yesterday, and charged with stabbing and wounding with intent to kill. Inspector Weldon, who appeared to prosecute, said he had heard that Meldrum had died from the effect of the wounds, but he was not then able to produce evidence that such was the case. He therefore asked for a remand till Saturday, at 11 o'clock. The remand was agreed to. The police, we learn, yesterday proceeded to convey the body of the murdered man to Outram, where an inquest will likely be held on Saturday. -Otago Daily Times, 5/12/1884.
THE FATAL ASSAULT CASE.
(by telegraph). Dunedin, December 6. The two prisoners, White and Crowley, were brought up at Outram to-day, and charged with the murder of William Meldrum. The case was adjourned, pending the inquest. This was held in the afternoon. The medical evidence showed that death had resulted from bleeding from the knife wounds. In cross-examination by Mr Denniston, Dr McCaw said that if proper appliances had been at hand an hour after the occurrence the man's life would probably have been saved. White and Fitzgerald (the latter of whom is still at large) were boarders with Meldrum. Evidence was given by Mrs Meldrum and some navvies as to hearing remarks during the quarrel by one or other of the three men that they would kill Meldrum, and if they had a knife they would cut his throat. They were all in drink. Fitzgerald was known on the works as Garrett. It is not known exactly how the row began. It seems that a woman named Burke was in Outram a day or two before, and complained that Meldrum had cut her on the head, and was heard to say that she would get "some of the boys to go for Meldrum." Fitzgerald made the remark daring the Monday evening, when a number of men were playing cards in Meldrum's, that he was Irish, and meant to have a row.
December 7. The result of the inquest on the Nenthorne affair was a verdict of wilful murder against the three men. Word has been received by the police of Fitzgerald having been seen at a place called Clark's Flat. He left Nenthorne with the avowed intention of going to Dunedin to tell the police all about the affair, and give himself up, but evidently changed his mind on the road. -Oamaru Mail, 8/12/1884.
THE NENTHORN MURDER.
Further particulars regarding the Nenthorn affray seem to point to the whole affair as having arisen out of a drunken row. The quarrel, however, was a very determined one, and the struggle in the creek between Meldrum the shantykeeper, and the three man, Crowley, White, and Fitzgerald, must have been of the most desperate character. The two prisoners who have been arrested by the police are strong and determined-looking young men, and the deceased evidently had also been a man of powerful muscular development, and apparently quite a match for either of his opponents singlehanded. The clothes of deceased produced at the inquest were wet, and covered with mud and blood-stains, and cut in many places with the knife alleged to have been used by one or both of his opponents; and these together with a long stick, to which hair and blood were still adhering, and the splintered stock of the gun, furnish evidence of the desperate struggle that had taken place between the men. Nenthom, where the affray occurred, is a sort of sly-grog, canvas township; and it is known that large quantities of beer and other liquors are weekly conveyed to it by train and waggon from Dunedin. It is, however; almost impossible to put a stop to sly grog-selling in such a locality, where the inhabitants are nearly all in league with the vendors, and it is an understood thing that they will not "peach." It Was in one of these sly-grog shanties that the quarrel originated. Meldrum and his assailants had been drinking inside the shanty till about 9 o'clock, when someone threw stones on the roof and then tore down some battens at the end of the hut. Meldrum, on being made aware of the attack on his domicile, loaded his gun, went outside, and sat down by the creek, with the avowed intention of shooting, the first one that attempted to pull down his place. Garrett (Fitzgerald) immediately went after Meldrum to get possession of the gun, and a struggle, which was afterwards joined in by the other men, ensued between the two. Meldrum evidently got the worst of it, though two of his opponents were also wounded — Crowley receiving a nasty gash on the hand and Fitzgerald a wound on the temple. Meldrum, though very much exhausted after the fight, was quite sensible, and could walk about. His companions put him to bed, and he was seen the next morning by Dr McBrearty, who dressed his wounds and ordered his removal to the Dunedin Hospital. Accordingly, on the Wednesday some 14 of the men secured him on a litter and started early in the morning for Hindon, where it was intended to procure a dray in which the patient might be conveyed to the train at Outram. The Deep Stream was reached after a few hours' tramp, and the men, divesting themselves of their clothing, reached the other side with their burden in safety. Just after crossing, however, Meldrum was seized with convulsive fits, and expired in a few minutes. The body was conveyed to Outram, where, after a post-mortem examination had been made by Drs McCaw (of Mosgiel) and Colquhoun (of Dunedin), a coroner's inquest was held. The stabs on the body were mostly of a superficial nature, and the direct cause of death was probably due to hemorrhage, in consequence of a wound in the palm of the left hand, about three-quarters of an inch deep and three inches long. Had medical aid been procured earlier the bleeding might have been stopped in time, and it is likely that there would have been no great danger to life. The deceased at one time kept a small store in North-East Valley, and a few years ago he was known to the public as a competitor in dancing at the Caledonian Society's annual gatherings. The direct cause of the quarrel is not very apparent. It is variously stated. Some say that it originated in a dispute in the early part of the evening, between Fitzgerald and Meldrum, about a dog belonging to Crowley. Again, it is stated that it was fostered in consequence of Meldrum cutting a woman named Burke on the head with a tomahawk, and a threat on her part that she would "get" some of the boys to "go for" him. Another statement is that there was some jealousy between White and Meldrum regarding their physical capabilities, and that White, who was regarded as the fighting man or "cock of the walk" of Nenthorn, was only too glad to avail himself of the opportunity of getting assistance to thrash Meldrum, the latter being the only man in the camp he was afraid to tackle single-handed. Neither Crowley nor White made any attempt at concealment after the assault, and when arrested White assisted Constable Mackenzie in his endeavours to capture Fitzgerald, and the two prisoners then rode quietly with the constable as far as Outram. They were subsequently lodged in Dunedin Gaol. On Saturday they were conveyed to Outram, coupled together with handcuffs, in charge of Constables Cruickshank and Power, to attend the inquiry. At first both prisoners were apparently unconcerned about their fate, but aa the inquiry proceeded Crowley, who is the more intelligent of the two, appeared somewhat agitated. White, however, assumed an appearance of dogged indifference all through. Both the prisoners were conveyed back to town by the late train from Mosgiel on Saturday night. Inspector Weldon and Detective Bain remained behind to prosecute inquiries regarding the whereabouts of Fitzgerald. After the assault he started for Outram with the intention of confessing and giving himself up to the police. His friends state that he appeared a good deal put about. On second thoughts he seems to have changed his intention, and started for the interior with the object of avoiding capture, for yesterday afternoon some men who arrived in Outram stated that they had seen him on the road at Clark's Flat. They recognised him by the wound on his temple. He will no doubt fall into the hands of the police in a day or two.
THE ADJOURNED TRIAL.
Thomas Crowley and Lawrence White, the two men arrested in connection with the murder, were brought up at the Resident Magistrate's Court, Outram, before Mr J. Fulton, J.P., on Saturday morning, Inspector Weldon, who appeared to prosecute, said the prisoners were in the dock on a charge of grievous assault. With his Worship's permission he would now withdraw that charge and substitute one of wilful murder in lieu thereof. -Otago Daily Times, 8/12/1884.
A man answering the description of Fitzgerald, who is “wanted” in connection with the murder of William Meldrum at Nenthorn, was arrested by the police at Port Chalmers last night, when he gave his name as Richard Salmon. He was brought before the Bench this morning on a charge of having no visible means of support, to which he pleaded guilty. The police having no wish to press that charge, as they intended to forward him to Dunedin, he was convicted and discharged. The police subsequently ascertained that the man they had arrested was not Fitzgerald. -Evening Star, 15/12/1884.
Fitzgerald, who is one of the three men concerned in the Nenthorn fatal assault, and who has eluded the police for a considerable time, was arrested on Christmas Day. He was discovered to have engaged himself to go fishing with a man named Mason, on Green Island, which lies three or four miles off the mouth of the Taieri River, and Constables Mackenzie and Power went after him. They arranged with Mason to bring him ashore. When he met the police he gave the name of "Jack Burke," but the constables feeling sure they had their man, arrested him and brought him to Dunedin. On his arrival at the lock-up he gave the name of Gerald Fitzgerald. He had shaved his whiskers completely off, and thus altered his appearance a good deal. He was brought before Mr Gourley, J. P., Dunedin, on Thursday afternoon, and remanded for a week. -Bruce Herald, 30/12/1884.
SUPREME COURT. CRIMINAL SITTINGS.
Thursday, January 8.
(Before His Honor Mr Justice Williams). Murder. Thomas Crowley, Lawrence White, and Garrett Fitzgerald were indicted for the murder of William Meldrum on December 3, 1884.
The prisoners pleaded not guilty. Mr Denniston appeared for the prisoner Crowley; Mr Solomon for White; and Mr O'Meagher for Fitzgerald.
The following constituted the jury: Charles Columb (foreman), James Strachan, jun., Frederick Jacob Arlidge, James Edmond, sen., James Sanderson, James Hunter, John Georgeson, George Terry, Richard G. Grady, Frederick Freeman, William Woods, Adam Morton. The challenges were: — Duncan Campbell (on behalf of Crowley), Richard N. Stevens (on behalf of White), Frederick Tyree and James McTaggart (on behalf of Fitzgerald).
The following jurors were ordered to stand aside by the Grown: — Francis Krull, John Wells, John Fottrill, Edward Burk, and George Hitchcock.
On Mr Denniston’s application all witnesses were ordered out of Court.
Mr Haggitt, in opening the case, said the deceased man, William Meldrum, into the circumstances of whose death it is your duties this day to inquire, lived with his wife and his family, which, I believe, consisted of one daughter, at a place called the Nenthorn, on the line of the Otago Central Railway, at a part where the line is at the present time in the course of being constructed. The place is a very rough one, and the whole surroundings, as the evidence will disclose to yon, are very rough. There was at this time no police protection there of any kind, and the community in which the deceased lived was, as you will gather from the evidence, of a very rough description, The residence in which the deceased lived consisted of two apartments — the one a sod hut with a roof of bagging or bags supported on a wooden batten; and the other, which was the sleeping apartment of a tent. The deceased it would appear kept what is known as a shanty: that is to say, a place where navvies who were working in the neighborhood, or some of them, came to get their meals, and where he kept grog which he supplied to those people and to his friends who came to the place; in point of fact, I suppose we may say that it was an unlicensed public-house, where liquors were sold to anyone who chose to ask for them — that is, to anybody who was not suspected of being likely to inform the police of where he got the liquor. (The learned counsel then opened at length the circumstances which it was alleged on the part of the Crown happened on the night of the 3rd inst. and early the following morning ) Now, gentlemen, I have told you all the facts of the case as they appear on the depositions, and yon will have gathered from what I have said that the charge against the prisoners is this — they set upon the deceased apparently without any provocation and beat him to death. That is shortly and in a word the case which the depositions disclose. Now. both the prisoners Crowley and White subsequently gave their version of this occurrence to Detective Bain. It was taken down in writing by him and read over to them, and their marks were set to it, in token of their agreement with it, in the presence of a witness. I propose now to read these statements, and first I will read Crowley’s. This is the account Crowley gives of what took place. You will see it goes up to a certain stage of the proceedings only, and there stops. He says: —
My name is Thomas Crowley. On last Monday night me and Lawrence White went to Meldrum’s camp; and Gerald Fitzgerald was also with us. We went from Gawn’s to Meldrum’s camp, and into Meldrum's shanty. We sat down for a while and had a yarn. I then asked for some whisky. Meldrum and Fitzgerald then commenced talking about dogfighting. The dog they were talking about belonged to me. I said to Fitzgerald "You are not going to fight my dog." Meldrum and Fitzgerald were talking loud about this dog-fight. As near as I could judge there were about five or six persons playing cards in the shanty. Stewart Beattie was the only one I knew by name. Meldrum and Fitzgerald were still quarrelling about the dogs. The men that were playing at cards then left the shanty. Meldrum went to his bedroom, and shortly after this came out again. Something dropped on to the roof of the shanty, and Meldrum sang out “There is someone firing stones at us.” I said “Why are they firing stones?” Meldrum said "Surely it is not at us they are firing; you have never hurt anyone on the Nenthorn.” We went outside and had a look, but could not see anyone. We both came into the shanty again. We sat down on the table again just where we had sat before. Meldrum seemed to be sorrow (?sorrowful). I said to Meldrum: “It’s time to go to bed. I have no more money, and without money we can’t get any more whisky.” Meldrum said “Don’t be in a hurry, Tom.” I then said to Meldrum "The camp is getting too tough; I don’t like to be here too late at night.” I asked Meldrum why be was so dull. Meldrum said “I am afraid Mother Burk has gone for the bobbies.” I then said to White “We had best leave off here or the bobbies may take us.” Meldrum said “Yes, I think that is the best thing we can do.” Both of us then got up and left Meldrum to go to White’s tent, where Jack Dee was stopping. We left Garrett (Fitzgerald) sitting at his fire when we left. White and I were sitting at Jack Dee’s tent talking about countries when Mrs Meldrum came up and said: “Come on, Larry. My husband and Garrett is fighting." We went over to where they were fighting. It was close to the creek, and in front of Meldrum’s door. I saw Garrett get up out of the creek with blood on his eye. When I first went over to Meldrum after the fight the first thing I saw was Meldrum at the bank of the creek with a gun in his hand. White was in front of me at this time. White said to Meldrum “What are you doing?” Meldrum said: “You are the I want," and presented the gun, when I heard something snap. I then ran up and said to Meldrum "What are you doing?” He was then in the act of striking White with the gun. I put up my left hand, and warded off the blow, and then struck Meldrum in the jaw with my right hand, and then struck him with my foot. He then staggered in towards the creek.
There Crowley’s account of the matter stops. Now White’s account of the matter is this: -
Me and Thomas Crowley and Fitzgerald went to Mr Meldrums. We sat down. This was on Monday night last. Thomas Crowley asked for three drinks. Then said Mr Meldrum: “What have I done, Tom, that I am not in the shout?" Tom said: “You are quite welcome to have a drink." Tom paid for the drinks. We sat for a while longer, when Tom called for three more. The drinks were supplied. Mrs Meldrum asked me whether it was beer or whisky I wanted. I refused the whisky, and was supplied with beer. Fitzgerald asked for whisky, and she gave it him. I said to Mrs Meldrum “You ought to have better sense than give a man such stuff as that; it is only brimstone. If you give this man whisky, make it three parts water, so that it would not take any effect” Thomas Crowley had a dog in the house, and Meldrum said “Is this the great dog?” Thomas Crowley said to Mr Meldrum “It is not a great dog.” Mr Meldrum then said “I will get a dog that will beat this dog in five minutes" Crowley said “No; I will not allow my dog to fight." After this Tom Crowley and I left Meldrum's tent but I went to my own tent, where John Dee was also living. There was a number of other men at Meldrum’s at this time. They were playing cards, but they all left at the same time. I was in my own tent, and about ten minutes after leaving Meldrum’s tent Mrs Meldrum came for me and Thomas Crowley. She said: “Larry come up, my husband has got the gun." I said “Who is he quarrelling with?" and she said “With Fitzgerald.” I went towards Meldrum’s and saw Meldrum with a gun in his arms. He struck Fitzgerald over the eye with the gun; then wheeled round, pointed the gun at my breast. and snapped the gun, and then tried to hit me with the gun. Thomas Crowley protected me. Thomas Crowley then struck Meldrum in the jaw and knocked him in the creek where Fitzgerald was then lying. I don’t know what took place in the creek. I run down there and caught hold of Fitzgerald and brought him to the bank. Meldrum said: "By the holy man, wait till I get a tomahawk.” He then made a blow at Fitzgerald. He missed the blow. I knocked Meldrum down, and he rolled into the creek again. Crowley and I then left. That is all I know.
The prisoner Fitzgerald has given no account of the matter, so far as I am aware. Now, gentlemen, you are in possession of all the facts of this case, so far as have been elicited at present. They show, as I have already said to you, that the deceased was set upon by these three prisoners, and beaten to death by them. Now, gentlemen, yon know that murder is the killing of a man with malice. Now malice is of two kinds — malice may be either express malice, or implied malice. Express malice, you can easily understand, is the case where a person deliberately, and in pursuance of some previously-formed design, kills a man. Of such malice as that there is no evidence apparent on the face of the depositions. Implied malice, other kind of malice, is the implication of malice which the law attaches to the commission of the act which causes the death of a man. For example, if a man knowingly administer poison to another, and cause his death in such a case, although no previous enmity could be proved to have existed between the person by whom the poison was administered and the person to whom it was administered, the law presumes the poison to have been administered maliciously, and the act is murder, even although at the time of the administering of the poison it is shown that the parties were on the best possible terms, and, in fact, the closest of friends. So, if a man kills another man suddenly without any or without a considerable provocation, the law implies that the act was done maliciously and the killing is murder. That, gentlemen, is the case that you have before you. The law presumes every homicide to be murder until the contrary appears; therefore the prosecution is not bound to prove malice or any fact beside the homicide, and the homicide being proved the jury may presume the malice; and it is for the persons accused — the prisoners in this case — to give in evidence such facts and circumstances as may show the homicide to be justifiable or excusable, or that it amounted to manslaughter merely. That, gentlemen, is, I believe, the law, and I have told you all the facts. I will now proceed to call the witnesses who will establish this case, and I need hardly ask that in a case of so great importance as this your earnest attention may be given to every detail, so that you may come to a correct conclusion.
Hannah Meldrum, the widow of the deceased William Meldrum, deposed that prior to December last she had resided with her husband at Nenthorn for the last two months and a-half. A good many men were employed there before December, the men living in different camps. There were from fifteen to twenty tents near witness's residence. Some of the tents were occupied by two men and some by more. White lived in their camp, Crowley in Gawn’s camp, and Fitzgerald in some other, which she did not know. Witness had one child, a daughter aged eighteen, who lived with her at Nenthorn. Their hut, which was eighteen feet long, was used as a boarding-place. At the time they had six boarders, White being one of them. On the night of Monday, the 1st of December, a number of men were in the hut, early in the evening, playing cards. The prisoners came soon after tea. Crowley and Fitzgerald came in first, and White very shortly afterwards. Fitzgerald and Crowley were a little the worse for liquor, but White was perfectly sober. Fitzgerald tried to pick a quarrel with everyone present, saying he wanted a row and would have one before he went. None of them would take up the challenge, the men saying they did not come there to fight, and some of them went away. After Crewes left Fitzgerald said he was sorry he had gone, as he wanted to give him a black eye. White and Crowley went down to Dee’s tent, leaving Fitzgerald in the hut. Fitzgerald began to quarrel with men in the tent, and witness went to Dee’s tent and asked White to return to take Fitzgerald away, which he promised to do. Witness returned, and was followed by Crowley, who on entering took off his coat, and said he would take Fitzgerald’s part. White followed shortly afterwards. The men said they did not want to fight with Fitzgerald, and put on their coats. The other men then left, and there remained in the hut the three prisoners, her husband, and witness, her daughter being in bed in the tent. This was shortly after nine o’clock. The men sat talking for some time. The next thing that happened was that stones were thrown on the place by somebody outside. Witness’s husband went outside, but could not see anyone. Someone from the outside took off two battens from the end of the hut. The deceased then went into the bedroom and loaded the gun, saying that he would shoot anyone who pulled down his place. He then went outside with the gun and sat down by the side of the creek. White said to Fitzgerald "Meldrum has taken the gun out.”; and Fitzgerald said “Give me my hat, I’ll soon take the gun from him.” White gave Fitzgerald his hat, and he went over to the deceased, seized him from behind, and demanded the gun. The deceased and Fitzgerald straggled together and fell in the creek. White and Crowley went into the creek, and witness saw them all struggling together. Witness then went down to Dee’s tent to ask Dee to come up to try and make peace between them. Dee went to the men, and witness went on to McDonald’s tent and asked McDonald to come. Witness went to her own place again, not having been away more than a quarter of an hour. When she got back she heard Crowley say “Let us murder him while we have got him here." She called out to White and Crowley to come immediately, and they said if she did not go inside they would do the same to her, and that they would pull down the place if she did not stop inside. She remained inside till she saw the three prisoners going away towards Dee’s tent. They said something to her. She said “I believe yon have killed him,” and White replied “A good job if we have.” Fitzgerald said he hoped witness would not blame him, as he had not touched her husband. She saw White and Crowley going over to Gawn’s camp, and then went to Crewes’s tent to get assistance. In a little while after she returned her husband walked in to their own tent. She thought this was nearly one o’clock, and that when Fitzgerald went to the creek it was a little after midnight. Her husband when he came in was wet and was covered with blood. He said “Put me to bed; I’m cooked,” and threw himself down on the bed. The deceased was very badly cut and bruised. A doctor was sent for, and the next day several men started to carry deceased down to Hindon, where she next saw him lying dead. There was no quarrel between her husband and the three men on the night in question before Meldrum went out with his gun. Up to this time they all appeared to be quite friendly. There had been some mention of Crowley’s dog, but no quarrel over it.
To Mr Denniston: Before going to Nenthom witness had been living with her husband for twelve months. Previously she had lived separately from him for three years, and had a separation order. He was very violent when under drink, and was an unusually powerful man. For about six weeks or two months before the occurrence in question — as long as they had a boardinghouse at Nenthorn — her husband kept a sly grog chanty. Before to-day she had said nothing about Crowley and White leaving her hut and returning. The reason of that was she was not questioned so fully in the Court below and before the Coroner. When she went for White she did not say “Larry, come up, my husband’s got the gun.” During the disturbance witness roused her daughter, got her to put on her ulster, and they went together to Dee’s tent. Her daughter was with her near her tent door while the men were at the creek. It never occurred to her to mention this before. When Crowley said "Let’s murder him,” they were near McNair’s tent and not at the creek. When Crowley and White came back to the tent, witness’s daughter was there and spoke to the men. She was not present to-day as a witness.
To Mr Solomon: Deceased and Fitzgerald had had several drinks together before they went out to the creek. Her daughter had never given evidence in connection with the case.
To Mr O’Meagher: She admitted that when he was drunk her husband was of violent temper. He had been addicted to drink, but not so much latterly. Fitzgerald had boarded with witness about three weeks before this occurrence, and as far as witness knew was unfriendly terms with the deceased. He had about two months before the night in question, threatened the deceased that there was something in store for him. Witness had tried to dissuade her husband from taking the gun out with him, nor did she request Fitzgerald to get the gun from him. She never thought that Fitzgerald was actuated by a desire to prevent deceased from shooting some person with the gun. Although she had advised deceased not to take out the gun she was not afraid he was going to shoot anybody, she thought that White would not allow Fitzgerald to do any serious harm to deceased.
Re-examined: Witness’s daughter was with her as the three prisoners went to Dee's tent and as Crowley and White returned.
In answer to the Court,
Mr Haggitt said that Miss Meldrum was in Dunedin and was available as a witness.
His Honor said that as the girl was available it was desirable that she should be called and her evidence taken.
Mr Denniston asked that witnesses examined be instructed not to communicate with the other witnesses. He did not say it with any reproach, but he was informed that the witnesses had been conferring together a great deal.
His Honor: You will please remember, Mrs Meldrum, not to say anything as to the questions put to you or anything of the kind to the other witnesses, or, in fact, to anybody at all. Just keep quite silent on the subject for the present.
John Dee, a laborer, residing at Nenthorn, deposed that on the night of the 1st of December, Mrs Meldrum called twice at his tent, in the first instance asking White to go with her. The second time she came witness was asleep, and on being roused, in consequence of what she said, he went near to Meldrum’s place, but not into the house. He saw White standing on the bank of the creek and two men in the creek. White said he would be home in a minute or two, and witness returned to his tent. The men in the creek were struggling about. Witness went away to Mother Moss's tent because he was not well, and he thought White and the others would be bringing drink to his tent. The following morning, at four or five o’clock, he returned to his tent and found Fitzgerald there. Fitzgerald said that Meldrum had given him the cut he had on his eye with a gun. White returned to the tent at about ten o’clock in the morning, and left at the same time as Fitzgerald. Witness did not hear any conversaton between the prisoners, and he said nothing to them about Meldrum having been hurt.
James Gardiner, a railway laborer living at Nenthorn, deposed that cm the night of December 1 he heard a voice singing out “Where’s the knife and I’ll cut his throat.” The noise he heard was that of three men quarrelling, and the blows came down with a dull thud. Witness was dressing himself when Meldrum rushed into his tent, cried “Oh! protect me, protect me,” and threw himself on a bunk at the back. The three prisoners then came up in front of the tent, and witness’s mate left it. Witness went outside the tent, and Crowley asked him if he wanted to fight, and struck at him several times, touching him once. Crowley then asked if he (witness) was going to take Meldrum’s part. He replied "No, but hold on, draw it mild.” Fitzgerald told him to stand inside the tent. Witness took this to be advice, as it was not said in a threatening way; and Fitzgerald, turning round to Crowley, said "Don’t strike him.” White said if Meldrum was not put out of the tent he would cut it down, and made two slashes at the tent, cutting it. Witness felt he could do no good against the three of them, and he went away; and after he left he heard noises of a row proceeding from the tent. McNair and Crewes went back with him. The prisoners had left, and the deceased was lying outside the tent.
Cross-examined by Mr Denniston: When examined at Outram I did not say a word about hearing a noise after I ran away from the tent. If I had been asked the question I should have answered it. I did not mention it at the Police Court, I have not been tackled by the police about my evidence, but have been asked questions about the locality. I was frightened and thought they might knock me on the head.
To Mr Solomon: What White had in one hand seemed to be a sharp, short stick, and in the other hand he had a sharp instrument.
The following witnesses had also been examined up to five o’clock: Thomas McNair and Edward Vinten. -Evening Star, 9/1/1885.
The charge of murder against the three men concerned in the fatal assault upon Wm. Meldrum, at Nenthorn, on the 3rd December last, was concluded yesterday afternoon. The evidence was finished early in the morning, and the three counsel for the accused addressed the jury. For the defence, the main contention was that the accused had been called up to prevent the deceased, who had taken a loaded gun with the avowed intention of shooting anyone who threw stones on the roof of his hut, from doing an act of violence. In the struggle which ensued with a violent man, it was contended, the injuries were caused without any intention on the part of the prisoners to inflict serious injuries. His Honor Mr Justice Williams summed up the evidence in a most painstaking manner, and directed the jury upon the law affecting the case. The Jury, after about an hour's deliberation, brought in a verdict of "Guilty of manslaughter," a verdict in which his Honor stated he concurred, and the prisoners were sentenced — Crowley and White to five years', and Fitzgerald to three years' penal servitude. -Otago Daily Times, 10/1/1885.
With Meldrum under the sod, and his assailants behind bars, it might seem that that is the end of the story. And so I thought, until I looked for Mrs Mary Burke, and found not only a cause for the affray but a genuine voice from the era.
"MARY BOURKE" INTERVIEWS US.
Yesterday afternoon our Sanctum was invaded by a lady of about fifty summers, with dark piercing eyes, attired in a white hat, with some rather faded floral embellishments resting coyily on the front rim; a decent looking dolman covered the body part of a rather nice looking cotton dress, and a woollen shawl folded in squares was carried on her right arm, while in her left hand was a bundle of papers. After taking a careful survey of the office, she asked in a mild tone, "Is this the Daily Times Office?" We answered in the affirmative that is was the Office. Our visitor then carefully (text missing) besides all the men on the public works in Otago and Waikarai, on the Wellington-Manawatu line, where I have been about a dozen years keeping boarding houses." "This is all wrong then, Mrs Bourke,"' said we, "but what is that mentioned there about the Nenthorne Manslaughter?" "Oh, that," she replied, rather uneasily, "I got clear of that altogether: there was nothing at all against me. I was carrying on a successful boarding house on the works, and getting the biggest part of the trade without doing any sly grog selling at all. The others were selling grog, wholesale, but I believed in doing only what was right and honest, because I had left my children in Dunedin at school, and my old man was working on the job, getting his ten shillings a day, and there was no occasion for me to be carrying on that trade. At last this Meldrum informed the Boss that I was selling grog, the Boss told Bourke who immediately said that he would not stop on a job where he or his wife was suspected of sly-grog selling; so he asked for his time, and left, intending to go to Oamaru, telling me to sell out my business and follow him. Well, I agreed to sell out to Meldrum, whose wife and a gay girl were carrying on high jinks on the works, and were selling grog very openly. After my old man had been gone about a fortnight, Meldrum was to take possession on the Saturday and pay me £6 deposit, and £14 before I left the place. As he had served Bourke such a dirty trick, I was determined to have revenge before I left, so I gave one of the 'boys' some money to make him drunk, so that the Boss could see what kind of man he had to deal with. This job was done to perfection, and Meldrum was 'drunk as he could stand' on Friday and Saturday, and as some of the 'boys' had pulled down a framework of a shanty he was erecting, he got mad and said I had put them on to it, and threatened to dash my brains out with a long handled shovel he was carrying. Seeing he was dangerously drunk I rushed inside my place, which had nothing but sacks nailed up where the windows ought to be. He came after me with the shovel, and although I held the door on the inside he forced it open, and, picking up an axe handle, struck me a blow on the head which knocked me senseless." In proof of this, Mrs Bourke removed her head covering, and parting her hair, which was fast turning grey, disclosed to our view an old scar on the top of the crown. Resuming the interesting narrative, the lady described how Meldrum had kicked her in her right side as she lay senseless, the effect of which she felt to the present day, and he was prevented from striking her the second time by an Englishman, who rushed in and caught him by the arm. "Recovering from the blow," said Mary, "I hovered between life and death for a fortnight, and although I wished to give him in charge for the murderous assault, I said, 'No; leave him to God; He will punish him; and as sure as I live he will get twenty to one more punishment than I shall.' I had a deal of bother to get my money from them, and some of the men paid them what they owed me, but I never got it. Before I left I gave one of the 'boys' something to give Meldrum a good hiding, because I longed for revenge, and as the boy owed him a grudge I was sure he would pay him with good interest, but I little I thought that he would be in his grave within seven weeks after he struck me. That's all I know about the affair, and that's all I said at the inquest." How about the Paikaikaraki (sic) sly grog selling case? we asked. Oh, there was nothing in that, it was a put up job by the police, said she, They were always interfering with me and trying to get a case against me. Then you didn't do any of it there? we queried. Well, as for that I did and I didn't. This man Puff, who I gave three months to, used to tell me how it paid him and wanted to sell me some, so that I could make up what was short in the boarding house line, as things were getting dull. For a long time I wouldn't have anything to do with the stuff, till at last I was persuaded and bought some from him, and then to make each other square, I sold him two nobblers and took the money, so that we should not be able to inform one on the other. The police tried hard to get a case against me, but my character was too well known, and they were unable to prove anything against me. Then that rumor about you selling grog on the Eketahuna line is all a made-up thing? we suggested. Yes, she replied, made up by that blackguard Healey, and my beautiful Catholic friend Danaher. There's pretty Catholics for you; they are a disgrace to any sect. But, if you were not selling it how could they do anything against you? we asked. Well, it was this way. When I left Masterton for Eketahuna I took up two gallons of rum in a case, as I expected to meet a few of my old friends from down South, up there. Was your husband not with you when you went up? we inquired, Oh, no, she replied, he is knocking about down South with some of those Engineer fellows. He is alright as long as he can get a good coat on his back, and a watch and clip in his pocket. When I got to Eketahuna, she continued, I stopped at. Jones' boarding house for a fortnight, but didn't meet the friends I expected, and was about to return to Masterton, when I found that my grog had been broached in the boarding house. The landlord measured it and found about a quart gone, so I knocked £1 off the board when I paid him, and (text missing) coach the verandah and they were driving along by the hotel, I cooeyed and ran after it, and when I got opposite the hotel, John Tuck — you know him? he came and stood in the road, and as I came up he said, "Are you Mary Bourke?" I said, "To h—ll wid you! What does it matter to you what my name is?" and with that I fetched him a clout which sent his bell-topper flying. John goes over to the police station and fetches Healy, and when they came up he shoved me into the policeman's arms, and I let go at him again and away went his bell-topper the second time. With that Healey asked me to come inside his place, where his wife and himself treated me very well. In the morning some old bullock-puncher of a fellow, who keeps Tuck's and Jones' books, and who they said was a J.P., fined me 5s for drunkeness and abusive conduct. I told them a bit of my mind, when he said he would commit me for a month for contempt of Court. I told him he could make it six months if he liked, but there was no law for punishing people for taking their own part when they were molested like John Tuck molested me. Well, I paid the five shillings at last, and was sorry for it after, for the men on the works offered to put a pound each so that I could go for old Tuck, but as the money was paid I of course acknowledged the offence. When I went back to the works again, there was a bright object named Gunther, who said I had been sly grog selling, I and as I was giving him my opinion of him, Danaher came up and wanted to know what I had been rowing about, and threatened to kick me off the works. I then told him off in a way he little expected, and threatened to give Gunther three months the same as I did Puff, and the next thing I heard was that Mr Healy was going to arrest me under the Vagrant Act. When Healy was seen approaching with another man, having previously arranged with the butcher to cart me to Eketahuna, Gunther said, "Clear into the bush, Mrs Bourke; they are after you." I turned round on him, and said, "You two-faced, varmint, I'd hit you over the head, and drop you into the creek for two pins. It's all through you this has come about." When Healy came up he asked me to go with him to Eketahuna to arrange matters between Danaher and myself. I said, "If Danaher wants me, let him come here; but you don't get me so easy as you did at Eketahuna, Mr Healy." As one or two of my friends came up, he thought it was not worth while to do anything just then, and came up the following day with another constable, and gave me so long to clear out. There were too many of my friends about for them to do what they intended, so they thought it best not to interfere with me for fear of a row. But did not you leave the works when the police warned you? we asked. Me leave the works through the police, she said excitedly. No, never! I went down to Wellington on some private business; to get the rent that was due to me from my little property in Otago, and which was coming up by post. When I was down there I saw that case in the paper I have just shown you, and I said to myself "Mary Bourke you mustn't go home before this stain on your character is cleared up, and you have had your revenge on those scoundrels Healey and Danaher." With that I goes to one of the best lawyers in Wellington, and shows him the paper; he said if I gave him £l5 down he would go for the papers, I said, where do you think I can get that much from. He said it cannot be commenced under that sum. I said, what will you charge to write letters to them, and clear up my character. He said he would do that for a guinea. I paid him the money, and haven't heard whether he has written a letter or not. I went to see Chief Detective Browne and Inspector Shearman and they said it was a shame that a honest woman's character should be taken away from her like that, and when I saw Mr Wardell he told me they ought not to have put it in the papers unless it was true. I went to Father Macnamara, but he said he would have nothing to do with me, so I made up my mind to go back on the works, and swore to myself that I would put a bullet through Mr Danaher's body, if he interfered with me again, When I got back on the works, what do you think I found? Why if that dirty blackguard of a Danaher hadn't been and driven some pegs around my shanty, and threatened to sack the first man that crossed them to come into my place. But I intend to be even with him yet, and if I don't give him twenty to one that he has done to me, my name is not Mary Bourke. "You must be very careful not to let your passions get the better of you, Mrs Bourke." we councilled. "Oh, as far as that goes it's no matter, but when the people of our church, who take the oaths that we do — which, of course, you know nothing about - turn round on each other, like Healey and that Danaher are doing with me, they don't deserve to be thought about, and nothing is too bad for them," "What is it you require us to do, Mrs Bourke? How can we assist you in the matter?" we asked. "Well, it's just like this, I have got a good character down in the South Island, and if this news gets down there, my friends will think I have gone to the bad, so I would like you to say I have not been arrested for vagrancy, and that I am not so bad as make me out, and then my people would see that it was all a put up job to damage my good name." We promised Mary that we would do (last words missing) -Wairarapa Daily Times, 1/3/1887.
The solicitor who last week demanded a public apology from us on behalf of Mr H. K. Smith now writes to us for one for Mary Bourke. We drew the line at Mr H. K. Smith, but if we have hurt poor Mary's feelings we are very willing to express our regret. Poor Mary's experiences, as related by herself, indicate that she has gone through a lot of trouble, and displayed a wonderful amount of pluck and endurance. We will not say another word against Mary Bourke, and trust that in the future she will be able to maintain that good character about which she is very properly anxious. At the same time, if Mary Bourke thinks that she can do herself any good by "going for us" she is quite welcome to do so as far as we are concerned. -Wairarapa Daily Times, 3/3/1887.
In the 19th century, drowning was sometimes known as the "New Zealand death." I can not be sure whether the Mary Burke mentioned below is the same one who was at Nenthorn camp in 1884, but it is significant that the name does not occur later in a context which indicates a boarding-house keeper or a possible sly-grogger.
A DRUNKEN ORGIE AND ITS FATAL RESULT.
DROWNING OF MARY BURKE.
On Christmas Day a man named William Hanners, residing St Woodhill, brought word to Constable Foreman, at Helensville, that an elderly woman named Mary Burke, with whom he had been living, had been drowned in the creek at Woodhill the previous night. The constable accompanied his informant to the place indicated and found the dead body of the woman lying beside a boat in about 2ft. 6in of water. Hanners, on being questioned, stated that he and the woman had been on a visit to Auckland, whence they returned on Saturday morning. They had two bottles of brandy with them, and after getting off the train at Woodhill, they proceeded to the bank of creek, where their boat was moored. They appear to have remained at the bank of the creek until 4 o'clock that afternoon. About that time a neighbour named Kennedy pushed off in the boat in order to pull upstream to their whare, which was some distance away. He perceived that they were drunk and he offered therefore to put them across the creek, so that they might walk home. They declined, however, and he watched their boat until it disappeared round a bend of the stream. On returning home at 7.30 p.m. be found Hanners alone in his whare drunk and asked him here the woman was. Hanners said that he did not know, and Kennedy searched unavailingly until dark for her and the boat. At daybreak Hanners awoke to the consciousness that the woman was missing, and after a search found her in the creek. The relative position of body and boat shewed, that she must have stumbled into the water and clung onto the gunwale as long as she could. Deceased was 56 years of age, and leaves several grown-up sons. -Auckland Star, 27/12/1887.
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