A FATAL FIGHT AT SOUTH DUNEDIN.
A fight took place between two boys named James Fiddis and William Fogarty in South Dunedin yesterday afternoon, resulting in the death of the first-named lad, who is a son of Mr Fiddis, a painter by trade, residing in Oxford street. The boy was thirteen years of age, and tall, being rather overgrown for his age, while Fogarty was a year younger, and of smaller build. The facts of the occurrence are these: Yesterday afternoon Fiddis, in company with another boy named Harley, went to a store in Macandrew road on an errand, and when returning home along that road, between three and four o'clock, they came on some boys who were flying a kite, Fogarty being one of the number. Just as Fiddis reached them the kite fell to the ground, and it is said that he deliberately put his foot through it and broke it. Fogarty remonstrated with him, and the two boys becoming heated a fight ensued. Fiddis fell after they had been fighting for a few seconds but at once rose to his feet and rushed at Fogarty, who, however, dodged him, and with a blow sent him once more to the ground. Fiddis fell on his face, and remained motionless. When Harley urged him to get up he made no reply, and it was then found that he was insensible. He was removed to his home in a cart, and Dr Barnett was sent for, but before he arrived death had, at ten minutes part four, supervened. An external examination of the body showed that there were two slight bruises on the forehead and one on the left knee, none of the bruises being sufficient, however, to account for death.
Walter Harley, deceased's companion, has made the following statement: — "I reside with my parents on the Anderson Bay road. Between three and four o’clock I was in company with James Fiddis, the deceased. We went together to Mr Hancock’s store for sugar. On our return home along Macandrew road we came up to a boy named Benjamin Power, who was flying a kite on the road. James Fitzpatrick and a boy named William Fogarty were with him. As we came np to them, the kite came down. The deceased picked it up and flew it out of his hand in the air. The kite came down again, and then he put his foot through it and broke it. The boy William Fogarty came up to the deceased and said he would hit him for breaking the kite. The deceased replied he would not hit him. Fogarty then said he would, and struck him with his fist on the arm. The deceased struck him back with his fists, and they exchange! blows for about a minute. Fiddis was knocked down, but immediately got up and rushed at Fogarty, who dodged the blow, Fogarty then struck the deceased on the face, and Fiddis fell on his knees and then on to his face. I told the deceased to get np, but he made no reply. Mr McCurdy then came along with his cart, and he assisted me to put deceased in the cart and take him home. Fiddis was unconscious from the time he last fell. He was not struck or kicked while on the ground, and no weapons were used by either.”
The accused is a son of Matthew Fogarty, a gardener, of Main street, South Dunedin. He has for some time been employed in Mr Shacklock’s foundry. His statement of the occurrence is as follows: "About 3 pm. I was with Fitzpatrick and Power in Macandrew road. Power was flying a kite. Fiddis came up to us and put his foot through the kite. I said: 'What did yon do that for? If you were my size you would not do it.’ Deceased replied: 'Wouldn’t I?' I said: 'Come on, then.' He handed a packet of sugar to Harley. We rushed at each other. Deceased struck me on the chest, and I struck him with my left hand. He fell down, but got up again and rushed at me. I struck him again with my right hand. He fell on his face. I thought he was only resting. I went home. I did not have anything in my hand."
The boy Fogarty was arrested last night by Constable Dale on a charge of manslaughter, and lodged in the central police station. At nine o’clock he was admitted to bail by Mr O. Fenwick, J.P., entering into his own recognisance for L50, while two sureties for L25 each were accepted. Messrs Robert Wilson and Thomas Dove, both of South Dunedin, entered Into the necessary bond.
FOGARTY BEFORE THE COURT.
When Mr Carew took his seat at the Police Court this morning William Fogarty was brought up on the information of Constable Dale, this officer having sworn that he did suspect Forgarty of the manslaughter of James Fiddis. Sergeant O’Neill said that he would respectfully ask for a remand till eleven o’clock to-morrow. An inquest was to be held this afternoon touching the death of Fiddis. Mr Hanlon, appearing for accused, said that he offered no objection. The owe was remanded accordingly, and on the application of Mr Hanlon the like bail as before was accepted,
INQUEST.
An inquest on the body was held this afternoon at two o’clock, at the residence of the deceased's parents in Oxford street, before Mr B. H. Carew, District Coroner, and a jury (Mr Joseph Hunt, foreman). Mr Hanlon appeared for the boy Fogarty, and Sergeant O'Neill was present on behalf of the police.
Thomas Fiddis, painter, deposed that the body was that of his son, James Graham Adair Fiddis, who was born at Maori Hill. The deceased was thirteen yearn old last birthday, and was attending school. Witness was at Caversham yesterday, and returned home about half-past four; but his son was not alive then. All that witness knew about the boy’s death was from hearsay. He last saw him yesterday morning. Deceased had never complained of being ill, even with a sore head, since he was eighteen months' old. He had never had a fit of any kind that witness knew of.
To Dr Barnett: In running races with other boys witness thought his son had good "wind,” and was very smart. He ”flew up” quick, but soon became calm again. He was not more excitable or nervous than other boys.
Walter Harley gave evidence similar to the statement given above. Referring to the breaking of the kite, he said that when deceased picked up the kite the second time he put his hand through it, breaking the sticks. After describing the fight, he said Fogarty hit deceased on the face with his hand, and deceased fell on to his knees and then to the ground, face downwards. He was breathing hard, and witness spoke to him, but got |no answer. He then lifted him up and saw that his eyes were closed. Witness then laid him down in the same position. Mr McCurdy then came along with his cart, and after witness had told him about the fight deceased was put into the cart and taken to his home. Witness did not notice any movement in the body after the deceased fell.
To Dr Barnett: Witness did net notice how deceased fell the first time he was knocked down
To Sergeant O’Neill: The kite belonged to Benjamin Power, and when he was flying it James Fitzpatrick, Fred. Booth, Peter Fitzpatrick, and William Fogarty were with him.
To Mr Hanlon: The first time the kite fell it was about 25yds from Power and the other boys. The kite was one that had been made by a boy; it was not a bought one. The cross-sticks in the kite were not broken; it was the bow on the top that became unfastened, and the paper tore away. Deceased then walked towards the boys with the kite in his hand, and while he was walking along be trod on the tail, and the kite was pulled out of his hand. Fogarty said to deceased "I’ll hit you in the mouth," and deceased replied “You will not." Fogarty then shaped up to deceased and struck him on the arm, giving him “the Coward’s blow," which among beys was understood to be a challenge to fight. Deceased then put down a parcel of sugar he was carrying, and rolled into the deceased. It was a fair fight, and none of the boys standing about interfered. When deceased was knocked over the second time Fogarty walked away with the other boys, and they all stood a short distance off. When deceased lay on the road witness thought he was resting. Mrs Cousins passed, and when she saw the boy on the ground she said there must be something up with him. It was then that witness lifted him up.
To the jury: Witness did not notice any rocks or stones about the road, and did not see deceased strike his head on a stone. The fight took place in the middle of the road.
Benjamin Power said that when he was playing in Macandrew road yesterday afternoon his kite fell, and deceased came up and hoisted it for him. It fell again, and deceased picked it up, and put his hand through it. Fogarty went up to deceased and commenced to fight. Fogarty hit deceased a blow which knocked him down, and Fogarty then walked away. The blow was not a heavy one.
To Mr Hanlon: When the kite fell the first time witness was a couple of yards from deceased. who picked it up. Deceased broke the centre stick and spoiled it. Fogarty took no unfair advantage of deceased, and after the fight all the boys walked away together, Fogarty being a little in front. Fogarty had the best of the fight.
To the Coroner: Fogarty and deceased were friendly before the fight. Deceased seemed very excited; he was wild.
James McCurdy, coal merchant, said that yesterday, between half-past three and four o’clock, he was in his cart in Macandrew road, and when at the corner of Baigent street he saw a boy on the road, lying face downwards. Witness picked the boy up, put him in the cart, and conveyed him to his home.
At 4.45 pm. the medical evidence was being taken. Dr Barnett made a port mortem examination of the body this morning, when he found that there was an internal effusion of blood into the base of the brain — an injury which in itself was sufficient to cause death, pressing as it did on the vital organs of the brain. -Evening Star, 29/12/1892.
SUPREME COURT
Criminal Sessions
Tuesday, March 7.
Manslaughter.
William Fogarty (14) was arraigned on a charge of having, on the 28th December 1892, feloniously killed and slain one James Graham Adair Fiddis.
Prisoner, who was defended by Mr A. C. Hanlon, pleaded guilty.
His Honor said he would not call on Mr Hanlon.
Mr Hanlon said that everything he could say on behalf of the boy was contained in the depositions which were before his Honor.
His Honor said: As I said in dealing with this case before, there is no doubt that the boy is technically guilty of manslaughter — that is to say, he struck a blow under circumstances which were not sufficient legal justification for a blow at all, and therefore he is, as I said, technically guilty of manslaughter, and it is in the interests of the safety of human life that the law does guard the result of any such action. However, as I said before, there is no suggestion that in this instance there was any animosity against the boy, or that the blow was struck under any other circumstances than those that would arise from a quarrel between boys. The only moral culpability of the boy is that he had engaged in a fight. (To prisoner :) The sentence of the court is that you are imprisoned for a term of one hour, and as that hour commenced from the commencement of the session you are now discharged. -Otago Witness, 9/3/1893.
No comments:
Post a Comment