FATAL STABBING CASE.
ONE BOY KILLS ANOTHER.
An unfortunate stabbing case, resulting in the death of a boy named John Cunningham, occurred at South Dunedin yesterday afternoon. The matter was briefly notified by a ‘Star’ extra last night, and the facts, as far as ascertainable, are that at about 3.30 yesterday afternoon four boys — two brothers named Graham, John Cunningham, and John Thomas Milburn — were standing at the corner of Macandrew road and Surrey street, South Dunedin, when an altercation took place between the Grahams. Cunningham separated them, and while doing so Milburn told him to leave them alone, Cunningham said he would not, and at the same time turned and kicked Milburn on the hip, and Milburn, who was whittling a piece of wood with a pocket knife at the time, retaliated by striking Cunningham with the hand in which he held the knife, the consequence of the blow being that the blade pierced Cunningham’s clothes and entered his breast in the region of the heart. The act was accomplished in a flash — in fact, both boys appeared to attack and defend on the spur of the moment and without a second’s thought, and so rapidly did the few events occur that the seriousness of the matter was not at first recognised; but when Cunningham, after walking a few paces, fell to the ground and lay there, the Grahams realised that he was injured, and at, once acquainted his father of the affair. Mr Cunningham, with the assistance of Mr Dixon, who resides near the scene of the occurrence, carried the injured boy to his home in Brunswick street, where ho slowly grew weaker, and died at a quarter-past four from internal hemorrhage. Dr Fulton, who was visiting a patient in the neighborhood, was called in, and was in attendance when the boy died.
The matter was promptly communicated, to the police, and Sergeant Brown had commenced bis investigations at four o’clock. He arrested the boy Milburn, who is twelve years of age, at five o’clock, near the Caversham Gasworks. When Milburn was told the charge against him he said: “Cunningham kicked me and I struck him with a knife.” When asked where the knife was he said he had thrown it away, but it was subsequently ascertained that he had hidden it in the pocket of a pair of his father’s trousers. The boy was removed to the Dunedin police station. The version of the occurrence given to the police by Frederick Graham, thirteen years of age, is as follows; The four of us were standing at the corner of the street. My brother and I commenced fighting, and John Cunningham separated us. I got a stick, and was going to hit my brother, but Cunningham prevented me. I ran away, and Cunningham followed me, and, throwing me down, look the stick from me and broke it up. My brother and Milburn were standing close by, and Milburn said “ Leave him alone.” Cunningham said “1 will not,” and kicked Milburn on the hip. Milburn, when kicked, had a white-handled pocket knife in his hand, with which he was scraping a piece of stick, and, without saying anything, he stabbed Cunningham in the left breast. Cunningham started to cry, and after walking a few paces, tell down on the road. My brother and I went and told Mr Cunningham.
The two families, Cunninghams and Milburns, have always been on good terms, and the two boys were pupils of the Macandrew road School. Sincere sympathy is expressed for the two families, the boys parents being highly respected by their friends in South Dunedin.
COURT PROCEEDINGS.
THE BOY CHARGED WITH MURDER.
At the Police Court this morning, before Mr C. O. Graham, S.M., Thomas Milburn (who is small for his age) was charged with, on February 5, feloniously killing and murdering John Cunningham. — Sub-inspector Kiely, who prosecuted on behalf of the police, asked for a remand until Thursday; and Mr A. C. Hanlon, who appeared for the defence, raised no objection, but asked His Worship to fix bail. The boy was only twelve years of age, and although he was charged with a serious crime, and one which was not usually bailed, he submitted that, taking into consideration his tender years and the fact that he would be kept under parental control, an exception might be made in this case. — His Worship said that it was usual never to grant bail in a case of murder, but under the present circumstances he supposed the police would offer no objection. Subinspector Kiely said the police would not object, but he would ask that the bail should not take effect until after the inquest. — Mr Hanlon: I do not object to that. His Worship: I suppose there is no risk or likelihood of the hoy being got out of the way. — Mr Hanlon: Not the slightest chance, your Worship. — Accused was then remanded till Thursday, and bail was allowed — accused in £200 and two sureties of £100 each.
THE INQUEST was commenced in the Fitzroy Hotel at two o’clock this afternoon before Mr C. C. Graham, coroner, Mr Thomas Smith being chosen foreman of the jury. Mr Hanlon appeared to watch the proceedings on behalf of the lad Milbnrn.
The jury having viewed the body of the deceased John Cunningham, evidence was given by Dr Fulton (who stated that the wound which caused death might have been caused by the pocket-knife produced), by John Cunningham (father of the deceased) and by Frederick Graham (aged thirteen, who was playing with the two lads when the stabbing occurred, and who related the incidents connected with it).
The inquest was proceeding when wo went to press. -Evening Star, 6/2/1900.
THE SOUTH DUNEDIN STABBING CASE.
THE INQUEST.
The following is the evidence given yesterday at the inquest on the body of the lad Cunningham;—
Dr Fulton said that at twenty minutes to four on Monday he was driving down Brunswick street, when he heard some screaming, and met a party of men carrying young Cunningham to his (Cunningham's) father’s house. He was ghastly white, sweating profusely, and yawning and throwing his arms about. Witness thought that he was then at the point of death. On carrying him into the house witness had him laid down flat on the bed, with the result that he rallied after a few moments and began calling out for a drink. Cold milk and water was given him. The front of his shirt was stained with blood, but not in great quantity, and in the front of his chest on the left side there was a small punctured wound from which a little black blood was oozing. The wound was situate one inch below the left nipple and two inches to the inside of it, passing between the fifth and sixth rib and directly over a portion of the right ventricle of the heart. The boy continued gasping and crying out: “Look sharp, I want a drink,” and throwing his arms about and rolling from side to aide, but always semi-conscious. On several occasions he answered his father’s inquiries as to whether he felt better, and once or twice said: “I’m smooth, I’m smooth.” That might have been intended for “I’m smothered.” From the first witness could find no pulse, but the heart could be distinctly heard beating regularly for fully half an hour after he saw him. About a quarter past four he struggled violently, and on listening witness could hear no heartbeat. He made one or two gasping respirations and threw his head forward, at the same time crying out: “Oh, the pain; the pain.” That was apparently the first time he felt the pain severely. Just afterwards he died. The ambulance from the hospital arrived at this moment. Witness thought that the wound led down directly to the heart. The fact that the hoy’s face became duskier showed that a sufficient amount of pure blood was not being circulated, and was probably leaking into the cavity surrounding the heart, the compression of the blood on the heart probably accounting for the pain preceding death and for the final heart failure. In his (witness’s) opinion if the knife (a pocket-knife) produced had been driven to within half an inch of home it would have pierced the ventricle of the heart. The wound was such as might easily have been caused by the knife. He noticed on deceased’s shirt a cut which exactly corresponded with the wound on the body.
John Cunningham, coal merchant, residing in Brunswick street, South Dunedin, deposed that he was father of the deceased, that half-past three on Monday afternoon a lad named Graham came into the and told him that Milburn had stabbed his son. He went along to Macandrew road as quickly as possible, and found deceased lying on the footpath. He saw the wound, and noticed blood on the left breast. He had the body taken home as quickly as possible, and at the door met Dr Fulton, who had just come on the scene. By the doctor’s instructions the boy was laid flat on the bed. Witness was present when the lad died. Deceased was fourteen years of age on the 7th of last month. When witness arrived on the scene Mr Dixon was with deceased, and helped witness to carry him home.
To Mr Hanlon: Witness and Mr Milburn were on friendly terms, and the two boys were schoolmates, and so far as he (witness) knew were on friendly terms with one another. They had been to school in the morning, but there was a half-holiday in the afternoon. Not long before the occurrence the boys were in witness’s yard waiting for deceased to come out to play. Frederick Graham, thirteen years of age, said that he was playing with deceased, John Milburn, and Willie Graham on Monday afternoon. Witness walked past his brother and put his hand on his back, and he (Willie) hit him with a stick. Witness went away to get a stick, and witness’s brother and Cunningham walked up the street. Witness went after them and hit his brother with the stick. Cunningham chased witness off the road and knocked him down, taking the stick away and breaking it. He knocked him down again. Milburn then said to deceased “Leave him alone.” Deceased said he wouldn’t. Milburn said “You will.” Cunningham then kicked Milburn, who retaliated by hitting Cunningham with a knife with which he was peeling a stick. He could not say whether the knife produced was the one or not, nor could he describe how he held the knife when making the blow. Milburn did not put his band into his pocket and take out the knife. He was using it at the time. Milburn went away home, and look the knife with him. Witness walked along a little way with Cunningham, and turned along a cross street. He did not see Cunningham fall. Deceased and Milburn, as a rule, were good friends, and they had all been playing together.
To Mr Hanlon: The four of them were chums, and often played about together, both at school and away from it. Up to the time witness’s brother hit him (witness) there was no quarrel between Milburn and Cunningham. When deceased and Milburn were rowing about Cunningham hitting witness they were not close together. Cunningham walked two or three yards to where Milburn was standing peeling a stick and kicked him. As soon as Milburn was kicked he struck at Cunningham. He (witness) did not know that a knife had been used until afterwards, when Cunningham opened his coat and witness saw the cut. The whole affair happened very quickly.
William Graham, nine years of age, corroborated the evidence of his brother, the previous witness. He knew that Cunningham had been wounded, because he saw some blood. When deceased fell down he asked witness to go home and tell, and he, went and told Mr Cunningham,, .
To Mr Hanlon: He saw the knife in Milburn’s hand as he was striking at Cunningham.
Sergeant Brown, in charge of the South Dunedin Police Station, stated that a few minutes before four o’clock on Monday evening he was told that somebody had been stabbed in Brunswick street. He went at once to Mr Cunningham’s house. Deceased was lying on the bed, and Dr Fulton was in attendance. Deceased seemed to be suffering great pain, and expired a few minutes after witness’s arrival. He (witness) then went to make inquiries of the lad Milburn, who had gone in the direction of the Caversham gasworks. He arrested him in the scrub there about five o’clock. When witness told him the charge Milburn said: “When Cunningham kicked me I struck him with a knife.” When asked what he had done with the knife he said he had thrown it away, but subsequently he said that he had put it in the pocket of his father’s trousers which were lying on the floor of their house. Witness spoke to Mr Milburn, who searched the garment and found a knife (produced), which had a little blood on the blade. (The clothing worn by deceased at the time of the occurrence was produced.)
This concluded the evidence.
The Coroner, addressing the jury, said that the only questions to consider were; was the act done with any malicious motive? If so it would be wilful murder. Or were there such circumstances connected with it that would reduce the crime to one of manslaughter, which meant that the boy heedlessly and thoughtlessly struck out on the impulse of the moment, forgetting possibly for the time being that he had a knife in his hand.
The jury, alter about a quarter of an hour's private consultation, returned a verdict of manslaughter, to which they added the following rider: "That John Thomas Milburn struck the deceased without thinking he had a knife in his hand at the time.” -Evening Star, 7/2/1900.
John Milburn was subsequently tried and acquitted for the manslaughter of John Cunningham. Fifteen years later, at the age of 27, he was killed in action on Gallipoli on April 25, 1915.
Southern Cemetery, Dunedin.
