THE ALLANTON TRAGEDY.
EVIDENCE OF FOUL PLAY.
A MAN ARRESTED ON A CHARGE OF MURDER.
THE INQUEST ADJOURNED.
The fatality which occurred at Allanton on Wednesday night has, in the light of subsequent events, assumed an importance that did not at first attach to it. The advice which we received on Wednesday night indicated merely that a woman had perished in the fire which destroyed the house in which she was living.
The charred body of the unfortunate woman, whose name was Annie Sinnott, was removed from the scene of the fire to the Cresccnt Hotel. Constable Carmody, in making an examination of the body, found what he concluded to be unmistakeable traces of foul play having been committed. Embedded in the woman's breast over the region of the heart was a one pronged carving fork. This at once suggested that instead of the woman having lost her life in the fire, the house had been set on fire to cover up a serious crime. Constable Carmody at once instituted inquiries, with the result that on Thursday morning he arrested a man named Hugh Sweeney. The arrest was made so quietly that most of the residents of Allanton were not aware of the fact, and it was not until steps were taken to get together a .jury for the coroner's inquest that it became known that the death was surrounded by suspicious circumstances.
Meantime Constable Carmody brought his prisoner to Dunedin, and at the Police Court shortly after his arrival Hugh Sweeney was formally charged before Mr C. C. Graham, S.M., with the murder of Annie Sinnott at Allanton. On the application of the police a remand was granted till Friday, April 4. Mr A. C. Hanlon has been retained for the defence.
From inquiries made by the police it appears that the accused was in the habit of visiting the house of the unfortunate woman Sinnott, and that he and another man were there on Tuesday night, when it is believed some drinking went on. On Wednesday night, about 8 o'clock, two or three of the neighbours saw Sweeney about the house. He was seen to enter it, but so far as can be gathered, no one saw him taking his departure. At any rate, later on he went into the hotel and called for a glass of liquor. He was very flustered and excited. After taking a drink lie went away, and very shortly after he had gone the fire was discovered.
So far the police have been unable to ascertain any reason for the alleged crime. Whether the man and woman had had a quarrel or not is not quite clear, but there appears, to be cause to believe that something of the kind took place.
The coroner's inquest into the circumstances attending the death of the unfortunate woman was opened at Allanton on Thursday morning before Mr C. C, Graham, district coroner, and a jury, and, after viewing the body, the inquiry was adjourned until Thursday morning, at 9 o'clock. The body is fearfully charred, and practically nothing remains of it but the trunk.
A post-mortem examination of the body was made yesterday, when it was found that the fork had pierced the woman's heart. Such a wound inflicted on a person would be quite sufficient to cause instant death. Annie Sinnott, the deceased, was a widow, over 50 years and lived by herself in the house which was destroyed by fire. Her late husband was a successful contractor, and the couple resided for some years at Titri where the husband owned some property. On his death he left his widow provided for with a certain income. She removed to Allanton, and has resided there since her husband's death.
Hugh Sweeney, the man under arrest, stoutly denies that he visited the house of deceased on Wednesday prior to the discovery of the fire, but on this point he is contradicted by several of the woman's neighbours. Sweeney is a single man, and has been resident in the Taieri district for many years. He usually worked as a labourer or as a groom. The police are making inquiries for the whereabouts of the man who visited the house of deceased with Sweeney on Tuesday evening. It is anticipated that this man will be able to give some evidence as to whether there was any disagreement or quarrel on that occasion between the unfortunate woman and Sweeney. Meantime; as already stated, the evidence which has been got together has, it is believed, not disclosed any motive for the alleged crime. The police are naturally reticent until they are in a position to place the whole of the evidence before the coroner and a jury when the inquest is resumed. -Otago Daily Times, 29/3/1902.
THE ALLANTON TRAGEDY
The police have discovered the whereabouts of the man who was in the house of Mrs Annie Sinnott with Sweeney on the night before the unfortunate woman met her death, and have had him conveyed to town with the object of finding out whether he can throw any light on the affair. His name is Jacob Switalla.
About a quarter of an hour after the building had been consumed by the fire, the galvanised iron roof was removed, and the body of the woman Sinnott discovered in a semi-roasted condition. From the description given by the Taieri Advocate, the remains must have presented a deplorable spectacle. The head was reduced almost to ashes, and the portion of the body from below the arms upwards was so destroyed that the white-scorched bones alone wore visible, while below a little heap of greyish ashes was all that was left of the lower limbs from above the knees downwards. Constable Carmody's attention was first arrested by what appeared like a thin steel spike sticking out of the upper portion of the body just where the flames had consumed the flesh, A closer inspection revealed the fact that the spike was the handle of a three-pronged table fork. One of the prongs was broken, and the instrument was embedded in a small round burnt mass of flesh which was taken to be the heart of the deceased. Hugh Sweeney, the accused, for the last 20 years or so has been living with the deceased. During a portion of this period he was living with her at Waihola, Caversham, and Allanton. During the past two or three weeks, however, he has been living apart from her, and put up in a small structure. Another man's name is associated with that of the woman during that time, and it is understood that a cause for the terrible deed will be assigned from this fact. A pathetic incident occurred at the fire which affected strongly the onlookers. The cries of a little dog belonging to the deceased could be heard from the burning building, but nothing could be done to help it. Afterwards a few bones near the corpse showed that the little animal had crouched for shelter beside its mistress and there perished. The building in which Mrs Sinnott lived was insured for £25 in the New Zealand Insurance Office and belonged to Mr John Smith, of Waikouaiti. -Otago Daily Times, 31/3/1902.
THE ALLANTON TRAGEDY
Resumption of the Inquest.
AN OPEN VERDICT RETURNED
The peculiar circumstances and miserable surroundings of the grim tragedy at the little township of Allanton on the night of March 26, whereby an unfortunate woman died a horrible death, have naturally quickened public interest throughout the colony, and in the district in the centre of which the tragedy occurred it is almost the sole topic of conversation. The deceased woman, Annie Sinnott, was the widow of a once well-known farmer and contractor at Waihola, who died about six or eight years ago, and since that she seems gradually to have given way to drink. Those who knew her well at Allanton, Caversham, and Waihola describe her as a well-formed, fullblooded woman, who had once been rather strikingly handsome. She was very well connected, and it is stated every effort was made to reclaim her, but in vain, and her brothers at last left her at Allanton, despairing of being able to induce her to give up her intemperate habits, and had arranged for a competence of 10s per week for her. The man Hugh Sweeney, who had for some years occasionally resided with her, is a labourer, and seems also to have given way to drink rather frequently. He is a man of about 50 or perhaps more, squarely and stoutly built, and with grey hair and moustache turning grey. As already stated, he was placed under arrest on the charge of murder. Residents of Allanton state that though the deceased was of intemperate habits there were occasions, sometimes lasting for months, when she had abstained from liquor entirely.
The house which was burnt down stood in a hollow beside the Main South road, but not in a lonely position, as there are several residences within full view of the site, and one house is not 40 yards away, while there is a store directly above it. The hut occupied by Sweeney latterly is opposite the site of deceased's house, at the other side of a small paddock. The site now is, of course, simply a heap of charred debris, and only the chimney remains standing. The fire must have burnt fiercely, as not a trace of wood of any sort remains. On the site of what had been the living room lie a few small bones, a heap of copper wire springs, some burnt glass, and a heap of burnt roofing-iron. The site of the other room (for there were only two) shows little or no trace of furniture.
It is a quiet locality, and naturally both the deceased and the accused were known by all the inhabitants, who all speak of the deceased as having been good-natured and of a kindly disposition. It goes without saying that the burning building must have been a veritable furnace, as evidenced by the extent to which the remains were cremated — the legs being burnt off and the heart itself burnt. The hole caused by the instrument is a round, smooth perforation, and it does not seem probable that it could have been made after death. To drive the instrument into the position in which it was found must also have necessitated the use of considerable force, as, in order that the long prong should be through the heart, the second broken prong, by its length, must have not only entered the body but have been almost touching the heart. It must be remembered, also, that this broken prong is not sharp. It is probable — in fact, natural to suppose — that the metal prong, becoming red-hot, would sear the hole right through the heart. Of course the fire destroyed all evidence that would naturally be looked for in a case where crime is suspected. If a struggle had taken place there could be no means of discovering any trace of disordered dress or furniture, or bloodstains — and such a wound would, if inflicted during life, have caused a copious flow of blood.
The inquest was to have been held in the commercial room at the hotel yesterday, but as it was not large enough the Public Hall was requisitioned for the purpose. The proceedings seemed to cause considerable sensation in the township, and both morning and afternoon the building was well filled by the public. The accused seemed to take a keen interest in the evidence, and was occasionally somewhat agitated; but after the verdict he evinced no signs of excitement, and gave instructions calmly for the disposal of the personal effects in his hut. A small crowd gathered at the railway station as he was placed on board the train in the custody of Detective Cooney.
THE INQUEST.
The inquest on the body of Annie Sinnott, whose charred remains were found in the recent fire at Allanton with a carving fork alleged to have been thrust in her heart, was resumed at Allanton at 9.30 yesterday morning, before Mr C. C. Graham, coroner, and the same jury. Mr J. P. M. Fraser, Crown Prosecutor, appeared on behalf of the Crown, and Mr A. C. Hanlon watched the case for the accused, Hugh Sweeney. Inspector O'Brien represented the police. Hugh Sweeney, who is under arrest on the charge of murder, was present in custody. The medical evidence was first taken.
Dr E. Blomfield, Dunedin, stated that he had examined the body at Allanton on Good Friday, in company with Dr Cattail, of Outrun, and Constable Carmody. He first examined the scene of the fire, and the position of the bones and remains that had been found amongst the debris. The room in which the remains had been was about 11ft by 11ft. About 2ft l0in from the wall opposite the door was part of the thigh bone, and 30in from this, towards the bedroom, he had found a portion of the left leg bone, and near this a piece of one of the foot bones; while 12in from the thigh bone, towards the door, he had found a piece of the lower end of the right thigh bone; and below this, pieces of leg bone and also the remains of the right foot. Near the top of the thigh bone were portions of some hairy material, probably the remains of a chair; and outside this, near the door, a mass of burned paper. About 29in from the wall opposite the door he had discovered portion of an arm bone; 11in from the same wall a portion of the right side of the skull; and in front of this two pieces of ribs. About 11in from the skull bones was a portion of the right arm bone, and extending from this remains of the right arm and hand. The piece of the head bone was 7 1/2ft from the fireplace. Near the wall were springs, probably from the couch or bed. He also noticed one or two glass bottles and a knife and a spoon.
To Mr Fraser: He had proceeded then to the Crescent Hotel, where, in a shed, he saw the charred remains. They consisted of the trunk, with the front walls burned away and both legs burnt off, leaving about 6in. The body was that of a female. The right arm was missing, and the left arm from below the elbow. Parts of the skull were missing, and a good deal of the face was burned away. The skin over the buttock was little affected. The lungs were shrivelled, and the heart was also shrivelled, and in it was embedded one prong of a two-pronged fork, the other prong being broken. The fork produced was the one he had seen extracted. The prong had entered at the upper part of the right ventricle, pierced this, and the point had appeared near the apex of the left ventricle.
Mr Fraser: Could the blow have been delivered during life, and would it have caused death instantaneously?
The Witness said it would probably have been a quiet death. In many cases of wounds of the heart the victims might survive an hour, or death might be instantaneous. The handle of the fork was lying obliquely, and with the point towards the right collarbone. The portion of the fork embedded in the heart measured 2 1/4in. The liver was present as a large dried mass, and on the outer side of this was some soil. Most of the bowels had been burnt away, but a portion of the large intestines remained, and was very red in colour. The brain was very much shrivelled up, and the head was much retracted, and portion of the lower jaw and the tongue remained. The right cavity of the heart contained some clotted blood, and the left was empty.
To Mr Hanlon: The point of the fork just protruded from the heart. No part of the broken prong had entered the heart. That organ was very much shrivelled, and, judging by the sine of the remains, he should say the heart must have shrunk to about half its normal size. Dr Cattan had extracted the instrument. Witness added that at the place of entry of the instrument into the heart there was a clean hole, sharply defined.
To the Coroner: He would regard it impossible to say whether the fork had been inserted in the heart before or after the burning. If it had been inserted after the burning, during the course of the removal of the trunk, it would have probably made a more jagged hole, and would probably have had the effect of tearing the heart from its attachment.
Dr Cattan, of Outrarn, said he had examined the remains in company with Dr Blomfield. He had heard Dr Blomfield give his evidence, and he (Dr Cattail) agreed with the result of the examination, excepting one or two little details about measurements.
To Mr Fraser: The heart had been very much shrivelled and blackened. He had seen the fork prong embedded in it, and had extracted the instrument. It was firmly embedded in the heart, and required a considerable pull to draw it forth. The appearances he noticed about the heart were consistent with the theory that the woman had been stabbed with the fork during life, and death had resulted therefrom. That was certainly the most probable deduction.
John Currie, storekeeper at Allanton, stated that the deceased had resided about 60yds from his store, on the Main South road. He knew Hugh Sweeney, who had been charged with murder. Mrs Sinnott had been of intemperate habits. He had last seen her about 10 o'clock on the night of the day before the fire, and she had then called at his store for some candles, and was then slightly the worse for drink. She had lived there about four years, and sometimes she had been by herself and sometimes Hugh Sweeney had lived with her. On March 26 witness had been out travelling, and had arrived home about 8 p.m. He noticed a bright light in the direction of the deceased's house, and called out that Mrs Sinnott's house was on fire. There were two men on his verandah, Thomas Christie and Henry Hasler, and they ran in the direction of the glare; and witness ran for a bucket of water and then proceeded to the fire. When he arrived at the scene the flames were coming from the window of the bedroom and from the door. The sash of the window had been slightly opened, and the bulk of the fire appeared to be in the bedroom. He could not get into the house. After some time, when the fire had subsided, he discovered the body in what had been the kitchen. Part of the body had been covered by a piece of roofing iron. Constable Carmody had then arrived, and thrown water on the body and removed the iron. The body was on its back, with the feet towards the bedroom door. He had procured a rake, and with this the body had been removed. He had assisted to remove it, and it was laid on the top of the bank at the back of the house. He had paid close attention to the body when raising it, and he had seen the clothing taken out from under the body, recognising it as having been portion of some garments he had sold to Mrs Sinnott. He had been in the habit of drawing Mrs Sinnott's income, amounting to £2 a month, from the Perpetual Trustees, and had done so for the last four years. He had seen Sweeney on the night of the fire, about five minutes before witness noticed the fire, and before he (witness) had pulled up at his store, in Grey street, between the Public Hall and the hotel, coming from the hotel, and about 50yds from the hall. There had been a boy with him, and he was going in the direction of Mrs Sinnott's house. Witness had seen Sweeney at the fire, and he had arrived before the constable. Sweeney seemed then slightly the worse for liquor, and had said, "Try and get the old girl out of the fire." This had been generally addressed to those present. A man named Finnie had been present, and witness heard Sweeney accuse Finnie of having set fire to the house. Witness had photographed the remains, and the photo produced was the result.
To Mr Hanlon: The deceased was a stout woman, who had been rather good-looking. Witness had found a piece of corset with the clothing he had previously referred to.
Henry Hasler, baker, Allanton, said he resided in a house adjoining the site of the deceased's home. He had known the deceased for about five years, and also knew Sweeney. He did not know what relationship existed between the deceased and Sweeney; sometimes they lived together and sometimes apart. Occasionally witness had heard quarrelling, which he look to be between the deceased and Sweeney. He had last seen the deceased alive on the Monday (March 24). She had been at Roxburgh's store that morning, and seemed quite sober. On Wednesday, the night of the fire, witness had passed Mrs Sinnott's house about 8 o'clock, and had gone to Currie's store. Just then Currie had driven up. He had then ran to the fire. When passing the house previously he had heard deceased's voice raised, as though she was in anger arid excited. He had heard no other voice. Witness and Christie had been first on the scene of the fire, and when they arrived he found the smoke and flames coming from the bedroom window, which was open from the bottom about 4in or 6in. There was only one door, which was closed, but not locked. Witness had opened the door and tried to get in but the smoke and heat drove him back. He had gone down on his hands and knees to get under the smoke, but could hear nothing. Later on he heard a small dog crying out. He knew of a small dog which had been the property of either Sweeney or Mrs Sinnott. Witness had seen Sweeney at the fire, but had not particularly noticed his condition. Constable Carmody had arrived about an hour and a-half after the fire appeared. On March 25, at night, he had heard loud talking in the deceased's house, after witness had gone to bed. Sweeney had been residing for some time before the fire in a little hut opposite the house occupied by witness. There had, on this occasion, seemed to be more than one voice in Mrs Sinnott's house.
To Mr Hanlon: He could not distinguish what Mrs Sinnott was saying on the night when he passed, but she had seemed agitated.
David Finnie, labourer, Allanton, said he had known the deceased for the last eight years. During that time she had sometimes lived alone and sometimes Sweeney resided with her. Witness knew Sweeney quite well, and Sweeney had been living in a hut opposite deceased's house during the week preceding the fire. Witness, on the evening of the fire, had been going to the Presbyterian Church about 6.15, and opposite the Catholic Chapel he had met Sweeney, who said, "Good evening, Davie." Witness replied, "Good evening, Hughie." Sweeney had said, "You are in a hurry," and witness replied, "I am behind time." Sweeney was then going in the direction of his hut, and had been accompanied by a little white dog, which was now in witness's possession. Witness had been at the church practice about an hour, and had then gone to his house, which was beside the Main road and between the deceased's house and Currie's store. Witness had stopped at his door a while, and Sweeney came up then from the direction of the deceased's house. He had asked if witness had seen the little dog. Witness replied that it had been with Sweeney earlier in the evening, and Sweeney had then gone away. Sweeney was then under the influence of drink. Sweeney had had a conversation with witness on March 10.
MR Fraser: What did he accuse you of?
Mr Hanlon objected that this was not relevant.
Mr Fraser urged that it might throw some light on subsequent events.
Witness: He accused me of speaking about his character.
Continuing his replies, the witness said Sweeney had struck him, and had said that Mrs Sinnott was keeping him (witness) in food and had been doing so for the last two years. Sweeney and Mrs Sinnott had occasional quarrels, but witness had not seen any blows exchanged. Witness was not the cause of the quarrelling. Sweeney had often spoken to witness about the deceased, accusing him (witness) o[ being down at her house. Witness had been at the fire, and Sweeney had said, "You old —, it was you that set fire to it." Witness had relied, "No!"
Antoni Velenski, butcher, Allanton, said he had known the deceased for about two years, and Sweeney for a number of years. Sweeney had resided in the deceased's house occasionally. On Tuesday, March 25, witness had last seen the deceased alive. On Wednesday, March 26, about 7 p.m., he had seen Sweeney sitting in front of Mrs Sinnott's bedroom window, and he was calling out, "Annie, let me in," repeating these words several times. Witness had later heard him say, "Annie, you old .... let me in." Shortly after witness had seen him stagger to the door and go in. Witness had seen Sweeney at the fire, and heard him say some one ought to go for Constable Carmody. Witness had also heard him crying and saying, "Poor Annie."
To the Foreman: This was on the night of the fire.
Martha Velenski, wife of the previous witness, stated that on Wednesday, March 26, she had been opposite deceased's house, about 7 p.m. She corroborated the evidence of her husband as to seeing and hearing Sweeney in front of the deceased's house. After Sweeney had entered the house she had heard no further sound.
To Mr Hanlon: She judged the time by the time she had left a house where she had been visiting, it being then 25 minutes to 7 o'clock exactly. She had not heard the deceased reply to Sweeney, and did not know if she had been inside at that time.
Rosalia Kreft, wife of Joseph Kreft, residing at Allanton, stated that on March 20, the night of the fire, she had been on the Main road, and had seen Sweeney. She was then in full view of deceased's house, and had seen him looking through the window and calling out, "Annie, let me in." When the fire was burning Sweeney had called at witness's house. Witness said "It is awful about Mrs Sinnott," and he replied, "I haven't been across the road until the fire." Witness said, '"Hugh, you were." He had replied, "I was not." She had then said, "Hugh, I was seeing you." She thought then that Sweeney was "full of sorrow," as he was crying at the fire. Witness was too excited to notice whether he was sober or not. She had seen blood on his face. Witness identified the rings produced as having been the property of deceased.
To Mr Hanlon: There had been no one about except Sweeney, when she had heard him saying, "Annie, let me in." Some considerable time after this the fire had broken out. The blood had been a streak on his cheek. She had not seen Mrs Velenski on the road.
Joseph Kreft, labourer, Allanton, corroborated the evidence of the previous witness as to Sweeney living with the deceased, and said he had heard occasional quarrels. Sweeney had not been living with the deceased for about a fortnight prior to the fire. Witness had seen the deceased alive on the forenoon of Wednesday, March 26. He did not think she was quite sober. She was then proceeding homewards. He had seen Sweeney on the night of the fire between 6 and 6.30 o'clock. He had been at deceased's door, had then gone to the bedroom window, but witness had not heard him call out. After the fire Sweeney had come to witness's house. Witness could hardly say Sweeney was sober. Witness had told him he (Sweeney) was there, and he had denied seeing Mrs Sinnott. Witness had said, "Hughie, you was. If it was not you it was your ghost." Sweeney had replied, "You are a liar." Witness had not replied to this, and Sweeney had then gone away. There had been a small streak of blood running down his cheek, but witness could not say whether it was wet or dried.
At this stage the inquest was adjourned, it being noon, until 1.30 p.m.
When the proceedings were resumed,
Albert Brocket, Allanton, labourer, Stated that about 7.30 p.m. on the day of the fire he had seen Sweeney, who asked him if he had seen his (Sweeney's) dog. Sweeney then appeared somewhat under the influence of liquor. About 8 o'clock he again saw Sweeney in Castelton street, and asked him if he was going to work on the next day. He had replied that would be too wet. Witness had walked up with him towards the Main road, and Sweeney had asked him "not to get at him about being drunk" when they went to the mill again. Witness's brother passed them, and said that Mrs Sinnott's house was on fire. Sweeney had said something, but witness could not remember what. They both ran to the fire then. At the fire he had heard Sweeney sav, "Oh, my God!"
John Smolenski, labourer, stated that on the night of the fire, at 6.30 o'clock, he was grubbing a gorse fence near Mrs Sinnott's house, and had seen Sweeney go past Currie's store. Witness had watched him go to Mrs Sinnott's house. He tried the handle of the door, and called out twice, "Annie, open the door." The door was not opened, and he had then gone to the bedroom window, and, shading his eyes with his hand, peered in. Witness had then gone across the road, and had not seen Sweeney again.
Thomas Briggs Christie, farmer, said he had last seen the deceased alive on the morning of the day of the fire. She was not sober then. She had gone to him to arrange about the lease of a cottage.
Thomas H, Latchford, labourer, gave evidence regarding the deceased and Sweeney having resided together sometimes. Witness had given Sweeney a "shakedown" some months ago. They had had a conversation, and witness had asked him, when he had knocked at the door, "What was the matter?" Sweeney had not replied, but had entered and sat down. Then he said, "Well, I have got turned out." He then told witness that two men came to the house of deceased, and he could see he wasn't wanted, so "cleared out." He had gone back and looked through the window, and saw one Jacob Switalla in bed with Mrs Sinnott. He had then drawn his pocket knife, and stated his intention of going back and "ripping up" one of these men. He had met Sweeney again the day after the fire, but had not conversed with him.
Mr Fraser: But did you not speak to him since the fire?
Witness: No, sir.
Mr Fraser: But you have made a statement to the police and detectives to that effect.
Witness: I was under the influence of drink then, I was under the influence of drink the day after the fire, and when I talked to the police.
Mr Fraser: Your wife took you home that night?
Witness: Well, she said she did.
Annie Latchford, wife of the previous witness, stated that she had been at Mrs Sinnott's house about 6.30 p.m. on the day before the fire. Jacob Switalla had been there, and there had been whisky and beer passed round. When she left, about 9.50 p.m., Switalla, Sweeney, and the deceased were in the house.
Jacob Switalla stated that he had known Mrs Sinnott for about eight years, and Sweeney for about 15 or 19 years. On the night of March 25 he had gone to see the deceased, between 8 and 9 o'clock, and had taken a bottle of whisky. After a time Sweeney had arrived, and had asked witness "What are you doing here?" Witness replied that he had come to sec how he (Sweeney) was getting on, and then invited him to drink. The rest of the evening was passed at the house, and Sweeney had procured more whisky. Mrs Sinnott had been in and out of the house, and about 10.30 she had gone to her bedroom, Sweeney following her. There had been a "bit of a scuffle" in the room, and he had heard the deceased scream out slightly. Witness had gone to the door of the room, and had seen Sweeney holding her by the arms. Witness had said, "Leave the woman alone, and don't go knocking her about." Sweeney had replied, "You have no — business interfering, clear to out of here." Deceased was moaning then. Witness left immediately afterwards. Witness was about the hotel all next day (the day of the fire). Sweeney and deceased had always seemed to be on fairly good terms, but Sweeney was on bad terms with witness because of witness's having gone to see Mrs Sinnott occasionally.
Arthur Ede, labourer, gave evidence to the effect that late on the night of the fire, about midnight, Sweeney had gone to witness's house. He had said it was a "sad affair about the fire." Witness had asked him if he was going home, but he had replied that he was frightened. Witness saw him home to his hut, but he did not go inside, sitting outside on the door step.
Patrick Carmody, constable, stationed at Outram, stated that on the night of March 26 he had been called at 5.45 to Allanton. He had arrived at the scene of the fire about 9.30. The house was then burned down, and a number of people were standing round. The body was pointed out to witness by Mr Currie, and it was lying on its back in the space formerly occupied by the kitchen. Witness had procured water, and had it thrown on and around the body. He .had then removed the sheets of iron, and, a rake being procured, he had drawn the body out of the fire. Witness had placed some bags round the body, and then, with assistance, laid it out on the bank. He then lifted the bags, and, by the aid of a light, saw that the legs, head, and right arm were burnt off. He had noticed a carving fork stuck in a rounded, black substance in the body, which he took to he the heart. The handle of the fork was then lying towards the neck. Only the steel shaft of the handle remained, the bone or wooden sheath having disappeared. Witness had improvised a stretcher, and had the body removed. When the body was lying on the bank, covered with sacks, Sweeney had come up to it, stooped down, and said "The dear old girl." He had put his hand under the bags. Witness, seeing that Sweeney was under the influence of liquor, pushed him away. Witness had asked him when he had last seen Mrs Sinnott, and he had replied, "Oh, I haven't seen her this evening; I've not seen her since last night." About midnight witness had gone to Sweeney's hut, and had seen him there, sitting on the door step. He had gone towards the gate to meet witness, and said "This is a terrible affair. I can't rest." Witness replied that he had come to see if he (Sweeney) could give him any information. Sweeney had said, "Eight o'clock last night was the last time I saw her, and I have not been near the place or seen her since." Witness had asked him further questions, and he had said, "I stayed with her on Monday night and all day Tuesday." He had also admitted to drinking going on, and said that Mrs Sinnott had asked him for some money to go for beer on Tuesday night, but he said he would not as she had had enough drink, and she replied that she would go and get some without money, and had gone out. Sweeney had further related the conversation which took place when Mrs Latchford arrived, and told him (witness) about Switalla's arrival with a bottle of whisky. This had been emptied, and Sweeney had gone for another. He had said that he and Switalla had quarrelled, as Switalla wanted to stay with Mrs Sinnott. After the quarrel, Swittalla left, and accused said that he left shortly after. Sweeney said that he had not seen Mrs Sinnott after. Witness got more information, and afterwards arrested Sweeney, and then warned him, when he said that he could not say more than he had said already.
Detective Cooney gave evidence, and the Coroner having summed up, the jury, after retirement, returned a verdict that the cause of death was by deceased having been stabbed in the heart by a fork, the house having been at the same time set on fire, but that there was no evidence to show by whom.
Sweeney was brought back to Dunedin in custody. -Otago Daily Times, 4/4/1902.
The grave of David Sinnott, in Waihola Cemetery. It is reasonable to assume that Annie's remains were placed there. Photo from "Find a Grave."
In the trial of Hugh Sweeney, Hanlon, as he relates in his memoirs, placed great importance on the fork - when it was seen in the heart of Annie Sinnott, when it was not, and the condition of it when examined. He did his own practical research using second-hand toasting forks and pigs' hearts, as related by him in his memoirs:"When I reached home I stabbed one of the hearts with a fork, piercing the organ after the manner of the transfixing of the heart of Annie Sinnott. I then burnt fork and heart in the kitchen range and carefully noted the effect of the burning on the exposed portion of the fork prongs. My next move was to burn another heart, stick it with another of the forks, and let it cool, again studying the reaction of the metal at the tips of the prongs. After a couple of nights of this sort of thing, I was summarily dismissed from the kitchen and told to continue my diabolical practices in the washhouse. But here again I encountered opposition, for now the unsavoury odours of burning flesh were wafted from the low chimney of the copper to the protesting nostrils of the man next door, who enquired very indignantly 'what the hell I thought I was doing?' My end was finally achieved and I provided myself with a lot of interesting data which should have proved invaluable later on.
"But all my work was rendered useless and unnecessary when I elicited from the medical witnesses in cross-examination that they had not cut the fork out of the heart, but had pulled it out. As cavalier treatment of an important piece of evidence, that was bad enough, but they had then proceeded to experiment with the thing on the liver, jabbing it in and withdrawing it again two or three times, thus polishing the prongs and completely destroying the only valuable piece of evidence in the case."
The prosecution were unable to present a murder weapon which could be shown to have penetrated the heart of Annie Sinnott before her death.
Hanlon did not present witnesses after the prosecution had made their case. He spoke to the jury for just over an hour.
THE ALLANTON MYSTERY.
SWEENEY BEFORE THE COURT.
VERDICT OF NOT GUILTY.
(By Telegraph. — Press Association.)
DUNEDIN, Thursday,
The trial of Hugh Sweeney, charged with the murder of Mrs Annie Sinnott, at Allanton, on March 26, was concluded to-day.
The hearing of the evidence having been completed, Mr Hanlon addressed the jury in a speech extending over an hour. It was pointed out that accused was not near the house when the fire was first seen, and there was evidence that the deceased woman had been heard speaking in her house a little before the fire. The medical evidence did not negative the theory that the fork had become embedded in the heart after death. When the body was taken out of the fire by Constable Carmody, with a rake, it was pulled up an incline, but slipped and rolled over into a ditch, where there was debris from the house. Then there was the unlikelihood of a fork being used as a weapon at all. Accused certainly did tell a lie when he said that he had not been at the house on the night of the fire, probably because he did not want to be blamed for the fire. That lie might probably weigh against him if there were other circumstances connecting him pretty closely with the crime, but there was not one single circumstance that pointed to his guilt. For that reason he (Mr Hanlon) would not discuss the alternative of manslaughter. There was nothing, he confidently submitted, connecting accused with the crime. In conclusion, he asked the jury to weigh the evidence with the greatest possible care, and consider the case with the gravest caution, and proceed to their finding, not upon suspicion, but upon cogent and sound reasons before taking the responsibility of consigning a fellow being to the hangman's rope and a felon's grave. \
Mr Justice Williams having summed up the jury retired for an hour and a-quarter, and returned with a verdict of not guilty. Accused was at once released. The Judge, in thanking the jury, expressed concurrence with the verdict. -Evening Star, 5/6/1902.
Hugh Sweeney, sadly, had little time in which to celebrate his freedom.
Eighteen months ago great public interest was taken in the trial of Hugh Sweeney, who was charged at Dunedin with having caused the death of Annie Sinnott, whose charred remains were found, with the prong of a carving fork m her heart, among the smouldering ruins of a hut at Allanton. Sweeney and Sinnott were known to have resided for some time in the hut, both were given to drinking, and there had been much quarrelling just prior to the tragedy. But, the evidence was not strong against the man, and he was discharged. Whether innocent or guilty of the Allanton tragedy, Sweeney's fate has been a terrible one. Death came to him as a great relief the other day, in an outbuilding at the Dunedin Hospital. Some months ago a horrible malady — a cancerous growth in the neck — developed, and sent him to the hospital. The disease was so bad, and rendered Sweeney so objectionable, that he had to be isolated, and in that isolation he died lingeringly and in extreme agony. -Freelance, 17/10/1903.
The pauper's grave of Hugh Sweeney, shared with eight others, in Dunedin's Southern Cemetery. DCC photo.
