Notes |
- THE DOUBLE MURDER AT NEWCASTLE.
THE ADJOURNED INQUEST.
The adjourned inquest concerning the death of John and Johanna Macpherson, who were brutally murdered on the 16th instant, by a man named John Johnson, was resumed on Monday before Mr J Adam, RM, the coro- ner, and a jury consisting of Messrs W J Stewart (foreman), J Donegan, and T Kingston.
The sitting was extremely protracted. It commenced at three o'clock in the afternoon, and continued until two o'clock the following morning, when an adjournment was made until 10 a.m. the same day (Tuesday). Great interest is being taken in the enquiry at Newcastle, more particularly on account of tho charges of cowardice and incapacity made against the police, and which are be- ing fully enquired into.
The following evidence was taken :
Dr Mayhew deposed : I remember the night of the 16th instant, I was summoned to attend the MacPherson's. Constable O'Leary awoke me about 11 o'clock. He said some one had been shot, or shot at, at Hawthornden. He did not say who the party or parties were. He asked me to come out. I at once started as soon as possible afterwards. When we arrived at Rosevear's Mr Rosevear offered to drive me up. He went with me ; I then went to John MoPherson's place.- It did not take me long to arrive there. I went at a usual trap pace. I did not take the time. On my arrival at McPherson's place I saw Constable McAtee and Sergeant Farley, and two or three others whom I did not recognize They were outside the house. Sergeant Farley told me on arrival that McPherson and his wife had been murdered, and that there was a boy inside terribly injured, but still living. Sergetnt Farley then took me into the house, and cautioned me not to step into the blood. I first noticed the body of John McPherson on the verandah, I then noticed the body of Mrs. McPherson. I examined the bodies, and found that they were dead. I am sure that they were dead over an hour after receiving the injuries. They conld not possibly live ton minutes after receiving the injuries. I then saw the boy Duncan McPherson. He was laying on his right side. He had boen vomiting. The Sergeant said he had not moved him. I told him (the Sergeant) he had done perfectly right in not doing so. I think under the circumstances the boy's position was the best he conld have been in. I was afraid on removing him that he might faint away, and that he would not recover. I made the remark to the Sergeant " Have you any stimulants ?" as I wanted to prevent a collapse in the boy. The lad was very seriously injured. Both eyes were black and closed, and showed that the wounds had been inflicted some considerable time before my arrival. There were both food and blood in the boy's vomit. I was told by the sergeant that stimulants had been ordered, and the sergeant sent p c. McAtee to fetch the same. I did not get the stimulant because the person who had it had gone away. I then attended to the boy. I washed his wounds &e. I was assisted by Patrick Lynch and Sergeant Farley. Lynch appeared horrified at the sight of the boy, and excited. I would not swear that he was under the influence of drink. I had waited some time for brandy so as to administer it to the boy. The case was such a serious one that I hardly liked to remove the boy for fear he would die, and at first I did not like to take him away in my trap, but eventually I did so. Sergt Farley and Lynch carried the boy out to my trap. I heard the Sergeant say to Lynch "Be as careful as you can." I do not remember the time when I left. The Sergeant gave me a message for the coroner. I examined the body of John McPherson on the 17th inst (post mortem). The left side of the head was perfectly smashed in. No vestige of the left ear was left. The upper jaw was also fractured. I found no trace of shot in the head. The upper part of the body was very much burned. The wounds seemed to be inflicted by some blunt instrument. The gun barrel produced would inflict wounds as stated. After receiving the wounds deceased could not have lived 10 minutes. He would have bled to death in that time. I found no shot whatever in his body.
Cross-examined by the jury: When I saw the boy he was unconscious, and also remained so for two days afterwards. There was no appearance of the boy having struggled in bed. Neither the deceased Mr MacPherson nor the boy could have possibly kicked, as stated in the papers. I think the Sergeant did perfectly right in not shifting the boy. The police rendered me every possible assistance that was required. On making a post mortem examination on Mrs Macpherson's body I found the head completely battered in, and the features quite unrecognisable. Two fingers of the left hand were broken. The stock of the gun produced, and covered with blood, would produce the injuries received. The deceased could not have lived a quarter of an hour after receiving the said injuries.
Thomas Robinson, the man who sold a gun to Johnson, repeated the evidence given by him at the inquest on Johnson's remains, a report of which has already appeared in the West Australian.
William Robinson, a blacksmith's apprentice, deposed : I remember the night of the 16th inst. On that night I saw Alfred Friend coming into Newcastle, between 10 and 11 o'clock. He was riding. He told me some one had shot John Macpherson. He said he had been to see the police. He seemed very much excited. He said he could hardly tell the police what had occured. He was so excited, he could hardly speak. l and Luke MacPherson went to Donegan's to get some spirits. We then went over the bridge. On the bridge, Sergt Farley, P.c. McAtee, and A Friend passed me. We hurried out as fast as we could go. I next saw the police at the other side of Rosevear's in the direction of MacPherson's. It is a rough and difficult road to find up to MacPherson's. The police went in front.
We followed behind. When we arrived at MacPherson's garden, the police then dismounted and gave their horses to Friend to hold. The police told us to stop where we were, whilst they went up to the house. The police then went to the house. Luke MacPherson then went up to the house. The police told him that his father and mother were both murdered, and that when they got there Mr Macpherson was burning. No one else, up to this time, had visited the house. Those left behind were Friend, Lynch, myself, and a native boy. When MacPherson came back to the garden I think we were told to surround the house till the doctor came, or until daylight.
Friend and I went to the left side of the house and sat down. We were about 25 yards away from the house. When we arrived at the house Friend had some spirits. Lynch came over to us and told us to come over; as he wanted us to be there when the doctor came. The doctor at this time was heard coming. The superintendent was the one to enter the house ; then Lynch, Friend, and others entered. The superintendent asked for a light. Luke Mcpherson struck a lot of matches. No one entered the room where the boy was lying. I saw the boy from where I was standing, lying on the side of his face-facing the door. The Sergeant would not allow any one to touch the boy. Lynch suggested moving the boy. The Sergeant told him he always found it necessary in a case like the present one to let the injured person remain as he was till the arrival of a doctor.
Neither Friend or the others touched the boy till the arrival of the doctor. I heard no moans whilst I was outside of the house. Neither did I near any moans when I was inside. I could not even hear anyone breathing in the boy's room. When I saw Lynch coming out first he seemed to be under the influence of drink. He seemed to be all right on his arrival at the house, only talkative. The Sergeant asked for Friend, but he had gone to Rosevear's. He asked me if I know where Friend had left the spirits, I said, " No." The Sergeant sent to Rosevear's and was informed that part of the spirits had been drunk and part spilt. I assisted to carry the boy to Newcastle. I saw the boy's leg move once very slightly whilst I was in the room. It is not correct that Lynch rescued the boy just in time to prevent him from being smothered in his own blood.
On being questioned by the jury, the witness stated that he was not intimidated in any form by the police and that he gave his evidence freely. Alfred Friend deposed: I am a farm labourer, and live at Toodyay. I remember the night of the 16th of the present month, I came from Mr. Rosevear's. I told the Sergeant that someone had shot Mr. Mcpherson. It was nearly 11 o'clock then. I told the Sergeant that Janet Mcpherson came to Rosevear's and said someone had shot her father. I then went round to Luke MePherson. Previous to this I saw Robinson who told me where Luke Mcpherson lived. I then saw Luke Mcpherson. I told him that he was wanted at home. I then came back to see the Sergeant. We then went over to the police stables together. I asked the sergeant whether the horse he was going to ride was a good one or not. No one else was present at the time. He said he was a good horse, but at night he was in the habit of falling down. When I came out of the stables I asked the sergeant whether the horse had a bad back. He said no, it was on account of its legs. The sergeant told me to call at Donegan's, and get some spirits. I was on horseback. We were near Donegan's when he told me this. I went in and Mr Donegan said he had just given some to Luke Mcpherson. I then went on over the bridge. I overtook Luke Mcpherson and Robinson just over the bridge. I told Luke McPherson he had better give me the spirits as I would be out before him. He gave me the spirits, and I went on, and caught up to the sergeant and McAtee close to Mrs Hasson's. We then went on together till we got to the top of the Cemetery Hill. The sergeant then told me that I had better ride on ahead, up to the house, as the McPhersons might want some of the spirits. P C McAtee was with us when he asked me to do this. I told him I would not go up until he came. The sergeant said, " Very well, then," and we went on together. When we got to the gate leading to Rosevear's we met Mr Lynch and a native. The police then went up to Rosevear's house. I and the others followed. When we arrived at Rosevear's house the sergeant was asking Janet Mcpherson some questions. I don't know what they were. The sergeant asked me which was the road. I then showed him the road up. I rode alongside the sergeant up to the garden near McPherson's house. The sergeant then told me to stop there, and also others that were following. These consisted of Messrs Lynch, Robinson, Mcpherson and a native. He said that he and McAtee would go up to the house. We all stayed where we were told. After some little time Luke Mcpherson said he would stay no longer. He would go and see what was the matter. McPherson went and came back soon after and said that his father and mother were dead, and that we had to go up. When we went to the house the sergeant said he had been in the house, and the poor old people were dead. We could hear somebody breathing in one of the rooms. I told him then it must be Duncan, the little boy. Lynch said if the sergeant was frightened to go in let him (Lynch) go in, as there was only the dead and dying inside. He broke a stick off a tree close by. The sergeant said he would not allow any one to go in. They would have to surround the house till daylight. The sergeant then placed us round the house. The following were present when the conversation took place : Lynch, L. MacPherson, and Robinson. I told Robinson then I would have a mouthful of the whisky, as I was very cold. Robinson said be would have some too. The sergeant then came and told us not to drink it all, as he wanted some. I handed the bottle to the sergeant, who drank some and gave me the bottle back. The sergeant then went to the other side of the house where Lynch was. Robinson and I were about 40 yards away from the house. The sergeant then came back and said we had to all come and stand in front of the door as he was going in. We did so. The sergeant opened the door, and Lynch then stepped inside the door with a stick in his hand. We all went in then and Luke Macpherson lit a light. Mrs Macpherson was lying close to a table, dead. Mr Macpherson was lying outside the back door. The boy Duncan was lying on the bed in a bedroom opposite the dining room. I did not go into the bedroom. I believe the sergeant went into the bedroom. I don't think anyone else did. No one in my presence touched the boy. I did not hear any remarks passed as to touching the boy. I was satisfied that both Mr and Mrs Macpherson were dead. When I was outside I heard no moans. I could neither hear anyone breathing. When I was in the house I could hear the boy breathing and spitting out blood. I did not stay long in the room. I then went to Rosevear's house to tell them what was the matter. Some of the spirit that I had was spilled. The balance was made hot and given to Janet Macpherson. The quantity I took out was not more than a pint Luke Macpherson came afterwards and asked for the spirits.
Cross examined by Sergeant Farley : I cannot remember the exact words I told the sergeant when I first gave information. I said Janet Mcpherson told me when she got outside the window she heard a gun go off, but she could not say whether her father was shot dead or not. I told some one that I was so out of health, and so frightened that I could hardly deliver the message to the sergeant. I will swear that McAtee was not with the sergeant and I when we left the stables to go to Donegan's. The account I published in the papers is a correct one. Lynch had something to drink that night but he was not drunk. The witness who stated that I rode behind the police instead of with them, did not state the truth. I stayed at the garden from 5 to 10 minutes. I don't recollect Luke Macpherson saying anything about the boy. I was told by Sergt, Farley to go round the house, and keep away, so as not to obliterate the tracks. When I was going away I met the doctor coming. He was close to the house. I did not think of leaving the spirits when I went away. I saw the boy kicking his feet about. Lynch and Robinson was looking in the doorway at the same time as I was. I think that about three-quarters of an hour elapsed from the time the police started from Newcastle till they reached the scene of the murder. I will swear that my horse did not canter going ont. Sergt Farley asked McAtee who would go into the house first. McAtee said he did not care which. He then said he would.
Cross-examined by Capt. Phillips :- I know that the spirits were wanted at MacPherson's. I don't think the police showed cowardice in
any shape or form. It took 20 minutes to get to Rosevear's, a distance of three miles. Only three-quarters of an hour elapsed from the time the police left Newcastle till they got to MacPherson's, and had examined the place. The distanoe was about 4 miles, and the last mile is a bush track.
Luke MacPherson deposed: I live at Newcastle. I remember the 16th of the present month. I saw Alfred Friend. He said I was wanted at my father's place. This was between 11 and 12 o'clock. I spoke to Robinson about getting spirits. I partly ran and walked out to Rosevear's and then caught up to the police. When we arrived at the garden the police told us to stay there whilst they went up to the house. Lynch wanted to go into the house. He seemed excited. Sergt. Farley would not allow him. The police went in and made a search through the house. I did not hear Sergt Farley ask P.C McAtee who had better go in first.
When I was sent to ask Friend for the spirits he told me some had been spilled and they drank the balance. I have no complaint to make against the police excepting thought they rode out rather slow.
At this stage the inquest was adjourned until the following day.
http://trove.nla.gov.au/ndp/del/article/3123559
|