Inquest Patrick Rogers Axedale 1882

The inquest of Patrick Rogers was held at Drake’s Hotel on April 12, 1882 before Robert Strickland JP.

North Western Police District
Axedale
4th April 1882

Report of Constable Feeley, relative to a man found drowned at Axedale. I beg leave to report for the information of the Coroner, that about noon today, a man Rogers, who lived at Axedale, near the bridge over the Campaspe, was found drowned in the river, at the usual place where he used to go for water. Mary Cabey first saw him in the water, his back was not under the water. She told William Shawburn and William Winzar, who took the body out of the water. There are no marks of violence on the body. The deceased’s bucket was found in the water, close to the body. William Smith saw the deceased between 9 and 10 am, the same day, taking wood into his hut.
(signed) Constable Feeley.

There are also witness statements outlining similar details from Mary Cabey, William Shawburn William Winzar, and William Smith

Witness Statement from William Smith, Carpenter, Campaspe River, Axedale.
I have known the deceased Patrick Rogers, whose body is now here lying dead, for about 16 years, during which time he has lived on the banks of the Campaspe River. He lived alone and was about 70 years of age. He was accustomed to walk with a stock and his back was doubled up. Last saw him alive yesterday (Tuesday) morning the 4th instant, at half past 9 o’clock on the roadway near his own place. He was gathering wood to make a fire. In about two hours afterwards, I heard that he had been found drowned in the river. The river bank is about 150 yards from the back of deceased’s place. The bank is very steep and is approached by a small pathway made by deceased himself. The body was found in a few inches of water, quite dead. On being searched, five shillings was found in deceased’s pocket.
(his mark x ) William Smith

Witness Statement from Edwin Hinchcliff, legally qualified medical practitioner, residing at Sandhurst
I have this day made a post mortem examination of the body of Patrick Rogers, here lying dead. It is that of a man between 60 and 70 years of age, stout and well nourished. There was a small contused wound on the left lower eyelid, but no other mark of violence. I found the right lung congested in the lower lobe but there was no trace of water in the bronchi. The left lung was firmly adherent to the walls of the chest and was in the same state of congestion of the right lung. The blood in the lungs was very fluid and dark colored. I removed the larynx and trachea. On opening out the larynx, I found this small piece of a clay tobacco pipe (produced) about half an inch long. It was stuck across the vocal chords. This by it’s presence would lead to asphyxia, which would cause of deceased’d death. There was no mud or trace of foreign matter in the mouth, larynx or stomach. There was no evidence of drowning.
(signed) Edwin Hinchcliff

Coroner’s Finding

Re: Patrick Rogers, deceased.
I find that on the fourth day of April, 1882, at the Campaspe River, Axedale, the deceased, Patrick Rogers died from asphyxia caused by the deceased accidentally swallowing the stem of a clay pipe (tobacco)
Dated the 5th day of April, 1882 at Axedale.

The Campaspe River today

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The Case of James McDonald – Coronary Inquest #Axedale 1884

From: The Bendigo Advertiser (1855-1918), Tuesday 29 April 1884

THE CASE OF JAMES M’DONALD.

CORONER’S INQUEST.

The coroner (Mr. G. Webster, P.M.,) held an inquest at the Perseverance Hotel, Axedale, yesterday, on the body of James McDonald, whose mysterious disappearance was referred to in our issue of Saturday. Sergeant Fahey watched the proceedings on behalf of the police.

Henry Acott deposed: I am a farmer and publican, residing at Axedale. Knew the deceased, James McDonald. I last saw him alive on the 19th inst. On that day, he went with me and his wife into Sandhurst. We left to return home between three and four o’clock in the afternoon. We stopped at a public house on the road and had a drink. We then drove on to the Bull’s Hotel and there had another drink each. We then went on to the South Atlas Hotel and had a drink each.

After proceeding some distance, deceased asked me to let him drive, which I did. We came on to about a mile from here, about eight miles from Sandhurst. I then said to him, “Your wife is sick. You had better sit by her and look after her.” He did so, and seemed to behave in a very strange manner. He caught hold of her by the throat, and she sang out and I then said, “What are you doing?” He continued his conduct, and I then said, ” Are you going to kill the woman? ”

The deceased then struck me three times over the head with his fist. I hastened the horse on to get here (the Perseverance Hotel.) When we got out he struck me, knocking me down. I said, ” You ought to be ashamed of yourself to strike an old man like me.” He rushed at me again, and I ran into the bar of the hotel. Deceased followed me. I went outside again and told his wife to get out of the trap as I would not take her any further.

She got out and I immediately went home, leaving the deceased and his wife in the bar. This was about half-past nine o’clock at night. There were a number of people there at the time. I never saw deceased alive again. The deceased had at least two drinks on the road. There had not been any dispute or quarrel on the road except with me. I never had any quarrel with deceased before.

John M’Namara deposed: When the deceased, his wife, and the last witness, Acott, drove up to my hotel they appeared to be in a quarrelsome state. I heard Acott call out, “That — man has struck me twice; if there is any police about, I will give him in charge.” They both got out. De-ceased struck Acott, and he fell on the verandah. When Acott got up deceased struck him again and he fell, Some men interfered, and Acott went into the bar.

Deceased followed him and again struck him. I gave Acott some beer, and he went away. I did not see him again that night. Deceased was very quarrelsome afterwards with some men who were in the bar. I did not see the deceased struck by anyone. Deceased left about three quarters of an hour afterwards. He lost his hat, and proceeded in the direction of Sandhurst, which is by the creek, to find it. I saw no more of him. He went alone. He was mad drunk, but could walk well enough. I heard no threats made towards him by the men, who in fact were trying to pacify him.

Dr. MacGillivray deposed: I have made a post mortem examination of the body. I saw no marks of violence except a small abrasion on the right knee, and a little blood on the right ear. The internal organs were in a normal condition. The cause of death was asphyxia from drowning. I have not the slightest doubt as to the cause of death.

Elizabeth Nesto deposed that she was not the wife of the deceased, although she lived with him as such. Having corroborated the evidence of the witness Acott, she stated that the deceased did not follow her home from the Perseverance Hotel, which is about 2 miles distance. On the following morning, as the deceased did not return home, she went to the Perseverance Hotel, but did not see him alive again. Acott and deceased were always on friendly terms, so far as she knew.

Thos. Moffitt, one of the men referred to as being in the bar of the Perseverance Hotel when the deceased and Acott drove up, gave evidence of the assault on Acott.

Constable Feeley deposed that in company with Constable Luke, he found the body of the deceased under the Axe Creek bridge on the 26th, inst. There were marks showing deceased had been leaning over the bridge vomiting into the water. There was no trace of any scuttle.

The Coroner having summed up the evidence, the jury, after some deliberation, returned a verdict of “Accidentally drowned.”

punctuation

**Please note: Punctuation and paragraphs have been added to the above transcription for ease and speed of reading

THE CASE OF JAMES M’DONALD. (1884, April 29). Bendigo Advertiser (Vic. : 1855 – 1918), p. 3. Retrieved July 10, 2021, from http://nla.gov.au/nla.news-article88998756

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Railway Disaster Inquest 1900

From: The Weekly Times, Melbourne, Vic 1869-1954, Saturday 13 January 1900, page 26

THE AXEDALE DISASTER
INQUEST AND VERDICT.

The adjourned inquest on William John Langley, Benjamin Burston, and Blanche Hoskins, who were killed in the New Year’s Day railway disaster, was resumed on Monday, before Mr Dwver. P.M.. and a jury of seven.

The Coroner, in summing up, said that it was clear that the engine driver had given two whistles, which were heard by the drivers of other vehicles. It seemed clear that the responsibility of the accident rested upon James Brown, the driver of the vehicle. He apparently was lost in thought and heeded nothing. It was for the jury to seriously consider whether he was guilty of manslaughter.

After an adjournment of an hour and a half, the jury brought in a verdict that the deceased met with an accident by a collision between the cab and the train, and that the driver of the vehicle was guilty of negligence, but not wilful negligence; that the railway department contributed to the collision by not having the belt of timber at the approach to the crossing removed; and that they (the jury) were of opinion that the whistle, when approaching the crossing, should have been of much longer duration. The Coroner said that the verdict regarding James Brown was ambiguous. The jury, after a consultation, said they did not find him guilty of manslaughter.

*Please note Punctuation and paragraphs have been added to the above transcription for ease and speed of reading

The plaque below was erected in memory of those who died in the New Years Day railway accident.

The marble tablet below, was erected by teachers, scholars and friends of St Paul`s Sunday School in memory Blanche Lois Hoskins, John Langley and Benjamin Burston who died from injuries received in the New Years Day train accident.

Plaque 2 : 22-April-2015
monumentaustralia.org.au

From: The Argus (Melbourne) 20 June 1900

A large congregation assembled at St Paul’s Church on Tuesday night, when Archdeacon MacCullagh unveiled a tablet in memory of Blanche Lois Hoskins, Benjamin Burston, and John Langley, the victims of the New Year’s Day railway fatality. Archdeacon MacCullagh referred at some length to the circumstances surrounding the calamity in terms of regret and sorrow, and a special service was held in connection with the ceremony. 
The Argus (Melbourne), 20 June 1900.


THE AXEDALE DISASTER. (1900, January 13). Weekly Times (Melbourne, Vic. : 1869 – 1954), p. 26. Retrieved March 24, 2021, from http://nla.gov.au/nla.news-article222521897

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Deaths of Two Children 1874

From: The Bendigo Advertiser, Wednesday 28 October, 1874, page 3

INQUESTS
The district coroner held an inquest yesterday at the Raglan Hotel, Axedale, on the body of Ann Mulcare, a child ten weeks old, who had been found dead in a cradle on the previous day. The evidence given showed that the child had been left at home, in charge of an elder sister, whilst the mother was in Sandhurst.

The child had been put to bed, but on going to the cradle afterwards, the sister found that the child was dead. In putting her to bed, care was taken that the clothes did not cover her face, and these were in the same position when it was discovered that the child was lifeless.

Dr. Macgillivray stated that he had made a post-mortem examination of the body, which was that of a well-nourished child. The brain was much congested, and the lungs in part only, showing that the child had not been suffocated. The cause of death was congestion of the brain. The jury returned a verdict in accordance with the medical testimony.

An inquest was subsequently held at Drake’s Hotel, Campaspe, on the body of Bertie Gloster, a child five months old, who also died on the previous day. Rosa Gloster, the mother, stated that a week ago, the child took a cold, but finding that it was not getting better she determined to come to Sandhurst for medical advice. On the road, about two miles from her place, the child died. Dr. Macgillivray stated that the cause of death was acute pneumonia and pleurisy, and the jury returned a verdict to that effect.

*Please note Punctuation and paragraphs have been added to the above transcription for ease and speed of reading

INQUESTS. (1874, October 28). Bendigo Advertiser (Vic. : 1855 – 1918), p. 3. Retrieved February 22, 2021, from http://nla.gov.au/nla.news-article88235560

Derrinal Railway Station Accident Update – Inquest

A recent post about an Accident at Derrinal Railway stated that the injured person was an engine driver named Howe. This was soon found to be incorrect information. The person who died in this accident was Robert Storey. Below are details of the accident from the Magisterial Inquiry.from: The McIvor Times and Rodney Advertiser, 8 November 1900.

From: McIvor Times and Rodney Advertiser, 08 November 1900, page 2

 

 

Magisterial Inquiry
A magisterial inquiry touching the death of Robert Storey, whose lamentable death we referred to in our last issue, was held by Jas. Crowle, Esq, J.P., at the Black Swan Hotel, on Wednesday the 31st ult., when the following depositions were taken, Mr J. A. C. Firth being present on behalf of Mrs Storey, the widow of deceased:

Elizabeth Storey, sworn, deposed, I am the wife of the deceased Robert Storey. Last saw my husband alive on the 30th October at 11 a.m., when he left home on horseback to go to Ellesmere. He said he would be back home about 11 p.m. if he were coming. Identify the body as that of my husband. The horse he was riding is quiet and not given to bolting, the ohildren often riding it about the town. I reside in High Street, Heathcote .

John Duncan, sworn, deposed, I am a farmer. Saw the body of Robert Storey last night at the Black Swan Hotel about 12 o’clock, midnight. Saw him alive, breathing for a few seconds at about 10 o’clock.
Was sitting near my father’s place having a smoke about 10 p.m., when I heard a horse galloping along the main road, evidently about half a mile away, and a man calling out ” woa ” as fast as he could repeat it. The horse was going towards Heathcote. From the man calling out, I concluded he had no control over the horse, Heard him singing out until 1 heard a crash. He must have travelled a mile at racing pace from the time I first heard the galloping until the crash occurred.
After the crash I ran up to the station house and called out for Mr Bowman. Mr Bowman was in bed and got up and asked what was the matter. Told him what I had heard. Accompanied by Mr Bowman I searched the road but found nothing on it, and we were both going homewards when Mr Bowman called me from the station yard to come to him. We found deceased lying on the ground lying partly on his face. Mr Bowman turned his (deceased’s) face around, and I lit a match and we looked at deceased, The deceased was then alive but unconscious. He was bruised and had blood on his face.
Mr Bowman tried to catch his own horse to go for a doctor, while I remained with the injured man. Mr Farley then went for the doctor. Remained with deceased till the doctor came. In my opinion he only lived for two or three minutes after we found him. In my opinion the horse was absolutely beyond control.

To Mr Firth: Mrs Bowman has charge of the Derrinal Station, where the accident occurred. It was a dark night. Sometimes the northern gate is closed at night, and sometimes it is left open. Have seen all three gates open at night, and some times all closed. The body was about fifteen yards from a telegraph post. There is a wire stay supporting this post. There is a track leading from the north to the south gate, passing near the above stay.

Daniel Thomas Bowman, sworn stated, and a railway employee residing at Derrinal railway station. On the night of the 30th inst., about 10 p.m., someone knocked at my door, and John Duncan, of Derrinal, told me he thought a serious accident had happened, Duncan and I went across to the main, road to find out what had happened.
We searched the roads both ways for a distance of a quarter of a mile and found nothing. I said to Duncan the crash might have been into one of the wood heaps.I said to Duncan, you go along the road while I go through the station. yard. I had not gone fifty yards when I came upon a man lying on the ground. I called Duncan. We went up to the man, who was lying face downwards and I turned the man on his side and found he was alive.
I said to Duncan to stay here and I’ll get my pony and go for the doctor. Could not catch my pony and my wife’s sister went to ask Mr Thos, Farley’s assistance. Mr Farley caught the horse ridden by deceased, in the station yard, and want to Heathcote for Dr Reid. Stayed till the doctor came.

To Mr Firth: Believe there is a rule that the station gates are to be shut at a certain hour. The heaps of wood mentioned are in the station yard. Ellen Bowman, sworn,said, am station mistress at Derrinal station. On the night of the 30th October about 10 p.m., I heard a horse galloping past very fast. Mr John Duncan soon after came to the door and asked for my husband.
My husband got out of bed and went with Mr Duncan to see what had happened. Stood on the platform and heard my husband call “Jack.” My husband ran back and told me there was a man lying on the ground dead or dying, and told me to go to the injured man, and I did so, taking water and a towel with me. My husband went to catch his horse to go for the doctor, and my sister went for Mr Theos. Farley. Don’t think he lived more than half an hour from the time of the accident.

To Mr Firth; Sometimes I send the children to close the gates at night, and sometimes I do not. The woodcarters often open the gates at night after we close them. The north gate was open this morning when we got up. Know that there is a departmental rule that all station gates are to be closed at a certain hour at night, but I do not know whether or not the rule applies to my station. Did not give directions to anyone to close the gates on the evening when the accident occurred, nor did I close them myself.

George Marr Reid, sworn, deposed, am a legally qualified medical practitioner, residing at Heathcote. On the evening of the 30th October, about 11.30 p.m, I was summoned to attend a man said to have been thrown from his horse at the Derrinal railway station. Immediately drove to, the scene of the accident, and found the body of a man, whom I recognised as Robert Storey, of Heathcote, !ying on the ground inside the Derrinal station yard.
On examination, I found that life had been extinct for. at least an hour, as rigor mortis was well advanced. Advised that the body be removed to the Black Swan Hotel. which was done on the 31st inst. about 8.30 p.m. Made a superficial examination of the deceased, Robert Storey, lying at the Black Swan Hotel.
Discovered evidence of fracture of the spine about the 8td or 4th cervical vertebra. There was a large contusion on the left shoulder, extensive abrasions on the left side of the face, and three or four lacerated wounds on the back of right hand and fingers. No fracture of the skull evident. No fracture of bones of extremities. rigor mortis and hypostatic lividity fully established.
In my opinion accordingly the cause of death was the fracture of the cervical spine, with injury to the spinal cord, causing paralysis of respiration. The injury above mentioned was evidently caused by a fall from his horse.

To Mr Firth: Have examined the scene of the accident by daylight. The body was near a telegraph post supported by a wire stay, which I noticed was quite loose today. Saw some horse-hair, evidently from the mane, lying on the ground between the position where the body had been and the telegraph post. Noticed a bright mark on the wire about two feet above the ground, as if some hard substance had come in contact with it forcibly.
It is my opinion that the horse stumbled by striking the wire and unseated his rider (the deceased.) A verdict was given to the effect that the deceased met his death from injuries accidentally received by being thrown from the horse he was riding

Magisterial Inquiry.” The McIvor Times and Rodney Advertiser (Heathcote, Vic. : 1863 – 1918) 8 November 1900: 2. Web. 24 Jul 2020 <http://nla.gov.au/nla.news-article90211644&gt;.

Punctuation and paragraphs have been added to the above transcription for ease and speed of reading)

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Inquests at Axedale 1874

Inquests into the deaths of two babies were held in Axedale on 27 October 1874 at the Raglan Hotel and Drakes Hotel.

transcription: 

INQUESTS

The district coroner held an inquest yesterday, at the Raglan Hotel, Axedale, on the body of Ann Mulcare, a child ten weeks old, who had been found dead in a cradle on the previous day. The evidence given, showed that the child had been left at home, in charge of an elder sister, whilst the mother was in Sandhurst.

The child had been put to bed, but on going to the cradle afterwards, the sister found that the child was dead. In putting her to bed, care was taken that the clothes did not cover her face, and these were in the same position when it was discovered that the child was lifeless.

Dr. Macgillivray stated that he had made a post mortem examination of the body, which was that of a well nourished child. The brain was much congested, and the lungs in part only, showing that the child had not been suffocated. The cause of death was congestion of the brain. The jury returned a verdict in accordance with the medical testimony.

An inquest was subsequently held at Drake’s Hotel, Campaspe, on the body of Bertie Gloster, a child five months old, who also died on the previous day. Rosa Gloster, the mother, stated that a week ago the child took a cold, but finding that it was not getting better she determined to come to Sandhurst for medical advice.

On the road, about two miles from her place, the child died. Dr. Macgillivray stated that the cause of death was acute pneumonia and pleurisy, and the jury returned a verdict to that effect.

(Punctuation and paragraphs  have been added to the above transcription for ease and speed of reading)

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