1813. 31 July. Proceedings at trial of lieutenants McNaughton and Connor. not; I saw that Gentleman knock Holness down. It was Mr. McNaughton hit him on the back when he fell; it was the Short Gentleman. I do not know their Names, I never Saw them before this time to take any notice of them. They were in the middle of the Street when Holness was knocked down. It was on the High way. I never knew Holness to have a Day's Sickness since I knew him. The Witness is allowed to withdraw. HECTOR PIESLEY Sworn and Examined on behalf of the Prosecution, says, I am a Private in the 73rd Regiment; I reside in Pitt Street; I recollect the Night of the deceased's Death I was in one Ainsworth's House right facing the deceased's, and I heard the riot in the Street. I went out; when I went out Mr. McNaughton and Holness were Struggling in the Street together. They had hold of one another round the waist to the best of my knowledge. I Catched hold of Mr. McNaughton by the Collar, Mr. Connor made a blow at me with a paling; and I stooped my head and Holness catched the blow about the neck; that instant I saw the deceased Man fall. I asked Mr. McNaughton, I told him he ought to be ashamed of himself for kicking up quarrels in the Street; he said he did not wish to quarrel with any one; all he wanted was his hat and he would go home to his quarters. The Witness is allowed to withdraw. D'ARCY WENTWORTH, ESQUIRE, sworn and Examined on behalf of the Prosecution, says. I am Principal Surgeon on the Establishment of this Colony; I saw the body of the deceased on the night of his death; He was then dead. I examined his body* that Night. I did not discover any external marks of violence on the body of the deceased sufficient to occasion his death. A more particular examination of the body took place on the following Morning. Mr. Redfern, Assistant Surgeon, Mr. Martin, Assistant Surgeon of the 73rd Regiment, Mr. Ross, Surgeon of the Ship Fortune, and myself were present at the examination. On Examination of the body there were no external marks of violence on the body except a Small bruise on the Elbow of no Consequence. We then proceeded to examine the head; the skull was not fractured and the brain was in a perfectly healthy state. We then proceeded to examine the Contents of the Cavity of the abdomen and every thing was perfectly healthy there. On Opening the Cavity of the Thorax and examining the Contents, we found a very Considerable effusion of blood in both lobes of the lungs. I am of opinion that there was quite sufficient to occasion his Death. I suspect the death, occasioned by such an effusion of blood, would be instant. It is impossible for me as a Medical Man to attribute this effusion of blood to any particular Cause, there being no marks of violence on the body. I have never seen an instance of an Effusion of blood in the lungs, sufficient to occasion Death, Caused by a blow without leaving some marks of external violence. I do not think it impossible. As Superintendant of Police I saw the Weapons with which the deceased was Supposed to have been Struck; they were heavy, and I think it more than probable that if a blow was given by one of them sufficient to Cause such an effusion of blood, it would have left Some external marks of violence, but I do not think it impossible that a blow might be Struck, sufficient to Cause instant death. without external marks * Note 3. 1813. 31 July. of violence, but I think it very improbable. A violent passion might occasion Such an effect. There are numerous instances of persons having died instantly in violent fits of passion, but I Cannot say Proceedings whether their Death was immediately occasioned by effusion of at trial of blood in the lungs. The Witness is allowed to withdraw. MR. GEORGE MARTIN, Assistant Surgeon of the 73rd Regiment, Sworn and examined on behalf of the Prosecution says, I was present at the examination of the body of the deceased William Holness. On the most minute examination of the external parts of the body, I did not See the least appearance of violence that Could be fatal. On Examination of the brain we found it and its appendages in a healthy appearance. We examined even the ventricles of the brains, which were in a perfectly healthy state. We examined the vertibrae of the neck, they exhibited not the least marks of injury, as also did the whole Contents of the abdomen. We next proceeded to examine the Cavity of the Thorax. One portion of the lungs exhibited an unhealthy appearance; on a Closer examination we found an effusion of blood had taken place in the lungs this was the only unhealthy appearance we saw in this examination. This effusion of blood was sufficient to Cause death. I do attribute the deceased's death to this effusion of blood. I could not take upon me to assign any Cause to this effusion of blood. There are many instances of an effusion occasioned by anger Causing immediate death. I have never seen an instance of an effusion of blood in the lungs, sufficient to occasion instant death, being Caused by a blow without leaving any external marks of violence. I Could not credit such a thing unless I saw it. should always be inclined to attribute such a death arising from effusion of blood in the lungs without marks of violence to passion than anything else. There are So many instances of death in this way attributed to passion, and so few attributed to external violence where no Marks of that violence appears, that I am led to adopt this opinion. Cross examined on behalf of the Prisoners, says, I I am of opinion that instant Death Could not be occasioned by a Stroke on the back of the Neck without injuring Spinal Marrow. The Witness is allowed to withdraw. MR. SAMUEL Ross, Sworn and Examined on behalf of the Prosecution says, I am Surgeon of the Ship Fortune; I was present at the examination of the body of the deceased. We did not find any external Marks of violence on the body sufficient to occasion Death. We examined the head; the brain and its appendages were in a perfectly healthy state and no appearance of Concussion. We then examined the Neck and found every part of the neck perfectly healthy. We then examined the abdomen, every thing there appeared in a very healthy state. We then examined the Thorax and found a great effusion of blood in the lungs. I have no doubt that the death of the deceased was occasioned by this effusion of blood in the lungs; this I suppose was occasioned by some Spasm or faction of the heart. I think it more probable that the death of the deceased was occasioned by passion than by any blows inflicted on him by the Prisoners. I was present at the latter part of this affray. I was not present before the deceased Came to his death. I never knew an instance of death by an effusion of SER. I. VOL. VIII-B lieutenants McNaughton and Connor. 1813. 31 July. Proceedings at trial of lieutenants McNaughton and Connor. blood on the lungs, being occasioned by a blow, without leaving some external marks of violence. I should think it was impossible, for I never knew or heard of such a Case. The Witness is allowed to withdraw. MR. EDWARD LUTTRELL, Sworn and examined on behalf of the Prosecution, says, I am Assistant Surgeon at Parramatta. I never knew any instance of Death occasioned by an effusion of blood in the lungs Caused by a blow, and yet no external marks of violence left. I Cannot Say I believe Such a Case impossible. I should attribute death occasioned by such an effusion, where no marks of violence appeared, to a Spasm of the heart occasioned by violent agitation. There have been Several instances of the kind. Some Men have dropped down, suddenly dead in violent fits of Anger. There is one particular disease of the human frame, called Angina pectoris, which is believed to arise from Spasmodic action of the heart, and under the influence of that disease people have died very suddenly. The Witness is allowed to withdraw. The Case, on the one part, of the Prosecution is here closed. The Prisoner, ARCHIBALD MCNAUGHTON exhibits a Written Statement Containing such matters as he offers in his defence, which is read as follows, Namely, "The Prisoner Archibald McNaughton most humbly represents to this Honorable Court that, on the evening of the 30th of June last, he was walking up Pitt Street with Lieut. Philip Connor when they saw a young Woman of the name of Winch, whom he had before known; he went up to her in a peaceable manner and in familiar terms accosted her, when a person, whom he has Since understood to be of the name of John Brown, used abusive Language, and the Woman went into a house at the door of which he and Mr. Connor knocked to get admittance; and whilst they were at the door a person, whom he has Since heard was of the name of William Holness, came to the Door and asked them what they wanted there and desired them to be off; and he having pushed Mr. Connor off the foot path, I went from the foot-path towards the middle of the road and turning saw Mr. Connor had fallen, and just as he was rising the Same person Came with a large Stick and Struck first at Mr. Connor, and Mr. Connor, in parrying the blow with a piece of the broken Stick, had his Stick beat out of his hand, when the person made a blow at myself. And this John Brown also Came at that instant out with a large Bludgeon and knocked me down therewith. I had then no Stick or other Weapon, and by the violence of the blow I fell, and having got up I was looking for my hat when some Soldiers came and took me away. I had no Stick or any Weapon at the Door, or from the time that Mr. Holness Came to the Door, nor had I when Holness made the blow at me, and when Brown Came with a large Stick and attacked me, and with the Violence of such blows I fell, and Gentlemen I utterly disclaim any knowledge how the said William Holness Came by his Death. "A. MCNAUGHTON, "Sydney, 16th July, 1813." The Prisoner PHILIP CONNOR, exhibits to the Court a written statement. Containing his defence as follows, namely, "The Prisoner, Philip Connor, with the greatest submission to this Honorable Court, begs to state the following matters, impressed with the deepest Sorrow of the unfortunate Situation he is placed 1813. 31 July. in before this Honorable Court, yet Conscious of his own innocence, he looks up for that protection and impartial hearing which an innocent Man may receive. Conscious that, however unfavorable Proceedings matters may heretofore have appeared, the Crime with which he at trial of is charged will appear on an investigation of the Evidence he has lieutenants McNaughton nopes to lay before the Court, will acquit him of so foul a charge; and Connor. as far as he Can relate, the Case is shortly this, He was going with Mr. McNaughton through Pitt Street, they saw a Woman on the foot-path, and they went up to her, and he has since understood she lived in the house of the deceased William Holness to whom the Prisoner was a total Stranger; on approaching her, I was violently abused by a Person then unknown to me, but who I since believe to be a Person of the name of John Brown; and the young Woman went into the House and John Brown went in and slapped the Door too, which hit me as it shut; I believe I struck a Stick I had against the Door Case, and my Stick broke; and shortly after whilst I was Standing at the door speaking to those within a person, an utter Stranger to me, Came up, said that it was his house; I believe I said I wanted to speak to the Girl or the Woman-He replied the Woman was his Wife and desired me to go; I was about to depart but he, as if in great anger, gave me a violent push in the breast with which I fell towards the middle of the Street; and on getting up I went further to the middle of the Street a greater distance from the house, when the person that had given me the push on the breast that Caused the fall Came with a Stick towards me, and Struck me a violent blow as I was standing in the Street; the Person I believe to be the deceased William Holness; and at that instant he was immediately followed by the Person of the name of Brown, who, with a large Stick, drew a blow at me, and the piece of broken Stick I held in My hand in defending the blow fell out of my hand; and they were both laying at me when Mr. McNaughton Came up to my assistance and all the parties were engaged, I had no Stick or other Weapon then, but I ran to get a Stick and pulling down a paling from the front of one John Holmes' house he Came out and attacked me, and we both fell, and I got up from him, and then one McIntosh and Some of the Soldiers Came up to me, and requested of me to go home, which I Consented to and requested them to get Mr. McNaughton also out of the way, and I went with them. "I most Solemnly aver that however imprudent my Conduct might be by an Act of gallantry to follow a young Woman, the instant I was told that the Woman was the Wife of the Person that Came up to the Door, I was about to retreat when by the push I received from him I fell rather by accident than otherwise, and when I got up I retreated farther off, having no weapon but the piece of broken Stick which was after Struck out of my hand by the sudden attack as before related. PHILIP CON NOR." JAMES DELANY, Sworn and Examined on behalf of the Prisoners, says, I came free to this Colony; I was in Pitt Street on the Evening of the 30th of June last: about Seven o'Clock I was standing in the road betwixt Holness's and John Holmes's; a young Woman of the name of Winch and Brown were Standing at Holness's Door; I saw these two Gentlemen Officers Come up; one of them went and spoke to the young Woman, I believe the Gentleman that spoke to the young Woman was Mr. Connor; whatever passed 1813. 31 July. Proceedings at trial of lieutenants McNaughton and Connor. between Mr. Connor and the young Woman Brown took it up Questioned by the Court, says, I live in Pitt Street, I am employed at the General Hospital; I never was a Constable. I first Communicated this Story to Mr. Fleming; I was passing Mr. Fleming's door going to Work: and I saw Mr. Fleming at his door and I told him. I communicated this matter to Mr. Fleming the next day. I was not before the Coroner's Inquest. I communicated it to Mr. Fleming, Considering him to be a Man of Judgement. I did not know the Coroner's Inquest was sitting 'till the day after it was over, I was afterwards told that the Coroner's Inquest was held at Inches, Inche's house is five or Six hundred yards from my house or better; a great number of Persons were at the Spot where the parties were. I |