McGrath Inquest
Inquest into the death of John McGrath
Magisterial Inquiry held at Smithfield on 3rd May [1877] touching the Death of one John McGrath.
Before Mr. Aplin Esq. J.P.
Item ID: PR348651, File No: 99, Year: 1877, (Previous System Identifier: JUS/N56; SRS36/5/56; A1 Item ID 348655), Queensland State Archives.
CERTIFICATE OF PARTICULARS
I hereby certify the on the third day of May 1877 I [William Aplin] held an Inquest of Death at Smithfield in the Police District of Cairns and that the following particulars were then disclosed:-
Name of deceased: John McGrath.
Profession of calling: Sawyer.
Height, color of hair, peculiar clothing and any other means of identity: about five foot six inches, light Crimean shirt and Mole trousers.
Where found and when: Smithfield May 2nd 1877.
Date of death: May 2nd 1877.
Supposed cause of death: a blow from Evan Jones whilst sparring.
Persons last seen in company of the deceased and names of suspected persons: Evan Jones.
Accused: Evan Jones.
Names, residence and callings of witnesses:
- Lawrence Cronin, Police Constable, Smithfield
- James Badkin, Saddler, Smithfield
- Charles Lewis, Cook, Smithfield
- Francis Campbell, Miner, Smithfield
- Cornelius Fox, Laborer, Smithfield
- Benjamin Boyd Williams, Miner, Smithfield
- Benjamin Wilder, Carpenter, Smithfield
Suspicious circumstances: The deceased and Evan Jones were seen sparring or fighting immediately prior to McGrath's death
[signed by coroner or justice] William Aplin J.P.
CROWN LAW OFFICES, BRISBANE, 11 MAY 1877.
Magisterial Inquiry held at Smithfield on 3rd May [1877] touching the Death of one John McGrath.
Before Mr. Aplin Esq. J.P.
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Lawrence Cronin.
The deponent being duly sworn states:
My name is Lawrence Cronin. I am a Police Constable stationed at Smithfield. From information I received about 5 o’clock in the afternoon of the 2nd instant I went to Mr. Croft’s place, it is about one mile from here on the new road to the Hodgkinson, In the yard at the Back of the house I saw the body of John McGrath. It was lying on its back. I examined it and found clotted blood about the nose + mouth and a small cut on the right jaw bone about 2 inches below the butt of the ear, I found no other external marks. From enquiries I made I arrested Evan Jones for causing the death of the deceased, I then brought him to the Police Camp. There is no medical man here.
[signed] Lawrence Cronin
Taken and sworn at Smithfield this third day of May 1877, before me, William Aplin Esq. J.P.
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James Badkin.
The deponent being duly sworn states:
My name is James Badkin. I am a saddler residing at Smithfield. I saw two men at the back of Croft’s House yesterday afternoon with they hands up sparring, At this time I was about 200 yards distant, I went up to then and asked them what they were fighting about, The man Evan Jones said “I am only sparring, I am not fighting”. He says” you see I have not got my hands closed”. They got pretty close together again and made feint attempts to hit each other but neither received any blow. They were very drunk. I saw deceased fall before I first came up, but he did not appear to be hurt as he got up and went on sparring. I tried to part them and could not and then left. The next thing I knew was that the man McGrath was dead. I came in at once and gave information to the police. The men I saw sparring were Evan Jones and the deceased John McGrath.
[signed] James Badkin
Taken and sworn at Smithfield this third day of May 1877, before me, William Aplin Esq. J.P.
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Charles Lewis.
The deponent being duly sworn states:
My name is Charles Lewis. I am a cook residing at Smithfield. Yesterday the 2nd instant between 4 + 5 o’clock in the afternoon I was digging in Mr. Peterson’s garden bout 200 yards distant from Croft’s House, I saw 2 men the deceased and another man whom I do not know come out to the back of Croft’s House. They were laughing and joking and appeared to be both very much intoxicated. I saw the two of them sparring & made several attempts to hit each other. After some time I saw the small man now deceased fall and he rose again laughing and sparring again. I saw another young man I believe it was the last witness, and he stood there and walked away again after trying to pacify them. I saw the men again after that sparring and laughing and I heard a clap just like a back handed slap and I saw the deceased fall over on his side. He did not rise at all nor did he appear to move. I saw the tall young man that was sparring with him stand waiting. He said “come old fellow get up” and when he saw that he did not get up he went and took hold of his hand and tried to raise him up. He then went inside and another man came out with him. They both looked at deceased and then left. I went down and saw the man McGrath was dead. I saw no marks or cuts only he seemed to look blue about the head + face.
By the Police - I was only distant 30 or 40 yards away during the time they were sparring and I believe the man, Evan Jones, now in custody was the man I saw sparring with the deceased.
[signed] Charles Lewis
Taken and sworn at Smithfield this third day of May 1877, before me, William Aplin Esq. J.P.
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Francis Campbell.
The deponent being duly sworn states:
My name is Francis Campbell. I am a miner at present residing at Smithfield. I knew the deceased John McGrath. Between 4 and 5 o’clock yesterday afternoon I was going past Croft’s House a man called out to me that there was a man dead at the back of Croft’s House in the yard. I went down to where he was lying. When I was going I saw the man Evan Jones now in custody and he appeared to ne the only man in the yard. He was drunk at the time. He said as I was going past “I hit him” (meaning deceased) “in the ear”. I went up to McGrath he was lying on his left side with one arm under him and the other stretched out. I saw a cut under his ear on his jaw bone it had been bleeding but was dried up. When I looked round the man Evan Jones was gone. I went up to the House again I met Jones at the side of the House coming into the yard again. I told him the man McGrath was dead he asked me if I wanted another like it. I said no I do not. I saw Jones going down to where McGrath was lying. He caught hold of him by the arm and turned him over on his back and called out to him to get up. I then went away.
[signed] Francis Campbell
Taken and sworn at Smithfield this third day of May 1877, before me, William Aplin Esq. J.P.
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Cornelius Fox.
The deponent being duly sworn states:
My name is Cornelius Fox. I am a laborer residing at Smithfield. Yesterday afternoon about 5 o’clock I went into Sam Croft’s Yard. I saw a man lying down. I went up to him and identified him as John McGrath. I saw that he was dead. I called out to the last witness “McGrath is dead in the yard”. I saw no fighting and deceased seemed to have been dead some time when I saw him. The blood on his face was dried up. That is all I know about it.
By the Police - I saw the man Evan Jones now in custody sitting under Croft’s verandah very drunk.
[signed] Cornelius Fox
Taken and sworn at Smithfield this third day of May 1877, before me, William Aplin Esq. J.P.
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B.B. Williams.
The deponent being duly sworn states:
My name is Benjamin Boyd Williams. I am a miner at present residing at Smithfield. Yesterday afternoon between 4 and 5 o’ clock I was getting some feed ready for the horses in a room at the back of Sam Croft’s House. The man Evan Jones now in custody and the deceased John McGrath came through the building from the front into the back yard they were both very drunk. The deceased came up to me and said “came and see fair play I am going to shew this boy how to box”. I answered I have no time now and he went away. Shortly afterwards he returned and said “Cut this boot-lace to get rid of him”. I untied it for him. I went on with my work and saw the two laughing and talking in the yard. They were sparring in a drunken way. The man Evan Jones had his hands open and appeared to be defending himself and the deceased appeared to be the more eager of the two and had his hands closed striking at Jones. I heard the man Jones say “if you call this teaching me boxing you will hurt me [torn page]. I went to check on my horses and when I returned the deceased was then lying on the ground [piece of page missing] I thought in a drunken sleep. The man Jones was standing there and said “you had better put him in the tent”. I answered I don’t want any drunken men about here while McGrath is away. I saw no blows. I did not go to see the deceased thinking he was only in a drunken sleep.
[signed] Benjamin Boyd Williams
Taken and sworn at Smithfield this third day of May 1877, before me, William Aplin Esq. J.P.
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Benjamin Wilder.
The deponent being duly sworn states:
My name is Benjamin Wilder. I am a carpenter residing at Smithfield. Yesterday evening about 5 o’clock Mr Campbell a previous witness came to me and told me McGrath was dead at the back of Croft’s. I went to the back he was lying on his back. I felt his pulse and found he was dead.
By the Police - I saw blood on the side of his face, it was quite dry. I saw no cut in his jaw bone, it might have been there.
[signed] Benjamin Wilder
Taken and sworn at Smithfield this third day of May 1877, before me, William Aplin Esq. J.P.