John Buffham

Horsham Times July 17th 1934

Street Fight Ends Fatally

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Man Dies On Way To Hospital

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Charge of Manslaughter Preferred

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Sewerage Employee Refused Bail

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When being rushed to the Horsham Base Hospital by ambulance, following a street fight in Wilson St at about 10 o’clock on Saturday night, Mr John Augustine Buffham of Palk street Horsham, passed away.
It is alleged that there had been an altercation between the deceased and a younger man named Arthur James Cooney, a sewerage employee, who has been boarding at the Wimmera House. Mr Buffham was struck a blow which felled him to the gutter. He remained there until removed to the Royal Hotel a few minutes later by Mr Leslie John Glover. Mr Buffham was then unconscious and a doctor and the police were immediately summoned. On arrival the doctor ordered the man’s removal to the hospital and the ambulance was telephoned for. Mr Buffham was still unconscious when placed in the ambulance and before the hospital was reached he had died.
Later that night Mounted Constable S.J. King proceeded to Wilson street and arrested Arthur James Cooney. He was then charged with having been drunk and disorderly but consequently two other charges- behaving in a riotous manner and unlawfully killing John Augustine Buffham-were preferred against him.
Cooney appeared before Mr M.F.Kelley J.P. at the Horsham Police Court yesterday morning, and when asked how he pleaded in the first two charges he said “Guilty”, but did not answer to the major count.
Mr Kelley allowed the alteration.
First Constable M.J.Kearney stated that at about 10.30 p.m. on Saturday the accused and a man named John Augustine Buffham had had a fight in Wilson street. At the termination of the encounter Buffham fell to the footpath and had not spoken nor moved again. He died on the way to the hospital. The police had several inquiries to make and were not prepared to go on with the case at present. He would ask for a remand to the Ballarat Court next Monday.
In answer to a question Constable Kearney said that the accused had been identified as the person who had been in the fight and struck the blow.
Bail Refused
Mr Bennett then made an application for bail. “ A man is not guilty until he is proved guilty.” He said, “ and if it is allowed there will be no difficulty in getting bail.”
Inspector T.Clugston opposed the granting of bail and Mr Kelley then refused it.
The cases of drunk and disorderliness and riotous behavior were adjourned to a date to be fixed, but the accused was taken into custody on the manslaughter charge.
Inquest Opened and Adjourned
An inquest into the unfortunate affair was opned at the Horsham Police Station before the Deputy Coroner Mr M.F.Kelley J.P. yesterday, when John Joseph Gleeson, brother-in-law of the deceased, gave evidence of identification.
After giving an order for burial Mr Kelley adjourned the inquest to a date to be fixed.
Funeral Largely Attended
Deceased, who was fairly well known in Horsham was 48 years of age and was born at Gymbowen. He was the son of Mr and Mrs T. Buffham of Palk street Horsham. Left to mourn their sad loss are a widow and three small children, and the deepest sympathy of a large circle of friends has been extended to them. Deceased was a member of a large family, his brothers and sisters being William(Adelaide), Mrs C.Mahney(sic) (Horsham), Mrs F. Williams (Horsham),Mrs W. Oliver(New Zealand),David (Horsham),Joseph (Melbourne), Thomas (Queensland).
The funeral took place to the Horsham Cemetery yesterday afternoon and was largely attended. The coffin bearers were Messrs. J. Gleeson, M. Gleeson, W. Gleeson, J Buffham, W. Buffham and W. Oliver.
Employees of Messrs. Noske Bros flour mill where the deceased was employed and sewerage workmen formed a guard of honor at the cemetery gates. The Rev. Father Coughlin conducted the service at the church and at the graveside. The funeral arrangements were carried out by Mr. E.H. Bye.
The accused, Cooney, who was taken to the Ballarat Gaol is a native of Tasmania but has spent the last five years in the Goroke and Horsham districts.

 

 

Horsham Times August 1934

Inquest Tomorrow

August 1934

Inquest Tomorrow


At the Horsham Court House tomorrow before the Coroner, Mr F.W.T. Norris, P.M., the inquest into the death of the late Mr J.A. Buffham will begin. Lengthy evidence as to the cause of his dying on the way to hospital after an alleged street altercation on Saturday, July 14, will be given.

 

Horsham Times Friday August 10th 1934

Fatal Wilson Street Fight


The circumstances leading up to the death of John Augustine Buffham of Palk street Horsham following an alleged street fight in Wilson street Horsham on Saturday night July 14, were described by several witnesses at the Horsham Court House on Wednesday, when an inquest was held. The Deputy Coroner, Mr M.F.Kelley presided and was accompanied throughout the hearing by the Coroner, Mr F.W.T. Norris, P.M. The inquest was opened at 11 am and continued unabated, with the exception of two adjournments of an hour each, until nearly 10 pm. There were several dramatic incidents during the proceedings.
Inspector T. Clugston, who assisted the Coroners, explained at the beginning that the police had experienced great difficulty in securing evidence, and he asked that all witnesses should be ordered out of court so that each man could not copy the other’s version of the fatality. The Coroners agreed with the Inspector and the witnesses left the court. Later on Inspector Clugston interrupted by saying that there were people in the court taking notes and handing them to witnesses outside. He turned around and asked a man with paper and pencil to come forward. The Inspector then read some of the notes and stated that they were concerning evidence. Asked why he had been taking notes, the man, J.F. Bradley, said that he was assisting the counsel (Mr Bennett) of the accused. The Coroners were satisfied with Bradley’s explanation and the incident closed, although the Inspector stated that there were others in the court taking notes. The proceedings were followed from beginning to end by a crowded gallery. At one stage, when it was alleged that a witness was not telling the truth, Mr Norris warned him and suggested that he might be proceeded against for prevarication.
Mr I.T. Bennett appeared on behalf of Cooney, who was allowed to sit behind him while Mr R.J. Wilmoth watched the interests of the Buffham family and relatives.
Francis Joseph Moylan, barman, employed at the Royal Hotel Horsham stated that on Saturday July 14, he had been working in the bar and had been assisted during the afternoon by John Augustine Buffham (the deceased man). The latter began work that day about 12.30 pm and had worked on until about 6 pm. After that hour he had dinner at the hotel and was at the table when he left the premises. Later that night he saw Buffham at about 8pm. He (Buffham) was then going to his car with his brother-in-law (F.Williams). About half an hour later he returned to the hotel, sat down in the office and remained there for about an hour. He was quite sober at that stage. Buffham left the office at about 9.30 pm. Witnesses next saw him in the commercial room lying on a carpet. This would be about 10.30 pm. He did not hear or see the deceased have an argument with anybody that day, nor had he seen Cooney in the hotel throughout the day.
Cross-examined: Cooney could have been in the bar in the afternoon without witness seeing him.
John Edward O’Shea, the proprietor of the Royal Hotel Horsham, said that he knew the deceased Buffham. On the afternoon of July 14 he was in the employ of witness until closing time. After Buffham had knocked off work witness gave him ?10 for his afternoon’s pay. At about 10.30 pm he saw Buffham lying on the footpath near his car which was parked with its front wheels in the gutter. Witness had him removed into the hotel and telephoned for a doctor.
To Mr Bennett: Buffham was unconscious when he was carried into the hotel.

Endeavored to Stop Fight.
Thomas Robert Raymond Smith of Meadow Bank Horsham, stated that he was in Wilson street Horsham at about 10 pm on Saturday July 14. Several men including Les Martin, Vic Gillick, Des and Roy Ward, Stan Wilson and Arthur Cooney came out of the billiard room. Ward and Cooney walked towards the Locarno Hotel. Wilson and Roy Ward walked to the opposite side of the street and back to the Locarno Hotel. Martin and witness were speaking to each other in front of Gillick’s billiard room. He next noticed that two men were fighting on the footpath in front of the Locarno Hotel. He walked down towards them and recognized Cooney. He did not know the other man. Cooney’s opponent appeared to be an old man. As the fight progressed blows were struck at each other and Cooney hit Buffham. After that Buffham staggered backwards. Witness then stepped in and caught hold of Cooney and held him. By that time the two men were in the middle of the road. When Cooney was held Buffham walked towards the Royal Hotel where his car was standing. He walked past the car and then came out from round the back of it. Witness allowed Cooney to go and he saw him walking behind Buffham. The latter was making towards the footpath and it was then that witness recognized him as Buffham. When Buffham had gone a few yards further someone said “Look out.” Cooney then hit Buffham, striking him somewhere on the head. Buffham fell in the gutter as a result of the right-handed blow he received. Just after the blow was struck, he noticed “Bully” Young and “Angie” Glover nearby. Buffham was lying face downwards in the water and Glover and Young helped to pull him up. They sat Buffham up on the roadway and Cooney still wanted to fight. When they removed Buffham to the foot path he appeared to be unconscious and there was vomit on the front of his clothes. Hector Rushbrook then came along and with his assistance yhe four of them carried Buffham to his car. Later, however, he was taken into the Royal Hotel. Buffham appeared to be unconscious the whole time and did not speak. Before the fight began Buffham could walk quite straight but Cooney seemed to be very drunk and was staggering somewhat. When witness first got hold of Cooney the latter said. “He king hitted me.”
To Mr Bennett: Cooney appeared as though he would not have been able to do anything if he had any more drink. Witness did not actually see the blow connect, and it was more likely that Buffham could have tripped into the gutter than to have been knocked there by the force of the blow. During the fight on the road Buffham appeared to be having the better of it.
To Mr Wilmoth: He believed  that Buffham was not looking for fight.
Re-examined: Smith stated that the last blow of Cooney’s was a full-armed swing and if it connected it would strike Buffham from behind. The force of it would be sufficient to knock a man over.
Beatrice May Wilton, café proprietress of Wilson street Horsham gave evidence of the lighting of the locality as supplied by a street light under her verandah and a window light.

“I Know Nothing About It.”
First Constable Edward Meaney stated that at 10.30 pm he went to the Royal Hotel in company with Constable King. In the lounge room he saw Buffham lying on the floor on his right side. He was in an unconscious condition and breathing heavily. Witness immediately had him removed to the Horsham Base Hospital where life was found to be  extinct. Just previous to taking Buffham to the hospital he saw a man named Arthur Cooney standing with Constable King in Wilson street close to the Royal Hotel. Witness said to him “Were you fighting with a man named Buffham?” and he replied “No”. Witness then said “Do you know how Buffham became injured?” Cooney replied “No I know nothing about it.” Cooney appeared to be very much under the influence of liquor and was arrested by Constable King on a charge of drunkenness.
To Mr Bennett: Cooney appeared to be stupid.
Was in Hotel with Buffham
Leslie John Glover, salesman, of McLachlan street Horsham, said that he was in front of Fortington’s tobacconist shop on the night of the occurrence. He there met John Buffham and they spoke to each other for several minutes. After they had been talking for a while, they went into the Hotel Locarno. Yhey were there for about two or three minutes. Nothing transpired while they were in there . He first saw Cooney in front of Gillick’s billiard room. Buffham walked away from him (Glover) after they had come out of the hotel. He then saw Cooney and Wilson walking towards the Hotel Locarno. Later on he heard a scuffle and saw that there was a fight in progress on the road. Witness went over and saw that Cooney and Buffham were engaged in the fight. He did not know whether the blows were connecting or not as it was pretty dark. A few minutes later Buffham walked off towards his car  and Cooney followed him. Buffham went around his car and was coming  back to the footpath again when Cooney appeared to hit him on the head. Buffham then fell to the gutter.
Asked by Inspector T.Clugston how a man would fall if he received a hard blow, Glover said that he did not know as he had never been knocked down.
A previous witness said that Buffham went “flop” and did not put his arms out to save himself as he would if he tripped.
Continuing, Glover said that he went to Buffham’s assistance when he saw  him in the gutter, and with others they removed him to the Royal Hotel.
To Mr Bennett: Buffham could have tripped into the gutter.

Lost Count of Drinks They Had.
Stanley Wilson, laborer, of Henry street Horsham said that on the night of the altercation he met Cooney at about 8.30 o’clock and they went round to the sale yards at the back of the Bull and Mouth Hotel. They stayed there for about an hour. While there they drank two bottles of beer. A few hours previous to that they had had a good many pots at the Locarno hotel. At the sale yards Cooney said “You wait here while I get some brandy.” He returned with half a large bottle of brandy and they drank that. They then went around to Gillick’s and Cooney was beginning to show the effects of the liquor. They remained in the billiard room about 20 minutes and afterwards came out on to the footpath. Jack Buffham was standing nearby and Cooney began a conversation with him but he was unable to hear what they were saying. They must have been arguing because he saw them begin to “box on.” They went out on to the road and then back to the footpath. He saw Buffham fall into the gutter but he did not know what caused him to go down. There was a lot of wild swinging going on. He had no idea what the two men were fighting over.
To Mr Bennett: Cooney had consumed a lot of drink that day. He had a lot with him (witness) and he (Cooney) had told witness that he had 12 brandies in the morning. He lost count of the number of beers they had had after the football when they were pretty dry. (subdued laughter from the gallery).
Victor Charles Gillick, billiard room proprietor, Wilson street Horsham said that on Saturday July14 he was in his billiard room at about 10 pm. Stanley Wilson and Arthur Cooney were there. The latter appeared to be very drunk and Wilson was not quite so bad. After closing his saloon, he went out on to the footpath and saw two men fighting out on the road. They were about 20 yards away from him and he could not recognize them but he had no doubt now that they were Cooney and Buffham. Later he saw a man in the gutter but was unable to say what caused him to be there. He recognized the man as Jack Buffham.

“Arthur Who Was in the Row”.
        William Fortington, hairdresser and tobacconist, of Wilson street Horsham, related that on the night of the trouble he had met Wilson and Cooney at the Royal Hotel corner. He said to Wilson “How is Jack Buffham?” and he replied “I think he is all right.” With that the other man said “He’s all right.” Then Wilson said “This is Arthur who was in the row.” Cooney again said “He’s all right.”
Thought Buffham Tripped Over.
Leslie Robert Martin, Sheep drover of Darlot street Horsham, said that on Saturday night July 14 he was standing in Wilson street not far from the Billiard room. He saw Jack Buffham walk past him and towards his car. Later he saw Cooney following Buffham and someone said “Look out Jack.” In his opinion Buffham tripped over. From the position he was in he would have been able to see if Buffham had been hit.
Warned to Tell the Truth.
Hector Joseph Rushbrook, barman, employed at the Hotel Locarno, stated that he saw the altercation from the verandah of the hotel. Buffham and Cooney were running about the road, one after the other, but he would not call it a fight.
Inspector Clugston asked the witness if he was serious in his evidence.
Witness: Yes. I’m telling the truth.
Inspector Clugston: Well I’ve seen some bad liars in my time.
Mr Norris then warned the witness about telling the truth.
Continuing his evidence, Rushbrook said that he was in charge of the cupboard at the Hotel Locarno. He remembered that Glover and Buffham had drinks there at about 10 pm. After the two men had been scuffling around on the road, he heard a fall, but did not know who had gone down until Leslie Glover told him.
Frank Young, hairdresser, at present residing in Beulah, stated that he was in Wilson street Horsham at about 10 pm on Saturday night July 14. He was standing near R.N. Crawford’s office when he saw Wilson and Cooney go past. A few minutes after, he saw Cooney and Jack Buffham exchanging blows in the middle of the road. Later on Buffham waled towards his (Buffham’s ) car and Cooney was about 12 yards away. Witness then walked in a westerly direction along Wilson street, but on turning round he saw a few men congregated in front of the café. He then walked back and saw Buffham lying in the gutter.
That’s What Booze Will Do For You.
First Constable M.J.Kearney stated that on July 15 at 9.30 am he saw Arthur James Cooney at the Horsham watch-house. He said to him, “Do you remember having a fight with Jack Buffham in Wilson street last night?” Cooney said “I met him for the first time yesterday. I was pretty drunk. I remember having a fight with somebody.” Witness said. “Do you remember fighting in front of the Locarno and afterwards following a man towards the footpath and hitting him when he dropped in the gutter?” He said. “Yes.” Witness said. “That man was John Buffham. He did not speak nor move again after you hit him and died on the way to hospital.” Cooney said. “Oh.” And after a little hesitation said. “That’s what booze will do for you. If I had last night over again this would not have happened.”
Charged With Manslaughter.
That afternoon shortly before 4 o’clock, continued witness, he had another conversation with Cooney and then accompanied witness into the police office where Constables Donaldson and King were. He said to Cooney. “You now know that the man you had the fight with in Wilson street and afterwards followed to the gutter where you hit him and he fell was Jack Buffham.” Cooney replied “Yes.” Witness said. “You will now be charged with manslaughter.”
Sorry for Widow and Children.
He did not make any further comment, but a little later at the watch-house he said. “I am sorry for his widow and kids. I don’t care what happens to me but I would do anything I could for them.” Witness said. “It’s fine to hear you talk like that.”
Constable Kearney, concluding, said that he had studied the locality where Buffham was supposed to have fallen and could not find anything that was likely to cause anyone to trip.
To Mr Bennett: The gutter was slightly rough in places but not sufficiently to make a man stumble. He would not deny, however, that a person could perhaps trip over there.
To Mr Wilmoth: He had known John Buffham for a long period and his reputation in the town was good.
Mounted Constable S.J.King of Horsham said that at about 10.30 pm on July 14 he went to Wilson street where he saw Arthur James Cooney. He was speaking to a man named Stanley Wilson and appeared to be in a very drunken condition. Witness placed him under arrest, took him to the lock-up and charged him with being drunk.
Constable A.W. Donaldson correlated the evidence of Constable Kearney in regard to the interview with Cooney in the police station on Sunday afternoon July 15.
That concluded the evidence.
Mr Bennett, addressing the Coroner stated that there was very slight evidence that Cooney had delivered the blow that caused Buffham to fall down. He asked them to act on the evidence and to bring in a finding of accidental death.
Mr Wilmoth, speaking on behalf of relatives, said as far as Buffham was concerned he was not doing anything discredible. Apparently he had got into some argument and was trying to avoid a fight. There was no stigma attached to his memory.
Result of Post Mortem Examination.
Dr G.R. Felstead of Horsham said: “At about 10.30 pm on July 14 in response to a telephone call, I proceeded to the Royal Hotel Horsham. In a room there I found a man whom I recognized as John Buffham. He was lying on his right side on a rug placed on the floor and had a pillow under his head. His color was of a deep dusky hue: his breathing was infrequent and shallow: his pupils were dilated and failed to respond to light. About his mouth were signs of recent vomiting in the shape of particles  of undigested food. His face, scalp, nostrils and lips were powdered with sand: his outer clothes were wet and his underclothes were relatively dry. He was obviously at the point of death and I arranged for his removal to the Base Hospital Horsham. I saw him on his arrival at the hospital and he was then already dead. On July 15 I carried out a post mortem examination. Over the upper part of the left forehead was a series of abrasions arranged in a semi-circle with the convexity downwards. The abrasions varied in size from half an inch in diameter at the end to about a quarter of an inch diameter at the other end and they appeared to have been sustained within the previous 24 hours. Apart from that, there were no external signs of violence. Removal of the skull cap showed the brain and skull contents normal, except for a small hemorrhage three quarters of an inch in diameter situated on the surface of the brain. There was no fracture of the skull either of vault or base. The mouth contained particles of undigested food. The stomach was well filled with food, partly digested and partly undigested. The left side of the heart was not dilated, but contained a small amount of dark fluid clots. There was no disease of the valves nor of the coronary arteries and the aorta did not show any disease of its walls. In my opinion death was due to suffocation resulting from obstruction of the glottis by vomited food. There was no post mortem evidence of disease that would cause unconsciousness. There was no post mortem evidence of alcohol. The only mark of injury was the mark already described on the scalp and the small hemorrhage on the brain, which was very doubtfully due to injury. I cannot say the cause of the mark on the scalp. If he had alcohol within an hour or two prior to his death, that alcohol would still be in the stomach. He had a full stomach and the effect of a blow or fall might make him vomit. The doctor said that he did not think it likely that the abrasion on the forehead could have been caused by a blow from a fist.   One would expect that a blow sufficiently strong to fell a man of the stature of deceased would leave some sign that could be detected. Apart from the mark described there was no such sign.
To Mr Wilmoth: He found no sign of anything but sobriety in the deceased.
Re-examined: It would be possible to have concussion without obvious post mortem signs. The injury on the forehead of deceased would be consistent with his falling on some hard substance.
Coroners Retire for Over an Hour.
At about 8.30 pm, the Coroners retired to consider the evidence, and it was nearly 10pm when they brought in a finding that John Buffham died from suffocation resulting from vomiting caused by a blow inflicted on him by Arthur James Cooney. They ordered that a warrant be issued for the arrest of Cooney, who would be committed for trial on a charge of manslaughter to the next sitting of the Horsham Supreme Court in September. Bail was allowed.
At the conclusion of the inquest. The Petty Sessions were opened and the charges of manslaughter, drunk and disorderliness and riotous behavior were withdrawn by the police.
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Horsham Times, Friday, September 14, 1934
 
ACCUSED MAN AQUITTED

The Wilson Street Fight Case
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Nobody Saw Blow Connect
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Deceased Man May Have Stumbled
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Counsel’s Attack on Horsham Constable
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After a charge of manslaughter had been hanging over his head since Sunday morning July 15, Arthur James Cooney, sewerage employee, was acquitted by Mr Justice Lowe and a jury at a sitting of the Horsham Supreme Court on Tuesday. Cooney, it was alleged by the Crown, had caused the death of John Augustine Buffham in a fight in Wilson street Horsham on Saturday night July 14. Lengthy evidence similar to that given at the recent inquest was tendered by several witnesses, all of whom were unanimous that Cooney was in a very drunken condition on the night of the altercation. Those who saw the fight were also unable to say whether or not Cooney struck Buffham before the latter fell to the ground and died shortly after. Mr L.F.B.Stretton of Melbourne (instructed by Mr I. T. Bennett of Horsham) appeared for the accused and Mr R.J. Wilmoth presented for the Crown.
Witnesses called by the Crown and who also gave evidence at the inquest were: John Joseph Gleeson, laborer, Lynott street Horsham: Dr G.R. Felstead of Horsham: Francis Joseph Moylan, barman of the Royal Hotel: John Edward O’Shea, proprietor of the Royal Hotel: Thomas Robert Raymond Smith, laborer, of Meadow Bank Horsham: Beatrice May Wilton, café proprietor, Wilson street Horsham: First Constable E.Meaney, of Horsham: Leslie John Glover, salesman, McLachlin street Horsham: William Fortington, hairdresser and tobacconist, McPherson street Horsham: Leslie Robert Martin, drover, Horsham: Victor Charles Gillick, billiard room proprietor, Wilson street Horsham: First Constable M.J. Kearney: Mounted Constable S.J. King and Constable A.W. Donaldson, all of Horsham.
Mr Stretton cross-examined the majority of witnesses very thoroughly regarding the possibility of a blow being struck by Cooney immediately before Buffham fell, but none of them, with the exception of Smith, who said that a blow appeared to be struck, could say what had happened at that particular time.
Those who saw the fight were also questioned about a small bulge in the road near where Buffham fell and admitted that it would have been possible for Buffham to have tripped over this bump.
Constable Cross-Examined.
After giving his evidence in his usual capable manner, First Constable Kearney underwent a severe cross-examination by Mr Stretton. Asked how long he had been in Horsham, witness said 10 years.
Mr Stretton: On the morning you interviewed Cooney, he was a sick man, was he not?
Constable Kearney: He did not look to be sick.
Mr Stretton: Was it not a fact that he was dry- rectching?
Constable Kearney: I never saw him dry-retching and he did not seem off color.
Mr Stretton: Didn’t you say to Cooney when you first saw him on the Sunday morning. “You look a nice looking ----.”
Constable Kearney: Indeed I did not. I am sure my reputation is such that most people would know that I would not use such language under the circumstances.
Mr Stretton: Talking of reputations, you are the most unpopular officer that has ever been in this town. Do you know that?
Constable Kearney: I always do my duty, and I may be unpopular with a certain class.
Mr Stretton: Having regard to the fact that Cooney was suffering from the result of a drunken debauch, do you not think it unfair to question him and use anything he might say in evidence against him?
Constable Kearney: I think it is quite fair.
Mr Stretton: When Cooney was told that Buffham had died, was he not sorry?
Constable Kearney: Yes. He said. “It does not matter what happens to me , but I would do anything for his widow and kids.” I said. “It’s good to hear you talk like that.”
Asked about the bulge in the road, Constable Kearney said that he had studied the scene and he did not think there was anything that would cause a man to trip.
That concluded the Crown case.
Accused in the Witness Box.
Calling only one witness for the defence (the accused himself) Mr Stretton pointed out that it would be obvious that Cooney was so drunk on the night that he did not remember anything about it.
Arthur James Cooney, who gave his age as 28 years, said he had been in the Horsham district for three or four years. Prior to Saturday, July 4 , he had not had a drink since Easter Monday. On the morning of July 14 at about 10 o’clock he went to the Royal Hotel and had three or four drinks. From there he went to the Commercial Hotel and had six or seven more drinks. After that he was practically drunk. He went home and had dinner. He then went to the Royal Hotel with three other men and had another four drinks. From there he went to the High School and played football until about 5 o’clock. He played throughout the game and was drunk all the time. After the match he went to the Locarno Hotel with a crowd of other fellows and he had numerous pots of beer. He could not remember how many. In the morning he had been drinking brandy. After leaving the Locarno Hotel he went to the Wimmera House , where he stayed for tea. He had a faint recollection of having tea by himself, but he was very drunk at the time. He met a girlfriend at night and brought her to the Mechanics Hall to a dance. He thought he was too drunk to stay at the dance, so he left his girlfriend at the dance and went and met a couple of chaps. They went down to the sale yards and drank some bottles of beer. He also had a faint recollection of having some brandy. He did not remember leaving the sale yards at all, and apart from the fact that he had a shady recollection of seeing a constable he did not remember any more until next morning he found himself in the watch-house. He thought he had been locked up for being drunk. The first person to speak to him in the morning was Constable Kearney, and when he came in he (witness) was dry-vomiting. He could not remember anything about a fight.
Cross-examined: He met Jack Buffham for the first time on July 14 when Buffham served him with drink at the Royal Hotel.
At the conclusion of the evidence Messrs. Wilmoth and Stretton briefly addressed the jury.
Mr Stretton said the defence was briefly , that of the accident in the first place: secondly, that the accused was so drunk that he was totally incapable of forming any intention of striking a blow. Cooney’s character, he said, was very good and even Constable Kearney admitted that. Cooney’s words, when he came to in the gaol the morning after the affair, regarding Buffham’s widow and children were not the words of a killer. He was a decent, respectable citizen who had fallen into the trap of the cursed drink.
In summing up, his Honor said that as far as this case was concerned manslaughter was presented in the form of an unlawful thing. There seemed to be no evidence to support the fact that Buffham died from a seizure, and if he fell to the ground while defending himself from Cooney, thereby causing his death from suffocation, Cooney would still be guilty. The jury then heard a long account of what the accused had consumed in the way of drink. If they thought that the proper inference to be taken from that was that the accused was incapable of knowing what he was doing, there was no offence, but if they thought that withstanding the drink he had had he did not know he was aiming a blow then drunkenness would be no answer.
After a retirement of 25 minutes the jury returned with a verdict of not guilty.
Cooney was then discharged.

 

 


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