Grahamstown Journal 1870 - 3 - July to September
Friday 1 July 1870
MARRIED on the 21st inst, (at the residence of the Bride’s father, Belmont, Albania) by the Rev James Scott, E.B. COOK Esq, late of Cradock, to Miss Emma WAYLAND, late of the district of Fort Beaufort.
DEATH OF MR. JOHN COMLEY [sic – should be William COMLEY]
The Jubilee year, so far, is memorable for the numerous cases of mortality amongst the British Settlers of 1820. To the names of Joseph WALKER, WEDDERBURN, GOLDING, GODDARD, FORBES, W.ROE, Carey HOBSON, E. BRADFIELD and C. PENNY, names familiar in the annals of the Albany Settlement, we have now to add that of John COMLEY, a man not better known by his long residence in this city than for his consistent piety, and for his active practical endeavours through a long course of years to do good to all around him. Mr. COMLEY came to this country with Major PIGOT, but was more generally known as a practical gardener and botanist. Scrupulously careful in his expenditure, he enjoyed for many of his last years a moderate competency, enjoying, as long as his strength would permit, the work of the Wesleyan Church as local preacher and class-leader. During the festivities of the Jubilee week he was apparently in the enjoyment of his usual health, and seemed to enter into the spirit of the occasion with great zest, which, however, had been very perceptibly declining for some time past. A few days ago these symptoms of extreme feebleness became alarming. Human aid was at hand, but it was unavailing, and the community have to deplore the death of a quiet, honest and useful citizen. Mr. COMLEY was the father-in-law of Mr. LOXTON, the active member for Queenstown.
Since writing the above we regret to hear of the death of Mr. GRAY, another of the Settlers of 1820.
Monday 4 July 1870
MARRIED on the 23rd June, by Special Licence, at Port Alfred, by the father of the bride, Benjamin Shaw BLAINE Esq, second son of Henry BLAINE Esq of London, and grandson of the Rev Wm. SHAW, to Augusta Louisa Ann, eldest daughter of the Rev C.R. LANGE.
Wednesday 6 July 1870
MARRIED in Commemoration Chapel on Wednesday July 6 by the father of the Bride, Alfred Jesse WOOD, son of the Hon’ble Geo. WOOD, to Miss H. GREEN, youngest daughter of the Rev G.H. GREEN of this city. No cards.
Friday 8 July 1870
BIRTH at Seymour, Stockenstrom, on Sunday the 3rd instant, Mrs. M.E. SMIT of a son.
Monday 11 July 1870
BIRTH at Grahamstown on the 10th instant, the wife of Mr. Charles J. ROBERTS of a son.
Monday 18 July 1870
BIRTH at Alexandria on the morning of the 13th July 1870, the wife of F.W.K. WYLDE Esq, F.A. and M. Police Force, of a son.
MARRIED on July 14 at Somerset East, by the father of the bride, John Thornhill COOK Esq, eldest son of the late Rev E. COOK, to Susanna S., eldest daughter of the Rev Geo. CHAPMAN.
DIED at Oatlands on the 15th inst, of Whooping Cough, Ida Emma, infant daughter of Henry and Elizabeth DIXON, aged 13 months and 5 days.
DIED at Grahamstown on Saturday 16th July 1870, of inflammation of the lungs, Emma Mary, the beloved wife of George James HILL of Salem (born HAYWARD). Aged 21 years 6 months and 7 days.
Friday 22 July 1870
DIED at Oatlands on the 12th inst, Edith Mabel, infant daughter of Andries and Maria Henrietta STOCKENSTROM.
Monday 1 August 1870
DIED of bronchitis on the 18th July, at the residence of Mr. James THOMAS, Stormberg, Erilda Isabel, only and beloved daughter of William BARRETT and Mary Elizabeth GRADWELL; aged one year and six months.
DIED at Grahamstown on the 28th inst, Harry Clement, infant son of Charles and S.A. WEBB. Aged 10 months and 7 days.
Wednesday 3 August 1870
BIRTH at Grahamstown on the 30th July, Mrs. J.D. THOMAS of a son.
BIRTH at Capetown on the 14th July 1870, the wife of Mr. James DALLAS, of Namaqualand, of a son.
MARRIED on the 2nd August, at St. Bartholomew’s Church, Grahamstown, Arthur Christian TAWKE Esq, Lieut. 32nd Light Infantry, eldest son of Arthur TAWKE Esq of the Lawn, Rochford, Essex, to Mary, third daughter of the Venerable Archdeacon MERRIMAN.
DIED on the 18th June 1870, at 75 Lansdowne Road, Notting Hill, London, of disease of the heart, Annie Harrietta, eldest daughter of Colonel Robert G. HAMILTON, Royal Engineers. Aged 22 years and 8 months.
Friday 5 August 1870
DIED in Grahamstown, Aug 2nd 1870, at the residence of Mr. S. OATES, Hester SARGEANT, sister of the late Mr. Wm. SARGEANT Sen. Aged 77 years. Friends at a distance will please accept this notice.
Friday 12 August 1870
BIRTH at Oatlands on the 10th instant, the wife of Mr. Henry WOOD of a daughter.
BIRTH at Grahamstown on the 8th inst, the wife of J.G. CLOUGH of a son.
DIED at Grahamstown on the 10th inst, John Cope GRAINGER, second son of Mr. John GRAINGER of this city. Friends at a distance will please accept this notice.
DIED at the residence of his son, Hilary Farm, Bushman’s River, Joseph THOMAS; aged 77 years. He came to this colony in 1820, with LOCK’s Party [sic – should be COCK]
DIED at Queenstown on the 6th August, George William, eldest son of the Rev William IMPEY, aged 28 years.
Monday 15 August 1870
BIRTH at Keiskamma, August 14 1870, the wife of Mr. R.J. WILLIAMS of a daughter.
Friday 19 August 1870
MARRIED at Russell Park, Upper Bushman’s River, by the Rev George Chapman, Wesleyan Minister, Louisa Jane, fourth daughter of Robert J. POTE Esq, of Hopewell, to Jonathan Caleb, youngest son of the late Benjamin RUDMAN Esq of Grass Ridge, Uitenhage. No cards.
DIED at Grahamstown on Tuesday the 16th August 1870, Sarah, the beloved wife of Thomas Francis KING; aged 60 years and 11 months. Friends at a distance will please accept this notice.
DIED at Bathurst on the 12th August, Christiana PALMER. Aged 78years.
Monday 22 August 1870
MARRIED in the Wesleyan Chapel, Somerset East, on Monday 15th August, by the Rev G. Chapman, Samuel, fourth son of Mr. John WEBSTER, of Zuurberg, to Mary Ann, eldest daughter of Mr. William WATSON, of Bracefield, Bushman’s River. No cards.
Wednesday 24 August 1870
DIED at Grahamstown on the 20th August 1870, Mr. James CARNEY, aged 79 years. Deceased was one of the British Settlers of 1820. Friends at a distance will please accept this notice.
DIED at Jones Farm, Bathurst, on Monday morning, the 15th August, Cornelius, beloved son of Mr. James BANKS, aged 4 years 11 months and 15 days.
DIED at Grahamstown on the 20th instant, Mrs. Elizabeth KIGHTLEY, native of Wandsworth, Surrey, England; aged 78 years 5 months and 10 days.
DIED at his residence, Queen-street, Grahamstown, on the 15th August, Mr. R. MURRAY, aged 62 years.
Friday 26 August 1870
DIED at Burghersdorp on the 19th inst, John Harold, infant son of John and Sarah Ann HUMMING, aged 4 months and 16 days.
22nd August 1870.
Monday 29 August 1870
BIRTH at Clanwilliam on the 18th August 1870, Mrs. W.B. CHALMERS of a daughter.
DIED on the 28th August 1870, Hannah WOODLAND, aged 65 years and 7 months, leaving a family and large circle of friends to mourn their loss. “Blessed are the dead which die in the Lord.” Friends at a distance please accept this notice.
DIED on the 26th June at the Grammar School, Seven Oaks, Kent, Diana, wife of the Rev Christopher CROFTS, sister of Mr. J. LAWRANCE of this city.
Grahamstown, August 29 1870
Wednesday 31 August 1870
MARRIED at Salem on Thursday Aug 25, by the Rev T. Cresswell, George Richard, eldest son of Jos. GUSH Esq, M.L.A., to Ann, second daughter of Jer’h. LONG Esq of Eshcol, Bushman’s River. No cards.
Monday 5 September 1870
DIED at Alexandria, in child birth, the 2nd instant, Janet, the beloved wife of John Wm. CALLAGHAN.
Friday 9 September 1870
BIRTH on the 28th August at Phillipstown, the wife of W.A. RUSSELL of a daughter.
MARRIED at King Williamstown on Saturday 3rd September 1870, in Wesley Chapel, Cambridge Road, by the Rev Jno. Wilson, Ernulphus, youngest son of Mr. Leonard HEDDING, to Sarah Elizabeth Ann, eldest daughter of Mr. Charles KIDD, of King Williamstown.
King Williamstown, 6th September 1870.
We regret exceedingly to have to record the death of Mrs. SHAW, wife of Mr. Jesse SHAW, of this town, which occurred in childbirth on Tuesday last. Mrs. SHAW will be missed very much in the community, especially by the needy and indigent, whom she was always ready to assist most liberally, but without the slightest ostentation. Her loss will be lamented by a wide circle of friends; and we offer our sincere sympathies and condolements to the bereaved husband in his affliction. The funeral took place yesterday afternoon, when the remains of the lamented deceased were followed to their last resting place by nearly all the inhabitants of the place. – F.B. Advocate.
[Transcriber’s note: The transcriptions of the Kareiga Case which follow from successive issues were kindly done by Jack Ebden]
DEATH OF MR. O’REILLY, OF KAREIGA
SUSPICIOUS CIRCUMSTANCES
The Resident Magistrate’s Court of this city has been thronged the past two mornings by a large number of persons, to witness the preliminary examination before C.H. HUNTLEY Esq., into the causes attending the death of G. D. C. O’REILLY, son of the late Colonel O’REILLY, of the 21st Regiment of Hussars. It had been rumoured that the deceased’s untimely end was caused by extremely brutal treatment at a wedding party, and several persons were seriously implicated in the offence. Yesterday morning, Mr. HUNTLEY received the evidence of deceased’s wife, as follows:-
Mrs. Annie Tunisen O’REILLY, sworn, said: I am the widow of George Duncan [sic, should be Donkin] Charles O’REILLY late of Bruikhouisen’s Poort. My deceased husband was the son of the late Colonel O’REILLY. He died yesterday morning; I have not yet seen his corpse. He was very ill-used before he died. On Wednesday last, there was a wedding at the farm of my uncle, Mr. Cobus FERREIRA; his place adjoins my deceased husband’s farm. Thomas FERREIRA and John KROG were the persons who came to us and gave the invitation. I refused to go. But my husband went. To my surprise he did not return the same night and on the following morning, he was brought home by my uncle, Cobus FERREIRA, in a very helpless state. He was in fact dragged along by my uncle, who had his arm round his waist. He was very bad, and had much difficulty in breathing. The distance between my uncle’s farm and our place is about two miles. I said to my uncle, “Is this the way to treat my husband?” He replied, “How?” I said, “See his beard is shorn off, and he has been ill-treated; why did you, as master of the house, allow it?” His only reply was, “I’ve no time to stop; good morning.” He then went away. Returning to my husband, I questioned and examined him, and saw that he was in a very bad state. Next I went to my uncle’s place, asked him why my husband had been treated so severely? His reply was, “No one treated him bad here that I know of.” I replied, “How can you say so; his beard has been shorn, and his whole body is full of bruises.” My uncle then said, “Well, if he has been ill-used, it was done by your brother, Isaac FERREIRA and by Joe PHILLIPSON.” PHILLIPSON was present when this remark was made to me, and I said to him, “Joe, my husband told me it was you and Isaac FERREIRA who treated him so cruelly.” I then left. Next morning (Friday), I went to my cousin Fieldcornet Francis FERREIRA, and reported to him the circumstances. My cousin told me that he had evidence to prove that my brother and Mr. George CARNEY trampled upon my husband when he was down, and that Jacobus FERREIRA remonstrated saying to them, “you must not do so, or you will kill him.” I returned home, and found my husband still worse. I did all I could to relieve him, but finding my endeavours useless, I had him removed to Grahamstown, to the residence of Dr. DAVIS. Thence, at the doctor’s advice, he was removed to the Hospital, where, I am told, he died. Fieldcornet FERREIRA’s Kafir man, Tuden, was present when my husband was ill-treated, and according to his statement, the other persons present were my uncle Cobus FERREIRA, GOMLEY, a schoolmaster, T. LANE, schoolmaster at the Kareiga, George CAERNEY, George GLASS, Joseph TAYLOR, Johannes KROG, Thomas FERREIRA, T. KROG, and Jacobus FERREIRA. There was also a boy present, whose name I don’t know. (Witness was very much affected in giving her evidence, and had to be supplied with water to keep her from fainting.)
The Magistrate immediately issued a warrant for the apprehension of Isaac Johannes FERREIRA and Joseph PHILLIPSON.
This (Friday) morning, the two men were brought up in charge of the police, and the preliminary examination was further proceeded with.
Mrs. O’REILLY, re-called, identified the prisoners and the evidence she gave yesterday was read over to the accused.
Mr. Attorney STONE, who appeared to watch the case for prisoners, declined to cross-examine.
Tuden, sworn: I am a labourer in the service of Mr. T. FERREIRA, of the Kareiga. I know both prisoners; the first time I saw Isaac FERREIRA was at a dancing party at Cobus FERREIRA’s farm, sometime before last Sunday. I also knew George O’REILLY, and have heard that he is dead. I was at the farm when he was ill-treated; the two prisoners were there, and John KROG, T. KROG, Jacobus FERREIRA, H. FERREIRA, CARNEY, and others whose names I do not know. It was in the evening. I saw Isaac FERREIRA carry the late George O’REILLY out of the front-room of the house, into a small side-room. I was in the kitchen. Isaac FERREIRA carried him by himself and wanted him to lie down, but because he would not lie down Isaac FERREIRA trampled upon him. I saw this myself, they being in sight from the kitchen. Prisoner PHILLIPSON was in the little room lying down. Another person was lying in the same room, whose name I do not know. After trampling upon deceased, FERREIRA went into the front room, and deceased crawled towards the door leading to the front room. Isaac FERREIRA turned and took hold of O’REILLY again: the latter said, ”Leave me, let me go.” FERREIRA again trampled upon the deceased, this time upon his shoulder. Another person present, whose name I don’t know, then said, “O’REILLY is messing the house;” FERREIRA then carried him outside. O’REILLY returned, and lay on his stomach, near the kitchen. It was not any of the four witnesses now in Court. He was afterwards carried again into the house, and then the two prisoners wanted to put him in a bag; but Cobus FERREIRA interfered, and said, “You must not do it.” They persisted, and Cobus had to prevent them doing iso. A woman, named Hannah, then came, and Cobus FERREIRA got a sheet to cover O’REILLY. Hendrik FERREIRA was then called by Cobus and was told to see that the people did not hurt O’REILLY. I don’t know what took place after. When the trampling took place, the other persons I have mentioned were all in the front room.
Mr. STONE declined to cross-examine.
Cobus Theodorus FERREIRA sworn: I am a farmer residing at the Kareiga. Prisoners are both nephews of mine. Deceased, George O’REILLY married a niece of mine, the sister of the prisoner FERREIRA. There was a wedding at my farm on the last day of August at which prisoners were present along with George CARNEY, George GLASS J. KROG, H. KROG, H. FERREIRA, GOMLEY, Jas. TAYLOR, T. FERREIRA, two of Mr. CARNEY’s sons, named Thomas and Henry, Thomas LANE, Tuden, and others I don’t remember. O’REILLY has since died. He came in the evening about seven or eight o’clock, and had supper with us. After supper, we commenced drinking; O’REILLY had been drinking before he came. I saw he was taking too much. I said, “George, you had better leave off.” He replied, “Go to hell,” or “Be ---"; I don’t remember which. O’REILLY then snatched a glass of brandy from my hand as I was raising it to my lips. He became drunk, and falling down, fell upon the side of a corn-brim. I then carried him into the kitchen. Some people wished him to be laid on a wool bag; I said no, and had him laid on a feather bed. From that time, I did not see him again until the next morning. When I got up, I saw PHILLIPSON bathing O’REILLY’s head with cold water, helped by a kafir named Willem. After this, I saw deceased sitting at the back of the dairy-room, and I took him from there, and supporting him, walked with him towards a fence, thinking he would get better. I saw he had messed his clothes all over, and I made him take them off. When redressed I took him to his house. When I returned home his wife was at my place. O’REILLY was still under the influence of liquor, and his wife cried, saying she did not care for herself but for her children. Mrs. O’REILLY did not tell, as she has stated, that her husband was shorn. I noticed that O’REILLY’s whiskers were cut short; but they were not shaved off. I did not examine deceased’s body, and did not know it was bruised. As to Tuden’s evidence, I say it was impossible for him to have seen from the kitchen anything that occurred in the other room.
Edward DAVIS, M.D., sworn: I knew the late George O’REILLY; he was carried to my surgery in a wagon by his wife, on Tuesday, the 6th inst. I said to him, “You are ill.” He said, “yes, I am very ill, and have been so for some time. I have come to town, as a patient of the Albany Hospital.” He then told me he had been invited to a marriage supper and had been made to drink what he could not stand. He then entered into particulars of what followed (given privately to the Magistrate). I had him removed to the hospital at once, and attended him there until his death on Wednesday morning. He was suffering from pleuro-pneumonia on the right side. The usual treatment was adopted, but he never rallied. Since, with Dr. E. ATHERSTONE, I have held a post-mortem examination. Dr. DAVIS, with great minuteness, described the state in which he found the lungs, liver, viscera &c. The liver was of extraordinary size, weighing 41/2 lbs. There were scars in the lower part of the body, as if from burning. He and Dr. E. ATHERSTONE both stipulated the death of deceased to pleuro-pneumonia.
Stephanus A. FERREIRA and another witness were examined and the prisoners were remanded until to-morrow.
Monday 12 September 1870
Saturday,September 10
THE KAREIGA CASE
Isaac J. FERREIRA and Joseph PHILLIPSON were brought up again this morning, and George CARNEY was arraigned with them, and the examination was further proceeded with. Mr. CARNEY, when obliged to return from his way to the diamond-fields, had proceeded with his party some sixty miles. Mr. LANE and Mr. G. GLASS returned with him. The evidence taken on Thursday and Friday was read over to Mr. CARNEY. Mr. Attorney STONE attended, to watch the case for the accused.
Thomas LANE, sworn; I am a schoolmaster at the Kareiga, residing with Mr. CARNEY. I was at the wedding at Cobus FERREIRA’s on 31st ult. with the late O’REILLY and others. There was a dancing party, but as to the treatment of O’REILLY I saw nothing whatever. He arrived between six and seven, p.m. I saw him in the room and he appeared to be very irritable. His whiskers, to the best of my recollection, were as usual. I left him after supper until about one or two in the morning. I don’t remember whether he sat down to supper. I sat on the sofa, amusing the children, and did not see what became of him. I did not see him taken into the side-room. People were continually coming in and going out of the front-room. Prisoners were not drunk; but they had had had something to drink, and were excited. I was perfectly sober. I swear most positively I never witnessed any ill-usage of the deceased. I heard nothing until I arrived in town this morning, and saw the newspapers. If O’REILLY was ill-used, it must have been in some other part of the house; but I fancy, if true, I must have heard something of it. I saw no attempt to put O’REILLY in a bag. I am perfectly unable to account for his whiskers being cut off; directly or indirectly I know nothing of it. I don’t know where O’REILLY was when I left the house, at one o’clock.
The Magistrate remarked, it was clear beyond doubt that O’REILLY was much ill-used before death, and yet every witness swore he did not know who did it.
Mr. STONE: It may have been done by the natives.
George GLASS: I was present at the dancing party at Mr. C. FERREIRA’s. I saw O’REILLY there; if his whiskers had been cut I think I must have noticed the fact. I swear that I never examined his body. O’REILLY was drunk; we were all rather excited. The first time I missed him from the front-room was on going into the kitchen, where I saw him lying on some bags. A great number of Kafirs were in the room; I don’t know their names. I lifted O’REILLY from the bags and placed him on a bed in the side-room; He said nothing but only growled. No one helped me. This was, I think, between eleven and twelve o’clock. I don’t know who put him on the bags in the kitchen. I next saw deceased at about three in the morning, and never afterwards. I left about six in the morning. Isaac FERREIRA might also have carried him into the room; certainly, I carried him in once. I swear, I don’t know, directly or indirectly, in any shape, of O’REILLY being ill-used that night, and that I am not concealing anything. I can’t account for his whiskers being cut off. Henry CARNEY was asleep in the side-room when I carried FERREIRA in.
The enquiry was again adjourned.
Mr. STONE asked that his three clients be allowed to find bail.
The Magistrate refused the request; at all events at present. There was evidently something concealed,-- not only the cutting off of deceased’s whiskers, but other injuries much more serious. Some one must have inflicted them, and yet all professed entire ignorance.
Mr. STONE said that there were a number of Kafirs at the place when the man was injured, he must ask, in the ends of public justice, that they be subpoenaed to give evidence. That O’REILLY received his injuries from them there could be little question.
The Magistrate: I will send for them, and you may renew your request for bail on Monday.
Monday, September 12
Nearly the whole day has been occupied in taking further evidence in the Kareiga case. Mrs. A. J. FERREIRA, Mr. Jacobus FERREIRA, Mrs. O’REILLY, and Kafir servants names Sara, Mary, Willem, Booy, and Tuden, and Thos. and Henry CARNEY have been examined. The evidence was of very contradictory character, and it was evident that Tuden, the witness against Mr. CARNEY, is unworthy of belief.
At 4.20 this afternoon the day’s examination closed. Mr. CARNEY was discharged, there being no evidence against him. PHILLIPSON and FERREIRA, refusing to give bail, were re-conducted to prison, and will be again brought up to-morrow morning.
Wednesday 14 September 1870
Tuesday September 13
THE KAREIGA CASE
Isaac J. FERREIRA and Joseph PHILLIPSON were again brought up this morning, and the examination into the circumstances attending the death of the late George O’REILLY was further proceeded with.
Dr. E. ATHERSTONE: I made a post mortem examination jointly with Dr. DAVIS, of the body of the late George O’REILLY. We signed a certificate of the result. I have read Dr. DAVIS’s deposition, and agree with him in opinion as to the cause of death. The ulcer we observed, had none of the peculiar characteristics of a burn. The scar referred to by Dr. DAVIS was about half-an-inch in length; the wound had just healed up, and might have been produced by a pair of scissors. The patches of congestion over the external surface of the stomach might have arisen from a variety of causes, so also with the internal congestion. It might have been caused by intemperate habits. There was congestion on the brain. The indications I have referred to might have been produced by violence without marks of external injury. Death may have been accelerated by injuries. There were no marks of anyone having trampled upon deceased’s shoulder. If he had fallen heavily upon a box, as described by one of the witnesses, it might, possibly, have accelerated death.
By Mr. STONE: There are many natural causes which would produce the inflammation of the lungs described by Dr. DAVIS. Exposure of a person in a state of intoxication would produce such an effect. The lungs might be affected immediately after the pleuro became diseased. In how long time a lung would become solidified depends upon a variety of circumstances. Sufferers from pleuro-pneumonia require immediate medical treatment; unless this is procured, the disease does not always terminate fatally; it depends upon whether one or two lungs are affected, and upon the general health of the patient. Habitual drunkenness would aggravate the disease. The post mortem was made on the 8th and if deceased’s chest or shoulders had been jumped or trampled upon, marks would I think, still have been visible; but, as I have said, I did not observe any. The unusual size of deceased’s liver might have been caused by habitual drunkenness. Assuming there was no violence, death must have arisen from natural causes.
Mr. George Henry CARNEY, sworn: I am a farmer, residing at the Kareiga. I was at a wedding party at Cobus FERREIRA’s the last day of August. Prisoners and O’REILLY were also there. I went there between six and seven in the evening and when I saw O’REILLY he conversed with me freely, but I noticed he had been drinking. His face and whiskers appeared as usual. He was merry, drinking, dancing, and singing, until supper; he drank the health of the company and had supper with us. After supper, the men adjourned to a side-table, and began again to drink and sing. There was a great noise, and I went out and remained in the garden about half-an-hour, smoking. When I returned, O’REILLY was still worse for liquor, but was with the company. He asked me to drink with him. I took a little with him, telling him at the same time that I thought we had both had enough. O’REILLY then rose and staggered towards the kitchen door, and fell against a corner of the corn-bin. Rising, he staggered further into the kitchen, and I then joined the dance. When the dance was over, I went out, and heard a great noise. Returning, I saw that O’REILLY had again fallen. After this I sat down on the sofa, conversed, liquored up, and then feeling “seedy,” lay down. When I awoke, some-time between twelve and two, I noticed O’REILLY lying on a bed; I cannot remember the exact time. My son was lying in the same room, fast asleep; there were two beds in the room; one was, I believe, occupied by O’REILLY and my son, and PHILLIPSON lay on the other. I went out and had some more conversation. At about daybreak, I went into the side-room again, and woke my son up, to send him home. O’REILLY was still lying on his back, with his face covered. I swear that I know nothing whatever of any attempt to put him in a bag. I was away as much as I could, there being great noise and “rowing” inside. I had drunk more than I am in the habit of doing. Before supper and after, I several times passed through the kitchen. I saw natives in the kitchen before supper, but I did not notice whether they were in after. I never saw the Kafir Tuden until yesterday. Two of the girls who gave evidence were, I presume, amongst the natives present. I swear that I never saw O’REILLY ill-used by anyone that night; I am not concealing anything. I went home with my wife and sons, and heard nothing till I met Mr. ALLISON, on the following Tuesday, who asked me what I had been doing to O’REILLY. On the way to town I also passed Mrs. O’REILLY and Mr. O’REILLY and shook hands with them both. He said he was very sick. My reply was, “haven’t you got over the spree yet?” Mrs. O’REILLY said I ought to know what they had done to him. I said, “all I know is, we all drank too much; and that he was very drunk.” I was on horseback; they in a wagon. Two of my servants, Piet and Booy, were at Cobus FERREIRA’s, the evening of the wedding. I only saw them once during the night, and then ordered them home.
By Mr. STONE: I knew O’REILLY 17 years, during all which time he was a neighbour of mine. His general habits were intemperate; he was no companion of mine, and I never saw him oftener than I was obliged. There was no wrangling or quarrelling at the wedding party; at least not to my knowledge. Isaac FERREIRA was dressed in dark clothes; there were others also in dark clothes.
The enquiry was then adjourned until Friday, for the production of further evidence. FERREIRA and PHILLIPSON were admitted to bail.
Friday 16 September 1870
THE KAREIGA CASE
Isaac FERREIRA and James Phillipson appeared again this morning.
Dr. DAVIS again; The ulcer referred in my former deposition might have been caused by a burn; it is impossible to say positively it was so. The wound might have been made by a pair of scissors or other blunt instrument. A person might be injured by a blow or a kick without any external mark. O’REILLY’s death may have been from natural causes; there were no indications in the contrary.
By Mr. STONE; The internal appearances of disease might have been from hard drinking and natural causes. Many natural causes would produce inflammation of the lungs. If O’REILLY had been trampled upon a week or so before death, I should have expected to see marks of it; none however were visible.
Piet Klaas, sworn; I am in the service of Mr. G. CARNEY, as wagon-driver. I swear positively that I was not at Cobus FERREIRA’s on the day of the marriage party. I remember having a conversation with Mrs. MASSEY, at the Kareiga. She asked me where I was going. I told her I was going to a dance at Cobus FERREIRA’s. She told me I was to ask the young master to send her some cakes; but her herd having absconded, she afterwards requested me to stay awhile and look after her cattle. I did so, and consequently was not at the wedding.
Hendrik, sworn; I also am a wagon-driver, in the service of Mr. G. CARNEY. I remember the wedding party at Mr. Cobus FERREIRA’s. I arrived there about suppertime. My master was in the front-room; I was in the kitchen. I went there because my master sent for me. He told me to go away, and he would tell me in the morning what I should have to do. I left almost directly afterwards. While in the kitchen, I saw O’REILLY in the front-room standing at a small table, and drinking. I. FERREIRA and PHILLIPSON were in the front-room drinking. The Kafir, Tuden, was in the kitchen, with two Kafir women. I swear positively that while I was there, I did not see anything done to the late O’REILLY. No one took hold of him in my presence.
This closed the investigation.
The Magistrate said, according to the evidence he had been able to elicit, there was no case of culpable homicide against either FERREIRA or PHILLIPSON, but that there was a case of common assault, which, whether prosecuted or not, would rest with the Advocate General.
Mr. Attorney STONE; There is not the slightest evidence against PHILLIPSON.
The Magistrate said, according to the testimony of one person, he sined [sic] by laughing when FERREIRA was putting the bag on O’REILLY, and was so far an accessory. He would remand him secured till one o’clock, and in the meantime would place the evidence before the Solicitor-General.
On returning, Messrs. FERREIRA and PHILLIPSON were admitted to bail, to answer a charge of common assault, should such be preferred against them.
Monday 19 September 1870
DIED at Lumber’s Post, Southwell, on the 8th September, Thomas ROBINSON, in the 66th year of his age.
Wednesday 28 September 1870
DIED on Tuesday night at his son’s residence, Hill-street, Mr. Thomas FRANCIS, aged 82 years and 6 months. The Funeral will take place tomorrow (Thursday) at 4pm. Friends are invited to attend.
Friday 30 September 1870
BIRTH at Trompetter’s Post, on the 20th Sept, the wife of Wm. MONTGOMERY, hotel-keeper, of a daughter.
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