Hugh Sinclair Coroner’s Inquest

This is the most accurate transcription to date of the original handwritten Hugh Sinclair Coroner’s Inquest document. Headings have been added for clarity.

Information of Witnesses

Information of witnesses severally taken and acknowledged on behalf of our Sovereign Lady the Queen, touching the death of Hugh Sinclair at the dwelling house of Agnes Sinclair, Wainuiomata, in the provincial district of Wellington in the Colony above mentioned on Monday the 13th day of November 1871, before John G. F. Wilford, one of the coroners for the said Colony, on an inquisition then and there taken on a view of the body of the said Hugh Sinclair, then and there lying dead, as follows, to wit :-

Testimony of Thomas William Downes

Being sworn, saith:

At 6:45 pm on Friday evening, I accompanied deceased across the Hutt River in the punt. He stopped for five minutes at Whitewoods Hotel where he purchased a bottle of brandy which he strapped around his waist. I walked with him some distance down the Waiwhetu Road, talking about some burnings. Deceased was in his usual health. He was quite able to ride and talked quite rationally on various matters. He had half a slip of brandy at Whitewoods. He had been to town and was then returning. He did not linger in the Hutt more than about a quarter of an hour. He did not call at Valentines. It was then fine weather. About half an hour after, it began to rain and blow from the southeast. When Mr. Sinclair left me, I considered him quite capable of taking care of himself.

(Signed: Thomas W. Downes)

Testimony of Huston Campbell

Being sworn, saith:

On Friday night, November 10th, between 8:00 and 9:00 pm, I was on the Wainui Road or the Wainui side of the hill when I saw deceased coming hence. He was on horseback. He asked me to have a slap of brandy. He had an unopened bottle with him. I went into my house, taking the bottle with me, and helped myself to a slap. When I came back, I asked him if he was not going to have a slap. He did. I brought him a cup, which I did. I poured some out into the cup, part of which he drank and part he threw on the road. He then began to talk briefly, referring to roading, timber, etc. He talked quite sensibly. He talked for about 10 to 15 minutes. He then got me to get a bit of flax to tie the bottle in his pocket, which I did. He then went off on the horse at a trot. As far as drink was concerned, I considered him well able to take care of himself. The place where I left him was about a mile from where he was found. It was then raining. Deceased made no complaint of any kind. Deceased was not sober nor was he drunk.

(Signed: Huston Campbell)

Testimony of William Wakeham

Being sworn, said:

On Saturday, November 11th, I was going across the road near the Black Bridge in Wainui when I noticed a horse with saddle and bridle on the road. On crossing up, I noticed deceased lying on his right side about 2 yards from the road with his feet towards the road. Deceased’s hat was on the road about half a dozen yards from where he lay. There was no sun upon his clothes or face. The head was very dirty. His pocket handkerchief was between him and his hat. I immediately went to inform McIlvride and others of the occurrence. The bridle rein was hanging on the road.

(Signed: William Wakeham)

Testimony of John McIlvride

Being sworn, saith:

On Saturday morning, November 11th, between 9:00 and 10:00 am, I was called by the last witness who informed me that he had found deceased lying dead near the Black Road Bridge. I went to the spot. I found deceased lying on his right side. Right arm under his head. Left arm across his stomach. Deceased lay about 10 feet from the road. His hat was on the ground in front of him. His pocket handkerchief behind him. I saw no mark of a fall upon him, nor did I notice any mark on his face, hands, or any part of his clothes. His clothes were thoroughly soaked with the rain. I acquainted his friends and then returned and found others with the deceased. From the attitude of the body, I would suppose that deceased laid himself down voluntarily, not that he fell or was thrown there.

(Signed: John McIlvride)

Testimony of Dr. Henry Frederik Norris

Being sworn, saith:

That I am a legally qualified medical practitioner. I have made a post-mortem examination of the body of the deceased. On removing the skull cap, I found the dura mater and pia mater natural. The arachnoid membrane, together with the whole of the brain, in a state of congestion. Heart healthy. Lungs healthy, though the right one congested. Abdominal viscera healthy. Stomach empty. The living membrane quite healthy. I attribute the death of the deceased to congestion of the brain and congestion of the core.

(Signed: Henry Frederik Norris, M.D.)

Verdict of the Coroner’s Inquest

An inquisition indented, taken for our Sovereign Lady the Queen at the house of Agnes Sinclair at Wainui-o-mata in the said Colony on the 13th November in the year of our Lord 1871 before J. G. Fred Wilford, one of the Coroners of our Sovereign Lady the Queen for the said Colony, on view of the body of Hugh Sinclair, then and there lying dead, upon the oath of:

  • Robert Dick (Foreman)
  • William Prouse
  • Robert Whiley
  • James Symmns
  • Charles Collis Jr.
  • John Williams
  • Nicholas Thomsen
  • George Collis
  • St. John Hall
  • John Wakeham
  • David Dick Sr. (his mark)
  • Thomas Grey (his mark)

Good and lawful men of the neighbourhood, duly chosen and who being there and then duly sworn and charged to inquire for our Lady the Queen, when, how, and by what means the said Hugh Sinclair came to his death, do, upon their oaths, say that:

Deceased Hugh Sinclair died on the night between Friday evening, November 10th, and Saturday morning, November 11th, 1871, on the Wainuiomata Road near what is known as the Black Bridge, and that the cause of his death was congestion of the brain.
Signed:
J. G. F. Wilford (Coroner)
Robert Dick (Foreman)
William Prouse
Robert Whiley
James Symmns
Charles Collis Junior
John Williams
Nicholas Thomsen
George Collis
S. John Hall
John Wakeham
David Dick Senior (his mark)
Thomas Grey (his mark)

Background Information

Hugh Sinclair (1810–1871). Born 2 March 1820 in Dull, Perthshire, Scotland. Died 10 November 1871 near Black Creek Bridge, Wainuiomata. Buried at Sinclair Cemetery, Wainuiomata. Married Agnes Spiers (1804–1878) in Edinburgh, Scotland, on 29 March 1835, having six children.

Credits

Special thanks to Jeremy Foster for sourcing the document from the Wainuiomata Historical Museum and providing a transcript.

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