Inquisition

Inquisition
On The
Body Of John Phelan Senior

28th August 1847
John J. E. Linton - Coroner
Filed
18th November 1847

Court Recorder - August 1847 Transcribed by Peter Mullen - January 1989 Edited By Raymond John Phelan - March 1999

The Death Inquest Of John Phelan Sr. - 1847

Huron District, Canada

Huron District

To Wit) Information of Witnesses severally taken and acknowledged on the behalf of our Sovereign Lady the Queen, touching the death of JOHN PHELAN (Senior) at the dwelling of JAMES PHELAN at and on Lot Number 45 in the First Concession of the Township of North Easthope in the County of Huron, in the Huron District, and the Province of Canada, on the Twenty Seventh day of August, (Friday) in the Eleventh year of the Reign of our Sovereign Lady the Queen Victoria, etc. before JOHN J. E. LINTON, Esquire, one of the Coroners of the said District, on an Inquisition then and there taken on view of the body of the said JOHN PHELAN (Senior) then and there lying dead as follows to wit:

 

JAMES BROWN of the village of Stratford in the said Huron District, Tavern Keeper, being sworn saith that "On Wednesday morning last, (August 26, 1847), the day before yesterday, about Eight o'clock or thereabouts, the deceased JOHN PHELAN (Senior) called at the witness' tavern and wanted something to drink which was not given him. The deceased was a little, only a little, worse of drink. The deceased went on in the village (of Stratford) and deponent (witness) did not see him after till toward the evening (Wednesday) when he called again at deponent's tavern about Seven o'clock PM and he got nothing to drink. The deceased turned back and went again in to the village (of Stratford). The deceased said he wanted to attend the public meeting there that evening, to be held by the Honourable Mr. CAYLEY, and he wanted witness (JAMES BROWN) to go, which he did not.

 

The deceased called again at deponent's tavern about Nine o'clock and rested himself a little, but he got nothing to drink. And then witness offered to see the deceased home part of the road, and witness got the deceased out on the road, and after going a few steps, a short distance, the deceased stumbled and fell down and witness helped him up, and the deceased was able to walk by himself and witness proceeded down the road, east of the village (of Stratford), with the deceased, and when near WILLIAM TERRY's house, the deceased wanted to go in there to get something to drink. But deponent would not let him go in. And they did not go in. And the deceased, a little further on, stumbled down or slipped down on the road. Witness helped him up, and they went downwards as far as a little below Mrs. SARGINT's cottage, when Witness thinking that the deceased was able to go home himself, left him standing on the road, and returned a little quick westwards and left the deceased. And Witness having gone a little on met on the road JOHN PHELAN (Junior), a son of the deceased, and JOHN COURT to whom he told what he did by saying to the son that he had been seeing the "old man" down the road, on which the son asked what old man, and Witness said "your father", on which the son commented and remarked that he did not know what to do with him.

 

Witness and the said to whom he met looked back and saw the deceased as if returning. And then Witness returned home, and shortly after went to bed. And next morning, (Thursday, August 26, 1847), he heard that the deceased was very sick. And today, (Friday, August 27, 1847), Witness heard that he was dead. Witness (on question by JOHN STINSON, (a juror) says that the deceased did not complain of being hurt or injured in anyway. The deceased held (on a question by the Coroner) Witness by hand on going down the road, and Witness says it was deceased's right hand he had a hold of. And when, on his side, the deceased fell, it was on his left side and Witness said that he, the deceased, did not fall on his right side, as Witness had the deceased's right hand. Witness did not know that the deceased was hurt any ways, or injured till he heard today that he, the deceased, was.

Signed,
JAMES BROWN

 

 

 

JOHN PHELAN, JR, Saw Miller of the said Township of North Easthope, being sworn saith: That part of the preceding Witness' testimony having been read over to Deponent, where the meeting on the road of this deponent and JOHN COURT took place, this deponent says that it is correct, though Witness did not see his father on the road then, as deponed to by the preceding Witness. Witness and JOHN COURT proceeded on and found the deceased, Witness' father, lying in the middle of the road between Mrs. SARGINT's cottage and WILLIAM TERRY's house, but nearer to WILLIAM TERRY's house - and it was west of Mr. TERRY's house that Witness met JAMES BROWN. The deceased, when Witness found him, now lying on his back, and not able to speak, but breathing quick, and moaning. Our deceased did not speak a word to Witness or JOHN COURT, and did not appear to be able to speak. While Witness and COURT were standing there, three other persons came forward, namely, WILLIAM McDONALD, RICHARD McFADDEN and JOHN HUNTER. And they, with Witness and COURT and also Mr. TERRY, helped to carry the deceased into Mr. TERRY's house. And they carried him in and laid him down on his back on the floor. Witness thinking that his father, the deceased, if being allowed to sleep a little, should get better, and the deceased was allowed to be there until morning. And Witness came home to his bed. And when Witness went in the morning to see his father, he the deceased, appeared to be in the same state, no difference appearing from the state that the deceased was in the night before - that it was about between nine and ten o'clock at night, the night before when Witness found his father on the road. Witness was accompanied that morning, being yesterday morning, by his brother JAMES PHELAN, and wagon intending to take the deceased home. But on Witness seeing the state the deceased man was in, went for Dr. MOORE, who came and saw the deceased. And after this, Witness and his Brother JAMES brought their father home to JAMES' house, where the body now lies. That Witness' father was tended there by Dr. MOORE, who was in attendance on the deceased when the latter died, which was about Ten o'clock this morning. That the deceased never spoke any before he died, from the time on the road, in TERRY's house, and in his brother JAMES' house.

 

The deceased "once in a while" kept breathing hard and sighing, up till he cried and appeared to be in pain. That Witness saw his father last Wednesday morning, on the day before yesterday, and the deceased was not the worse for liquor, and the deceased did not look or appear as having taken any liquor or spirits that morning. That Witness, that morning went after some lumber, leaving his father, the deceased, in JAMES' house. And the next time he saw him was at a shed near BROWN'S TAVERN, and as witness wished to go to see the meeting there in the village, and afterwards to take his father home. He, the witness, proceeded on, and finding the meeting was over, he returned, and not seeing his father about, he proceeded onwards towards home, till he met the preceding witness JAMES BROWN as previously deponed to. That witness thought his father had gone homewards. That witness was accompanied into the village by JOHN COURT, and also out of the village homewards by the same person. That witness cannot say whether WILLIAM TERRY helped to carry the deceased or not to TERRY's house. That witness saw a mark or bruise on the deceased's right side, and on his right arm, before he died, and also after he was dead, though it appeared to look worse after he was dead, then before it. That the deceased was not able to turn himself on the bed, and when he was moved, it was done by those in attendance. That when witness saw his father at the shed, the deceased was speaking to another person and witness heard his voice, and JOHN COURT and witness listened to the deceased speaking. And the deceased did not appear to be very bad in liquor, though he was, or appeared to be, the worse of it, but not bad. And the deceased went to his bed, and slept till morning, and he the deceased got up early on Wednesday morning. Witness saw his father in bed on Tuesday evening or night. That witness has seen his father, the deceased, often on previous occasions much worse with liquor than he was on Wednesday night, when witness saw him at the shed.

 

That witness on Wednesday night went only as far into the village as the SHAKESPEAR INN (which is unoccupied) when he turned back with JOHN COURT, homewards. And witness depones (swears) that it was not much over a quarter of an hour from the time he saw his father, the deceased, at the shed, till the time when he found him, the deceased, lying on the road as before deponed to. That witness did not know that there were any bruises on his father's body previous to Wednesday night, and he says that the deceased did not complain of any hurt or bruise, or pain, on Tuesday last, or any day previously, or on Wednesday morning. And the deceased was, previously to Wednesday last, in his ordinary health. Witness lived in the same house with his father and mother and his brother JAMES, and continues to live in the same house, being on Lot 45, in the First Concession of North Easthope. That said house is his brother JAMES', at least is generally said to be so - (on question by JOHN STINSON, a Juror) Witness says that the deceased when at any time previously he had been the worse of liquor, was always able to get up in the morning, excepting once when he was rather bad from having got a fall on his head, and the deceased was able to walk home. Witness says that the deceased never appeared to be in the same way, as when witness found him on the road on any previous occasion after the deceased was drinking.

Signed,
JOHN PHELAN

 

 

 

RICHARD MCFADDEN, of the Village of Stratford in said District, Labourer, being sworn saith - That he was at the meeting at Mr. HICK'S TAVERN on Wednesday night last, when the Honourable Mr. CAYLEY was addressing those assembled. That on returning from it, and when opposite Mr. McCULLOCH's, JAMES WILLIAMSON, being with witness, he, this witness, met the deceased JOHN PHELAN (Senior) there. And he was going west towards the bridge. Witness says that JAMES WILLIAMSON then adjured the deceased to turn back and go home.

 

The deceased replied that he wanted to go after a bit, and the deceased walked on towards Mr. DALY's in the direction of the bridge. The deceased then appeared to be the worse of liquor, but witness has seen him often much worse. That the deceased was able to walk, and there was no person with him, the deceased. That the deceased had no coat on then - That witness saw the deceased about Five o'clock on the afternoon of Wednesday, and he appeared to be worse in liquor then, then when he saw him as deponed to opposite of Mr. McCULLOCH's store. That when JAMES WILLIAMSON and witness met the deceased, it was between Eight and Nine o'clock at night. That witness was out in the country that day, and when coming in the afternoon about Five o'clock he saw the deceased as before deponed to, and it was the first witness saw him that day. That witness and WILLIAMSON went on homewards, and witness went then into WILLIAMSON's house, and when there, he saw JAMES BROWN trying to persuade the deceased to go home. And this was at BROWN'S TAVERN, and was about or after Nine o'clock at night. That they, BROWN and the deceased came out and the deceased fell on the ground, or rather slipped down on the ground. That witness after this went down the road with his wife toward WILLIAM TERRY's to go to a field where he had a mare (female horse) so as to tie her to prevent her breaking fences. And on passing WILLIAM TERRY's he saw JOHN PHELAN, JR. and WILLIAM McDONALD standing at TERRY's, and Witness and his wife proceeding on, they found the deceased lying on the road. That the deceased was lying on his back across the road, and appeared as if he had fallen so. And deceased's hat was off his head, and the shoes of the deceased were off his feet. That witness left his wife with the deceased, and he (witness) walked back to TERRY's and told JOHN PHELAN, JR. that his father was on the road. And he, JOHN PHELAN, JR., appeared to know that the deceased (JOHN PHELAN, SR.) was down the road. That witness then returned to his wife then went after the mare, leaving the deceased, JOHN PHELAN, SR., on the road.

 

That witness (RICHARD McFADDEN) tried to lift the deceased up, but was not able. The deceased was breathing hard. That the space of time was about a quarter of an hour from the time when witness saw deceased at BROWN'S TAVERN and when he and his wife found him on the road. That witness on going down the road as deponed for his mare, after he left his own house, he met JAMES BROWN nearly opposite ROBERT MONTEITH's, coming down the road. But no communication took place as to the deceased. That when witness came back with his wife from the field, he found JOHN PHELAN, JR., JOHN COURT and JOHN HUNTER standing where deceased (JOHN PHELAN, SR.) was lying (on the road). And these three carried deceased into TERRY's house. And witness carried deceased's hat and shoes in. That the deceased was laid down on the floor of TERRY's house, in the bar-room. And witness and wife then returned home. That witness did not see, or hear the sound of, a wagon or any vehicle on the road when going down for his mare as deponed to, nor any horse or cattle. That it was witnesses impression that the deceased had fallen on the road on his back.

Signed,
RICHARD McFADDEN

 


 

 

JOHN PHELAN, JR., a witness previously examined, being sworn, saith: That witness formed an opinion last night and this morning that the deceased did not die altogether from the effect of liquor. And he formed his opinion from seeing the wound on the deceased's right side. And from having heard this morning that the deceased had been knocked down on the bridge at Stratford and kicked on Wednesday last. That witness (JOHN PHELAN, JR.) requested the Coroner this morning (Friday, August 27, 1847) to hold an inquest and investigate the cause of the deceased's death.

Signed,
JOHN PHELAN

 


HENRY SHARMAN, son of JOHN SHARMAN of the Village of Stratford, Blacksmith, being sworn, saith: That he is thirteen years of age. That witness saw the deceased standing on the platform at Mr. HICK'S TAVERN, about between Seven and Eight o'clock on Wednesday morning last (Wednesday, August 25, 1847). That the deceased (JOHN PHELAN, SR.) did not appear then to be the worse of liquor. That the next time Witness saw the deceased was about one o'clock in the afternoon of the same day. And he (JOHN PHELAN, SR.) was going down the hill towards the Bridge on the west side, and he went into WILLIAM PINDOR's. That the deceased had no coat on, but he carried a coat on his arm, when he went into PINDOR's. And not stopping there long, he came out and went towards the bridge, having the coat on his arm, and stooping down for a stick that was on the side of the road, the deceased (JOHN PHELAN, SR.) fell down on his knees, and he picked the stick up. The deceased then lay down on his back, and afterwards got up, and went slowly onto the bridge. And a man at this time came running down the hill, and went before the deceased, and this man drew his hand and struck the deceased on the side of the head and knocked the deceased down, and this man then pulled the coat from the deceased. That he (the man) kicked the deceased when the deceased was down about (as appeared to the witness) the head (of JOHN PHELAN SR.). That witness saw only one kick given. That the deceased laid there about ten minutes, and appeared to move but slightly. That witness was standing a little off from his father's house (JOHN SHARMAN), and was distant from where the deceased was, about as far from witness' father's house to Mr. REID's. That the man who took the coat went up the hill to Mr. HICK'S STABLE.

 

That witness was informed that the man was the Honourable Mr. CAYLEY's teamster. That witness saw the man driving a light wagon or buggy with a gentleman in it, (before the man's attack on the deceased) on the week before he so saw him, and witness saw the man driving the buggy with the gentleman in it, the evening of Wednesday last (August 25, 1847) after the meeting. That the witness saw the deceased going towards Mr. HICK'S TAVERN about Seven o'clock at night on Wednesday last, after the meeting had begun. That ROBERT LINTON (a son of the Coroner, JOHN LINTON) was standing with witness when he saw the deceased knocked down. That witness heard the man referred to, say that the coat was his, and that he would not loose (sell) it for twenty dollars and the man carried the coat with him and said also that it was a present from a gentleman. And the man said besides, that if the deceased had not been drunk, he (the man) would have kicked him, the deceased, a good deal. The witness said to the man that if the deceased was not drunk he would not have taken the coat, as he the deceased, witness thought, had one like it himself (JOHN PHELAN SR.' s coat). That the deceased was the worse of liquor each of the times witness saw the deceased at One and Seven o'clock P.M. as deponed to.

Signed,
HENRY SHARMAN

 

 

 

 ROBERT BLAIR LINTON, son of JOHN J. E. LINTON, the Coroner, Stratford being only above ten years of age, not sworn. Witness was standing with HENRY SHARMAN on Wednesday last about One o'clock near Mr. SHARMAN's house, and he saw a man run down towards the bridge and go up to the deceased and strike him with his fist and knock the deceased down. That the deceased did not appear to move when he fell. That the man pulled a coat from deceased, and also tried to take a stick from him but could not. That it was One o'clock witness knows, as he looked at the clock before he left home and it was that hour. Witness did not see the man kick the deceased. That the man went up the hill towards Mr. HICK'S STABLE, and go in to the stable. That when witness saw the deceased first at the bridge, he (the deceased) was lying on his back, and then he got up and went on near as far as the big post, when the man came and knocked him down. That the man was a stranger, witness having only seen him the week before at Mr. SHARMAN's shop getting a horse shod. That witness would know the man again.

Signed,
ROBERT B. LINTON

 


DONALD McGREGOR of the Village of Stratford, Clerk, being sworn, saith: That as witness on Wednesday last, about half past one o'clock, was going to his dinner above the store kept by his brothers, and while sitting at the table he looked through the window, and saw the deceased at the bridge, on the west side, lying down and another person standing by, close beside deceased, who pulled a coat from deceased. That the person drew his foot and appeared as if he had kicked the deceased while the latter (JOHN PHELAN, SR.) was lying down. That witness was looking through the glass of the window, and being at some little distance, witness could not see so plain. That witness saw the deceased about half an hour before that, at witness' brother's store (McGREGOR'S STORE). And he (JOHN PHELAN, SR.) appeared the worse of liquor then. That the said person ran up the hill with the coat and put it into a light wagon or buggy, opposite Mr. HICK's. And then the person went towards the stable. That the man who drove the Honourable Mr. CAYLEY's light wagon, resembled the person very much that he saw taking the coat from the deceased. And witness cannot depone to anything more, for it was at a distance when he saw the person first and it was at night, though the moon was shining, when he saw the man who drove Mr. CAYLEY, and then the Honourable Mr. CAYLEY and another gentleman was in a light buggy, and the man drove it.

Signed,
DONALD McGREGOR

 


JAMES BROWN, a witness previously examined, and being already sworn, saith: That the name of the teamster (horse and buggy driver) who drove the light wagon with the Honourable Mr. CAYLEY, is DUFFIE (or DUFFY), and witness thinks that he is hired (works for) Mr. MATTHEWS of Hamilton who keeps Livery Stables. That witness has heard his name to be "JOHN DUFFIE". That witness knows DUFFIE, for he went up the road in a light buggy with witness for a sheep, on the forenoon of Wednesday last and he told witness that his name was DUFFIE. That witness did not see DUFFIE after that.

Signed,
JAMES BROWN

 


PATRICK CAMPBELL, Stage Driver, in the Village of Stratford, being sworn saith: That he drives the stage between Stratford and Mitchell. That he knows the teamster who drove the Honourable Mr. CAYLEY up to Goderich. Witness has known him better than two years. Witness saw him last Wednesday. That his name is JOHN DUFFIE. That witness saw DUFFIE standing at Mr. HICK's when witness came in at mid-day with the mail last Wednesday, and witness driving on to where the mail stops, at BROWN'S TAVERN, he took dinner. And afterwards about Three or Four o'clock in the afternoon, he saw DUFFIE at Mr. HICK's stable. And there he, DUFFIE, told witness that a man had taken away his coat, and that he overtook the man (JOHN PHELAN, SR.) at the bridge and took it from him. That witness and DUFFIE after this conversation went over to Mr. THOMAS DALY'S STORE, and when both sitting in the store, the deceased (JOHN PHELAN, SR.) came in. And DUFFIE pointed him, the deceased, out as the man from whom he took the coat. That witness knew the deceased by sight was not acquainted with him.

Signed,
PATRICK CAMPBELL

 

 

 

 DR. ROBERT MOORE, of the Village of Stratford, Surgeon and Physician, being sworn saith: That he was called yesterday morning (Thursday, August 26, 1847) to attend the deceased. And he attended him till he died, which was about Two o'clock this morning (2:00 A.M. Friday, August 27, 1847). That witness saw the deceased twice on Wednesday (August 25, 1847) last and heard his voice at another time in Mr. HICK'S TAVERN about or after Eight o'clock at night. That portions of the evidence given by the preceding witness JAMES BROWN, JOHN PHELAN, JR., and Mr. McFADDEN, describing the taking for accompanying the deceased down the road by BROWN and the finding of the deceased lying on the road, being read to witness, and being asked the question whether he could give a proper and legal opinion as to the cause of the deceased's death, without an examination surgically of the body of the deceased, witness depones that he could not give a proper opinion without such an examination.

Signed,
ROBERT MOORE, M.D.

 


 

 NO. 45, 1st Concession, North Easthope, 27th August 1847, 9:00 P.M., (Friday). The Inquest adjourned to meet at BROWN'S TAVERN, Stratford on the 28th, (Saturday) of August 1847 at 12:00 Noon.

............... Stratford, Brown's Tavern, 28th August 1847 (Saturday) ...............

Dr. ROBERT MOORE, of the Village of Stratford, a witness previously examined and being already sworn, saith: That he had examined the body of the deceased JOHN PHELAN SENIOR surgically. That witness was called upon about Eight o'clock on Thursday morning (August 26, 1847) to attend the deceased. That deceased then lay in Mr. TERRY's house in an intense description of sleep, on his back. That he had a diminution or entire loss of all animal faculties. His pulse now slow and full, face livid and flushed, and also swollen. The lips particularly swollen and blowing frequently from the lips and nostrils, the air forced them open, and their elasticity brought them back again, so that deceased's lips more were constantly moving together with the _____. The pupils of the eyes were _____ , eyes ____ and cloudy. Cornea ___ ____ ___ on face all a livid tinge. There was a difficulty swallowing, which increased to his death. The head of deceased was warm, his extremities cold. That the deceased was shortly after removed to his son's house (JAMES PHELAN) in North Easthope. During the time that the deceased was lying on his back, in Mr. TERRY's house a quantity of fluid was vomited which appeared to be beer or whiskey. Witness followed the deceased to his son's (JAMES) house, and witness attended most of the time on the deceased, till his death. Witness applied such remedies as he thought best, to the extremities and to the head. About the middle of the day Thursday (August 26, 1847), heat was restored to the extremities, _____ ent of the symptoms of stupor as before described. The latter (the stupor) increased during the evening, as also the symptoms of compression of the brain. Witness opened the _____ artery of the right side of the head of deceased. Witness was shown during Thursday night (August 26, 1847), and before deceased died, an injury on the right side of the body from the fourth rib. Apparently contusion of the skin and which witness thought at the time of no consequence. The deceased died at Two o'clock yesterday morning (2:00 A.M. August 27, 1847, Friday), as previously stated by the witness. Witness having been required (witness examination stopped on account of certain circumstances detailed to the jury foreman) and Inquest adjourned.

Signed,
ROBERT MOORE, M.D.

 


BROWN'S TAVERN, Stratford, 6:00 P.M., August 28, 1847

DR. ROBERT MOORE, ... That having been examined and already sworn, saith: That the deceased, after being removed to his son's (JAMES PHELAN) house, his tongue was found with whitish hue and cold clammy sweats attended the last stages of deceased's illness. That last night (Friday, August 27, 1847), witness examined the body of deceased outwardly and found a wound or injury rather to the centre and inner part of the right arm. The cuticle (skin) was removed. There was also another injury on to the right side opposite the fourth rib, presenting the appearance of the circumference of the heel of a shoe or boot. There was also a discolouration of the lower part of the right side of the neck, which extends from the junction of ____ bone and collar bone to the point of the shoulder. And to a point ____ the lower part of the neck under the ear. That the piece of paper now presented by witness (and attached to the margin ____) marked No. 1, is the size exactly of the wound or injury on the right side, the witness referring to the outer edge or margin and said paper for size of said injury, and the paper marked No. 2 presented by the witness is the size of the detached skin on the arm of deceased. And the paper marked No. 2 is attached to the margin herein.

 

The remainder of detached cuticle (skin) formed an irregular edge of the outer circumference of the injury on the arm. There was also the purple discolourations usually attendant on the bodies of those who died suddenly. Witness depones that on examining the head, he perceived no injuries to the head, except the injury on the right temple occasioned by the witness (DR. MOORE) opening the head with the lancet. Witness opened the head and there was no fracture on the bony parts of the skull. The arteries on the surface of the brain were turgid, preternatural adhesions of the brain, particularly adhesion of the brain to the tentorium. A large quantity of bloody serum in the ventricles of the brain, some under cerebellum, or lower brain. The pia matter and serous membrane of the cerebrum and the cerebellum, thickened and in places varicose. The right lobe of the cerebellum very much inflamed. The pinusls very full of blood. The brain very firm in texture. There was no ruptured blood vessels on the brain. The quantity of serous fluid in the ventricles was very great in the deceased's (JOHN PHELAN, SR.) head. As to the body of deceased, the next the witness examined was the chest. There was no fracture of the ribs, or other bony parts, which witness examined. There was a slight adhesion of pleura to the lungs of the right side. This was the only unnatural appearance on the right side. The lungs of the left side adhered to the pleura through their whole extent. The middle lobe of the left lung was firmer in texture and more injected with purplish fluid than any other part of the lungs. The blood vessels leading from the heart appeared healthy. Some effusion of serum into both sides of the chest existed, but not a great extent. The adhesions of the lungs on either side were not to appearance recent. The only apparently recent diseased appearance was the middle lobe of the left lung, as above described (on questions still by Coroner). Vomiting is one of the sings of concussion of the brain, and might follow, and does follow, after witness exponed.

 

Witness (DR. ROBERT MOORE), spoke to the deceased about Nine o'clock at night on Wednesday, at the corner of SHAKESPEAR INN (which is unoccupied) and the deceased spoke to witness (DR. MOORE) then in quite a sensible state. The deceased knew witness at some little distance as he called on witness who was a little distance from him. Witness depones, on the question being specifically put, that in his opinion the deceased (JOHN PHELAN, SR.) died from apoplexy, and this opinion is formed from all the circumstances narrated by him in his testimony. The form or "make" of the body of the deceased, predisposed the deceased to apoplexy. The deceased (JOHN PHELAN, SR.) had a large head, thick and short neck, large an corpulent body and extremities. The disposition to fall or stumble often precedes an attack of apoplexy, as occurred in the deceased's case. Attacks of apoplexy are often followed by the loss of power more or less of the body or members. And the loss of power occurred with deceased in a previous attack of which he told (DR. MOORE) witness, which might be the same kind as present, but the witness did not see it. And this affection was in one of his arms. The memory of the deceased in said previous attack was rather bad. A person who has had an attack of fullness or congestion is more liable to take another (attack). Intemperate habits predispose of such attacks in those of the same form of body as deceased. The diseased state of the left lung might predispose to such an attack, by the retarding of blood from the heart (on question from a juror). The injury on the right side and right arm of the deceased did not cause the death of the deceased. The injury on the right side and arm of the deceased was not of such a serious nature as to cause the death of the deceased.

Signed,
ROBERT MOORE, M.D.

 


Mrs. ANN PINDER, wife of WILLIAM PINDOR, of said Village of Stratford, farmer and storekeeper, being sworn saith: That in the after part of the day on Wednesday last (August 25, 1847), witness saw the deceased (JOHN PHELAN, SR.) lying at or on the bridge. And shortly after, he came in to witness' store and witness asked who it was that knocked him down, and deceased said feebly that he did not know. On witness asking if he was hurt, the deceased gave no answer but walked out of the store. Witness' little boy had been playing and saw the deceased lying as before described.

Signed,
ANN PINDOR


 

GEORGE WYATT, of said Village of Stratford, clerk, being sworn, saith: That he saw the deceased, JOHN PHELAN, SR. several times on Wednesday last (August 25, 1847). And he saw the deceased fall on more occasions and times than one. On that day he saw the deceased (JOHN PHELAN, SR.) fall on the rails of the bridge, on his, the deceased's, left side. That the deceased was coming east at the time towards Mr. McCULLOCH's STORE. Witness did not see the deceased after that, that night. When witness saw the deceased in the after part of said Wednesday, he (deceased) was the worse of liquor. And he was so at the last time he saw him, as above deponed to. The deceased then appeared to be in the same state as when witness saw him in the afternoon. He was able to walk and appeared as sensible as he had seen him previously on that day. The side of the bridge rail the deceased fell on was the side of the bridge next to the Mill. And witness was going west, and the deceased was going in an easterly direction, and the left side of the deceased was towards the said rail. Witness was distant from deceased, not quite thirty feet, when he saw him (JOHN PHELAN, SR.) fall on the rail.

Signed,
GEORGE WYATT


 

All the above written information written on this and the twenty-five preceding pages were severally taken and acknowledged on the days and in the year and at the places first and second mentioned before.

JOHN J. E. LINTON, Coroner

End