Individual Details

Military

Served 21 years, 85 days in 37th Regiment of Foot, including 2 years 4
months in America. Discharged 20 June 1845, aged given as 39 years 2
months. This age is probably incorrect - he probably falsified his age
to enlist.

Military

Served with Royal New Zealand Fencibles. Regimental No. 325.

Emigration

Arrived in Howick aboard "Sir George Seymour" on 16 December 1847.
The ship, captained by Thomas W MILLMAN, commenced embarkation at Tilbury on Sunday 8 August 1847 through to Tuesday 10 August 1847. On board was the 4th Detatchment of Fencibles under Major J GRAY. On board were 77 pensioners (fencibles), 58 women, and 109 children. They left Gravesend, England on Thursday 12 August 1847 on the 130 days voyage around the Cape of Good Hope. The ship arrived in Auckland on
27 November 1847.
James COLEMOSS was accompanied by his wife Mary MOORFOOT, and children, Anne, Mary, Jane, and Susannah.

Residence

Had 1 acre at the Howick Village.

Baptism

At Howick Catholic Church. He had formerly been baptised into the
Church of England, but later renounced this baptism.

BAPTISM AND RECANTATION
On the 24 December 1849 before me, Antoine Marie GARIN, M.A., Priest
of Howick, stood Emelia FINLAY, aged 33 years and Mary COALMOSS aged
37 years, and James COALMOSS aged 40 years, who having acknowledged
that the Catholic Apostolic and Roman Church is the true Church of
God, the only heir of the promise and authority of that Divine Saviour
of their own free will and without any Compulsion but on the only
purpose of saving their own souls have begged with earnestness to be
received among the Children of the mentioned Church and have abjured
the heresy of the Church of England of which I have absolved them
after having given them the baptism under condition with due
authorization of the Church of Howick according to the form required
by Ritual in virtue of the power given to me for the purpose by the
Bishop VIARD in the presence of Patrick EVERS and of Florence DRISCOLL
and Elizabeth DRISCOLL who stood, Patrick EVERS for Emelia FINLAY and
Florence and Elizabeth DRISCOLL for Mary and James COALMOSS on the
deay 24th December 1849

Signed A. M. GARIN, Parish Priest and Patrick EVERS.

Death

At Auckland Provincial Hospital.
Cause of Death: Peritonitis following the perforation of an ulcer.
"James, well known as James COLE, an old Howick pensioner was attacked by his son-in-law (Henry BUSHELL) over a domestic dispute and died shortly after in hospital although of natural causes. He had been living in reduced circumstances."

Obituary

BRUTAL OUTRAGE AND DEATH OF AN OLD MAN
It is with much regret that we have to report an event of this
description which occured on Saturday last in Auckland. The
unfortunate victim is an old Howick pensioner well-known to old
colonists, named James COLE. It appears that the deceased has lately
been in very reduced circumstances, so much indeed that he was unable
to procure a night's lodging, and was compelled to lie down under the
verandah of Asher's Buildings, Graham Street; and having by some means
or other, procured a blanket he coiled himself up in it and went to
sleep at about 6 o'clock. In about an hour afterwards his son-in-law,
Henry BUSHELL, a bushman living up country, perciving COLE, attacked
him in the most savage manner, striking him about the face and kicking
him about the abdomen, and leaving him insensible. Mr RHYMES, the
occupant of the house, hearing the disturbance came to the rescue, but
unfortunately, not before the scoundrel had decamped. COLE was at once
taken in doors, and the attendance of Dr HOOPER procured, who did all
he could for him. Early on Saturday morning, COLE, being apparently
seriously injured, information was sent to the Commissioner of Police,
who directed Constable REILLY to enquire in to the matter. The
constable on arrival found COLE very much hurt and shaken, and Dr
HOOPER being of the opinion that he should be removed to the hospital,
he was conveyed to that place without loss of time. BUSHELL was
apprehended by warrant on the Queen Street Wharf, about 9 o'clock, and
upon being warned in the usual manner, stated he had committed the
assult upon COLE in consequence of some real or imaginary injury COLE
had done to his wife, who, as we before stated, is a daughter of the
deceased. We are very sorry to inform our readers that COLE died from
the injuries received in about an hour after arriving at the hospital.

Death Inquest

INQUEST INTO THE DEATH OF JAMES COLE (MOSS)
An inquest was held yesterday morning before Dr STRATFORD ath the
Provincial Hospital, at half-past eleven o'clock, on the body of James
COLE, an old pensioner who died in the hospital from injuries received
on the same evening.
The following gentlemen were sworn as a Jury:
Foreman: William WOOD; Jurors: Joseph FRANKLYN; F. GALLAGHER; J
CAMPBELL; George CODD; John COLDICUT; H.W. STEVENS; Alfred REID;
William LAWLER; Charles SAUNDERS; J.F. SMITH; Solomon REID; and Adam
BRANEY.
After the jury had viewed the body, the following evidence was taken.

Joseph REILLY being sworn saith that - I am a constable in the Armed
Police Force. From the information received last Saturday morning, I
proceeded to Asher's Buildings in Graham Street. I found the deceased
lying on a bed. His name is James COLE. I have known him for fourteen
or fifteen years and he always went by the name of James COLE. He was
a pensioner residing at Howick. I asked him if he would be able to
walk to the hospital. He replied "No" and feared he would never walk
again. He aoppeared much injured. I saw that his face had been sadly
bruised, both his eyes being black. I then left the deceased, and
proceded to Dr HOOPER's house. I asked Dr HOOPER if he thought it
would be advisable to have him removed to the hospital. He replied "By
all means." I went down Queen Street, and employed a four-wheeled car,
and had him removed to the hospital under the care or Constable
CALDWELL. The bed deceased was lying on was inside the house under the
verandah of which he had previously been sleeping.
(Signed: Joseph REILLY)

Robert JACK being sworn saith that - I am a blacksmith residing in
Graham Street. On Friday night, about 9 o'clock, I heard a noise in
the Court, and went out accompanied by a lodger, whose name is James
ROBERTSON. I saw Mrs ASHER. I am a blacksmith, residing in an
adjoining Asher's Buildings, Graham Street. Between nine and ten
o'clock on Friday evening I was awakened by my wife who said "There is
someone who will murder that old man." I went into the court. I saw a
man sitting under the verandah. The deceased is the same man. A man
was punching him with both hands and feet. I can not identify the man
who was assulting COLE, as it was so dark. I and my wife then took the
deceased into the house, and he said it was his son-in-law who had
done it. His face was muched bruised, and he complained much of his
body, but I did not examine him. I do not know the names of the
persons who took in the man who was beating COLE. The deceased was
sober.
(Signed: Robert JACK)

Sameul RHYMES being sworn saith that - I had gone to bed between nine
and ten o'clock on Friday night last, when someone knocked at the
door. I asked who was there and someone said "Harry." I said, "What
Harry?" He answered "Harry BUSHELL, won't you get up and let me in?" I
got up and struck a light and went to the door in my shirt. He asked
me if old COLE was there. COLE said, "Here I am. What do you want?"
BUSHELL said "Oh, there you are, are you?" I saw BUSHELL go up to COLE
and lay hold of the blanket which COLE had around him, and throw it to
one side. I saw him lean over the deceased and saw BUSHELL make
motions as if he were striking COLE but it was too dark for me to see
distinctly whether he hit him or not. I went in and put on my
trousers. I went out again and caught BUSHELL by the shirt to prevent
him from striking COLE. BUSHELL said "No one shall stop me; he has
called me a ..... theif." I then with the assistance of a man called
MULLINER, brought in BUSHELL and locked him in until COLE gor out of
the way. MULLINER then asked him if he would go home. When I was
putting on my trousers I heard COLE call out "Murder." The person now
produced was the man who was assulting COLE.
In answer to a question by Mr BEVERIDGE - I knew COLE very well. About
a month ago I was living with COLE. He said he was dying, but as I
thought he wanted grog I took no notice of him. He had been in the
habit of drinking freely. I never heard him complain of want of food.
I said nothing to BUSHELL in all the time he was in my house.
(Signed: Samuel RHYMES)

Robert Elliot FISHER being sworn waith that - I am a licentiate of the
Royal College of Edinburgh and house surgeon in the Provincial
Hospital, Auckland. About half past eleven on Saturday Morning, April
29th, one of the nurses came to me saying "That the policemen were
waiting outside with a patient in a car." On going out I observed an
old man. He supported himself in a sitting posture and appeared to be
in great pain. Both sides of his head were covered with contusions and
blackened. I asked his name but I could not make out what he said; he
had so much difficulty in speaking. I also asked him who had been
beating him, and I understodd him to say it was his son-in-law. He was
carried in and laid on a bed in the hospital. I examined his pulse
which was extremely rapid and weal. I gave hime some wine which was at
hand, and which he swallowed. I asked him where he had pain but he was
not able to answer. I asked him to place his hand over where he had
the pain, when he brought his hand down over his abdomen. He pecame
perfectlt insensible and expired in about twenty minutes after his
admission. In addition to the marks above-mentioned I observed
contusions blackening under the left collar-bone. On opening his
abdomen, I found intense peritonitis (which is inflamation of the
membrane which covers the intestines with extravasation of the
contents of the bowels). This I believe to be the cause of the
extravasation. I will swear this was not the result of a kick or a
blow. The contents of the bowel were dysentric, and the ulcer was
caused by dysentry. The heart and all the rest of the viscera were
healthy except for the lungs on which was some old adhesion on the
Pleura. I believe that death was caused by the ulcer of the bowels. It
is not impossible that if deceased was kicked in the abdomen that that
would accelerate extravasation by opening the ulcer.
In answer to a question by Mr WESTON - I have no reason to believe
that there was any blow on the abdomen. There may have been no
external mark but a blow might have been given on the abdomen without
leaving a mark.
(Signed: Robert Elliot FISHER)

John Henry HOOPER M.R.C.S being sworn saith that - On Saturday morning
I was called between 7 and 8 o'clock, by a constable, to see a man
that he said was severely injured, and who was thought to be in a
dying state. I accompanied him to Asher's Court, Graham St. I found
the deceased lying on the floor. He was groaning as if in great pain.
He complained most of his belly. He had two black eyes. He was cold
and depressed. His pulse was feeble. I had him laid on a bed that I
might examine him more carefully. I could find not contusions over the
abdomen, but there seemed great tenderness in pressing it. He was
evidently troubled with dysentery. I suggested to the person in the
house that his bowels should be fomented with hot flannels. Constable
REILLY came to my house and asked if he might be sent to the hospital,
to which I consented, and he was sent accordingly. I saw the
post-mortem examination of James COLE with Drs PHILSON and FISHER, and
can corroborate Dr FISHER's evidence. I believe that the cause of
death was extravasation of the contents of the bowels caused by a
perforating ulceration.
(Signed: John Henry HOOPER)

Robert Elliot FISHER recalled, and said - I have opened the head and
found an unusual quantity of serum on the ventricles. The rest of the
brain and membranes were perfectly healthy. There was a contusion at
the corner of the right eye and a small quantity of extravasation of
blood under the skin but no fracture of any bone whatever. I saw
nothing in the appearance of the head to cause death. Dr PHILSON
co-incided with me in my opinion of the cause of death he having been
present at the post-mortem examination.

Mr BEVERIDGE and Mr WESTON who both appeared on behalf of Henry
BUSHELL, the son-in-law of the deceased, made some lengthly remarks,
dwelling on the evidence of the medical gentlemen, which tended to
shew that the deceased came to his death from an ulcer in the stomach.

The Jury, after consulting for about half-an-hour, returned the
following verdict - "That James COLE died from natural causes but fear
that his death was hastened by the ill-treatment of his son-in-law,
Henry BUSHELL."