LEVI LEWIS SWAYZE

SUDDEN DEATH OF LEVI L. SWAYZE

Coroner’s Inquest-Death-From Apoplexy

[Welland Tribune, 27 May 1898]

Levi L. Swayze, one of the oldest residents of the county of Welland, was found dead in his bed on Sunday morning last, at his residence near the Beaverdams, Thorold township. Although deceased was able to be around, and in fact on the day before his death had been to St. Catharines with a load of produce, he had not been well of late, and his extreme age of 83 years had rendered his death not to be unexpected at any time. Unfortunately, the deceased had of late talked a good deal about family troubles. Whether these were altogether the vagaries of a second childhood or had some foundation in fact we cannot say, but the result in view of his sudden death was that an inquest was deemed advisable, if not in the interests of justice, at least to clear certain persons from unfounded imputations and suspicion that otherwise might crop up.

THE INQUEST

Coroner Cumines was therefore notified and after consultation with the county attorney and inquest was held on Tuesday, at residence of deceased, with the following jurors: J.N. Pitts, foreman; Samuel Page, Jonathan L. Page, Albert Learn, John McDonald, Thomas Smylie, Warren Moore, Nicholas Ecker, Charles Clarke, Wm. Jenter, Thomas A. Clarke, Peter H. Damude, Harmon Clark, Edward Harman, R.W. Moore, Albert Merithew, F.M. Page.

Dr. Emmett’s preliminary evidence was of course indefinite. He had been called on the finding of deceased dead in bed on Sunday morning. Rigor mortis had become fully established, shewing deceased died some hours previous, probably in the night. There had been no vomiting, and appearance and position of body indicated death from apoplexy, but this could only be definitely ascertained by a post mortem examination.

A post mortem examination was accordingly ordered to be held, the following evidence being taken in the meantime, which will shew why an inquest had been considered necessary.

Leslie V. Garner, sworn, saith “I am a constable and reside at Welland. A week ago yesterday (Monday) or Tuesday, the 16 inst., Mr. Levi Swayze, the deceased, in company with John Law, called upon me in Welland and Mr. Swayze asked me if I would come down to his place. I asked what he wanted me to come down for. He told me he had some trouble with this daughter that lives with him and that she was concealing his personal property away from him so that he could not get at it and that his solicitor (Mr. German) had told him to take an officer to his home and have the officer demand of his daughter his valuables and his papers, that she had concealed, and that if she would not give them up he was to enter into the room and take them away from her; also in company of Mr. Law I was to take a valuation of his personal and real property, and he would give me a power of attorney to dispose of it as soon as I could by auction. He said his reasons for doing so were that he had trouble with his daughter, and she would not give him the necessary victuals nor would not cook for him; also when he went to go in the room that she had locked she hit with a club. I was to come down a week from that day, that would be yesterday, the 23^rd, and when I came down he would show me the club she hit him with. He said he was afraid to live with her; most of the conversation was in the presence of Mr. Law. This conversation took place in front of Mr. German’s office.

Mr. Swayze told me he was eighty-three years old; he seemed very smart.

John Laws, sworn, saith “I am a farmer; reside in Thorold township. Miss Swayze sent word to me that her father was dead. A soon as I came home, I came over, about six o’clock in the evening of last Sunday, and I asked about the death of her father. She said she got her breakfast; she did not call him; she looked into the room and thought he was sleeping, so she would leave him. About the time to get dinner she called him three times and he made no answer and she went in the room and shook his head. Then she thought there was something wrong and she went to the other side of the bed and found he was dead and cold. She said she thought it was about 1 o’clock in the afternoon. It was shortly after one she sent for me. I was at Mr. German’s office with Mr. Swayze.

That was on Tuesday of last week, the 17^th inst., He was to employ Mr. Garner to come out and and take possession of his property. I have heard Mr. Garner’s evidence read and it is correct. I was working the place for Mr. Swayze. Several times Mr. Swayze came over and complained of her, and wanted me to go to Welland with him, as the way things were going he could not stand it, as his daughter was locking things away from him. I have heard his daughter scolding him. I have heard loud talking whilst passing by, and it seemed like jangling. I did not want to hear the conversation. Both Mr. Swayze and his daughter said they did not along well together.

Benjamin Seborn, sworn, saith; I am a farmer, reside in Thorold township, adjoining lot west of Mr. Swayze’s. I saw Mr. Swayze last Saturday, 21^st, at St. Catharines market. He was in apparently good health. I have known Mr. Swayze a long time. He told me he had not been used well, both by his wife and his daughter, Jessie. He complained since his wife’s death he not been treated well. Mr. Swayze said, “if anything happened to me, come over.” I lent Mr. Swayze a little money; he said he wanted it in anytime of a course of a week; he got his money and gave his note, and he was going to pay the undertaker (he got $150)-that was three or four weeks ago. I heard of Mr. Swayze’s death when I was in Welland. The money I gave Mr. Sawyze was large bills, $5 and $10; there might have been some small bills among them. Mr. Swayze stated to me that his wife  and daughter had given him poison on a piece of beef, and they said if he can stand that he can stand anything (that was after he had eaten it); he did not say when it was he volunteered the statement. He said everything is in my name and I am going to keep it. The meat made him throw up.

Nelson Theal: I am a farmer. I reside in Grantham. I was here last Saturday evening about five o’clock. Mr. Swayze was then quite smart. He complained that he was not feeling very well. Had a pain commencing on the right side of his chest; he went to barn with me and helped me with some oats I bought from him; then he came back and I talked with him for a few minutes and I went home. I did not pay him then for the oats. I have heard him complain of not being well treated by his daughter.

Dr. Emmett recalled: I opened the skull of the deceased and took out the brain, found a large quantity of blood in the right side of the brain, caused from the rupture of a blood vessel; in my estimation this was the cause of death. That would mean death from apoplexy.

The jury accordingly brought in a verdict that Levi Swayze came to his death by apoplexy caused by the bursting of a blood vessel in the brain.

Deceased was a descendent of an old U.E. Loyalist family; his grandfather, Israel Swayze, one of the pioneer settlers of this section, having come from the United States about the close of the Revolutionary war, and settling on 400 acres of land granted to him, for his attachment to the British crown. In early life he took an active part in militia affairs, and was a prominent resident of the county generally. His wife died a few weeks ago; his daughter and three sons survive.