As the surgeon opened his kidney there was a strong smell of rum, and death was concluded as acute alcohol poisoning. The detectives then arrested the barman 18 years old Tommy Barkel, the blacksmith Tommy Christal and the doctor William Biggam.
All three were shocked but it was Christal who went pale and sobbed Christ, how can they say we killed him' It was noted by the Echo that: The intimation that three arrests had been made in connection with the rum drinking fatality caused considerable stir in the town and, in all places where people congregated it was the principal topic of conversation. Monday morning the inquest opened in the Clarendon Hotel, in High Street East. Mr Maynard the coroner heard the story of what had happened, but the witnesses couldn't remember who had made the challenges or paid for the drinks.
Mr Maynard adjourned the inquest after complaining the no all the truth was being told as he said Let us have full daylight on this matter. Mr Maynard's verdict of death was recorded as acute alcoholic poisoning from doses of rum incautiously and thoughtlessly supplied by others in the bar of the Salem Hotel.
The three accused appeared at Durham Assizes on 24th November, charged with causing McDonald Dumon's death. After two days the barristers began their closing speeches, prosecutor Mr Coutts Trotter claimed: The accused were engaged in a brutal, wanton sport with this wretched man. They wanted to gratify their desire to test what quantity of poison he could consume, it would be a misnomer to call this drink. Literally and in fact, in the quantities it was taken, it was just as much a narcotic poison as opium. The defence barrister, Mr E. Bell however told the jury: The deceased was only a too willing party to this transaction, he was a man with a strong craving for drink and required little or no inducement.
However foolish and indiscreet their actions were, I hope you will agree the prisoners have suffered enough. The Lord Chief Justice Alverstone in his summing up told the jury their verdict should be based on whether or not the victim was in a position to exercise his own free will. The jury returned after a short time with a verdict of Not guilty! The three prisoners walked free with the sound of cheers from their friends and family in the public gallery. The coroner Mr Maynard told the Echo: Whether or not anyone is culpable for this man's death by drinking, it is certainly time these performances were put to a stop.
