THIS DAY.

Auckland Star, Volume IV, Issue 884, 7 January 1873, Page 2

THIS DAY.

His Honor the Chief Justice took his seat at ten o'clock. The Jury were then ernpannelled. Edward McAdam was arraigned and charged with the manslaughter of John Eyton, of Kopuru, on the 22nd day of November last. Mr Brookfield prosecuted ; the prisoner was undefended.

Mary Eyton deposed that she was> the widow of John Eyton, of Kopuru, and that she remembered the 22nd of November, and on that day her husband accused McAdam of bnrnin" down a certain whare belonging to a man named Empson. McAdam said he did not do it. Eyton said he did, and ought to have been ashamed of the act, as a man was sleeping in the whare at the time. McAdam then swore he would shoot Eyton with a gun -which -was lying in the whare, and took hold of the gun. Empson was in-the whare drunk, and witness went into the whare with her husband and took out Mr Empson. Witness and her husband put the fire out with several buckets of water, after which there was a struggle between prisoner and the deceased for the possession of the gun ; this took place outside the whare. McAdam, gaining the gun, stepped back a distance, and gave Eyton several severe blows with the bai-rel, holding the gun with both hands. Witness' husband then put his hand to his side, and said "I am murdered," and fell to the ground ; these were tlie last words he uttered. Witness then sent for Mr Passel. Her husband died in half-an-hour after the prisoner struck the blow. The pi-isoner asked witness if her husband did not take up the gun first and make two attacks upon him ? Witness denied that her husband made any attack upon McAdam ; her husband never had the gun really in his possession. The prisoner and deceased had always been on good terms. She was certain her husband, while struggling with the gun, never used any threat towards the accused, but immediately after Eyton let go the gun the fatal blows were struck.

George Eyton, aged 10, having been examined as to the nature of an oath, proceeded to state that he was the son of John Eyton, and remembered the death of his father on the 22nd November, and Mr Empson's whare being on fire. He saw his father drag Empson out and take the water to put out the fire. Witness then described the altercation which took place between his father and McAdam, and the subsequent struggle with the gun hi the direction of Passel's whare.

To His Honor : When he saAV the struggle he did not follow them up.

John Passel, gum digger, deposed that he Avitnessed a rjart of the struggle on the day in question he heard the blow, and left his Avhare in about five minutes after. Mrs Eyton then called to him to help to raise her husband from the ground, about midway betAveen the tAvo Avhares. Eyton was then insensible. While in Eyton's Avhare McAdam came in and said he Avas sorry for what had happened, but he could not alloAv Eyton to take a loaded gun from him, particularly as Eyton was in liquor. He (McAdam) stated further that he had just given Eyton a tap. Witness's Avhare Avas thirty yards from the spot Avdiere the blow was given. Eyton Avas decidedly the worse for liquor, but McAdam Avas perfectly sober.

To the prisoner : He could not tell who struck the first blow; he believed that Eyton Avas a quarrelsome man when under the influence of drink.

John Scott Bestick, a qualified medical practitioner, made a post-mortem examination on the body of deceased, and found the liver ruptured, Avhich caused an overflow of blood in the stomach. The blow from the barrel of a gun would cause such a rupture, or even a lighter weapon. The body had no disease calculated to cause such rupture. Death would naturally result from such a bloAv in half-an-honr.

To the prisoner : He saw no external iigns of a blow on the body. Deceased Avas subject to heart disease.

Prisoner, iv addressing the jury, said that Eyton came up to the Avhare at the time of the fire, Avhile he was cooking some rashers of bacon, and accused him of setting fire to the whare, and that he Avould put him out of the camp if he Avould not go. He then called to his boy, and told him to bring an axe-handle, Avith Avhich he would split his (prisoner's) head ; and Avhile he Avas movinohis things he took hold of his gun to keep it from Eyton, who had made an attempt to take it. The struggle for the gun then took place, Avhen Eyton's foot slipped, and he fell down. He had no intention of injuring the deceased, with whom he had always lived on good terms.

His Honor then addressed the jury on the particulars of the case, Avhich he looked at as not bemg one of those atrocious cases which could be visited with severe punishment ; there did not appear to be any malice on the part of the accused toAvards the deceased. His Honor then proceeded Avith his usual care to sum up the evidence given by the several Avitnesses, Avhen the jury retired, aud in twenty minutes returned with a verdict of guilty of manslaughter. The prisoner upon being asked Avhy the sentence of the Court should not be passed upon him called upon Mr Fraser to testify to nis characteiv

Mr Fraser said that during the time he was acquainted with Mc Adams he knew him as a quiet man, and not disposed to quarrel Avith any.one.

. Mr Bums spoke of tlie prisoner as a sober, industrious ntan while in his employ ; but rather exdtable Avhen interrupted His Honor then addressed the prisoner in very feeling terms, and considering the circumstances and the previous good character the sentence of the Court would be that he be "imprisoned and kept to hard labour for the term of six. calendar months.

TI n I ' mm BILLS. J he Grand Jury came into Court Avith true bills against John Arthur Abbot (stealing), iu-aneis Conway (indecent assault), and Wm. Milne Sidey (horse-stealing).