SUPREME COURT.-Criminal Sessions.

Auckland Star, Volume XVII, Issue 235, 6 October 1886, Page 5

SUPREME COURT.-Criminal Sessions.

Tbe North Stioro Shooting Cases.

(Bofore His Honor Mr Justice Ward.)

EVIDENCE was led yosterday afternoon in the charge against Michael Lunny of-hoot-ing his wife at North Shore on 10th June last. Margaret Louisa Lunny, wife of tha prisoner, said she had lived for ID yeara With liim, till last Juno, whon tho -hooting took placo. The prisoner had illuscd her ever since thoir marriage Witno.s then deposed to the shooting ; prisoner having fired twice at hor, one shot taking effect in her loin. Prisonor tried by cross-examination of tho witnoss to prove that he haul received provocation, also that witness had told him She intended to run away with McGuire. Witness admitted that -ho did tuko a houso under the name of Mrs Thomson, also that McGuiro stdpped at the house two nights. Thore was no ono in the houso but the two oftbom.—Mary Ann Ronwick deposed to tho shooting, and said prisoner seemed sober nt tlio time.—By tho prisoner : Heard Mrs Lunny tell prisonor just boforo tho shooting that sho intonded leaving tho Srisoner for good. —Edward Hopkins,of tho orth Shore, corroborated tho two former witnesses as to tho shooting.—Dr. Parkinson, practising at Devonport, gave evidence as to tho wound and what Caused it. The prisoner then mado a statement to the jury to the effect that what he did was to intimidate his wife, who had confessed her adultery with McGuiro to him, and he could have killed her had he wished.— His Honor addressed the jury, calling particular attention to the fact that although there was no doubt the wifo of the prisoner had misbehaved herself, that waa no excuse for tho prieoner acting as he did. Tho jury then rotired for nearly lialf-an-hour, when they brought in a verdict cf not guilty on tho first count, but of guilty on tho second, namely, with shooting to do grievous bodily harm. A ridsr was attached recommending the prisoner to mercy on account of tho conduct of his wife.

This morning Michael Lunny was charged on the socond indictment in tho North Shore shooting affair, namely, with shooting at one Goorge Plunkct McGuire on tbe 16th June last, with intent to kill, and also with shooting at the same person with intent to do him grievous bodily harm. —Mr O'Meagher, who appeared as couneol for the prisonor, challenged several of tho jurors.—Tho Crown Prosecutor addressed the jury at length, and referring to the bullets fired at McGuire, which had not yet been found, said that evidence would be brought forward to show that tho building in which the shots were fired was rotten, and the bullets might easily be lost in tho woodwork. —G. P. McGuire, blacksmith, who was so deaf that the interrogating counsel had to stand close to him, gave evidence as to Casey calling him on the night of the shooting, and the prisoner bursting the door open. Witness caught hold of prisoner, and asked him what be wanted. He said ho wanted to speak to witnoss, and then a pistol was discharged over the prisoner's shoulder who had his back to witness. Witness was not struck by bullet or marked by flash or powder. Witness never touched tho prisoner's hand which held the revolver. Witness then escaped from the room. In crossexamination by Mr O'Meagher witness made several contradictory statements. He admitted that he knew tho houso takon by Mrs Lunny, under the name of Mrs Thomson. Occupied tho house with Mrs Lunny. Had tea the night before and breakfast the next day with her. Spent the following day, Sunday, in her company, and slept the following night in tho same house. The prisoner never caught him with his arm round bis wife's neck. Mr O'Meagher showed by tho deposition tbat witness had stated that prisoner had done so in his evidence at the police court. It was arranged between witness and Mrs Lunny to correspond by means of letters left in a box in witness's bedroom. Had made Mrs Lunny presents of a watchchain, an album, some baskets, ond had taken her to the Opera.— Martin Casey, after giving evidence as to the shooting, said that prisoner had said to him that he had intended to shoot, both his wife and McGuire, and then give himself up.—James Featherstone gay. evidence a3 to getting the pistol from the prisoner. He seemed mad with trouble.

Hia Honor summed up to the jury, who after ashort absence found the prisoner not guilty. Mr O'Meagher then called constable Hutchison, who gave prisoner a very good character. His Honor then gave eentonco on the former charge of shooting Mrs Lunny as follows :—

I'riaoner at the bar. it is fortunate for you that the jury have taken the most, merciful view of your case, doubtless through compassion for your domestic troubles. In that compassion 1 do not altogether share, and from your own statements it seems that nothing could exceed yourjoalous vindictiveness towards your wife, except your courtesy towards her supposed paramour, McGuire, until you contrived to possess yourself of a revolver, then your vengeance instead of being shown in a fair fight with a man, vented itself in a cowardly attack on a defenceless woman. It is doubtless a sore evil to be linked to an adulterous woman -, but, considering the various statutes on matrimonial matters, the multiplication o£ lawyers, and the reduction of Crown fees, which have brought the luxury of divorce within the reach of tho humblest artisan, thero can bo no oxcuse for resorting to firearms in order to get rid of her. The medical evidence shows that, if your murderous bullet hud penetrated further, you would now have been (receiving sentence in that dock for the heaviest crime known to the law. I take all your domestic matters into consideration and give full eflect to tho recommendation to mercy made by the jury, when I sentence you to be imprisoned and kept lo hard labour for two year..

Indecent Assault, —James Dodds, 20 years ol age, was charged with indecent assault on Eli/.aboth Bowor, a lady of 50 years of ago.—Tho piisoncr pleaded guilty, and called as witness to character a William Andrews, who said prisoner was "a very rospectablo young man."—The Judge sentenced him to threo months' hard labour and one flogging of 25 lasbos. E.mbezzlemi*-*t. — George Harcourt, charged with fraudulently ing £25, the money of the Ureka Gold Mining Company, pleaded guilty. —Prisoner also was charged with embezzlement of trust moneys (£1,000) of one Lawson ; prisoner pleaded guilty to this also ; as also to eeveral others. Sentence re-

served. True Bills, — The Grand Jury found true bills in the following cases :—William Marwood English, arson; Jeremiah McCarthy, arson ; Christian Johnson, attempted rape ; William Reid, indecent assault; Georgo Harcourt, misappropriation and embezzlement. John Knox,