SUPREME COURT.

Auckland Star, Volume XXI, Issue 286, 4 December 1890, Page 5

SUPREME COURT.

YESTERDAY.

(Before His Honor Mr Justice Conolly.) Thk Huntley Pomp Case. —When the Court resumed yesterday ufternoon evidence was given by Walter Waugo, miiicr, who deposed that on the "22nd September ho was working at Ralph's mine up till 4 o'clock in the afternoon. Leeco, Weir, Jones, Leather, and others were to go ou next shift. He was nob aware thab Leece went on afc 4 o'clock, as ho did not see them. Hβ was one of a party at Harris's shop on the ovening of the 22nd. He was one of the seven who arranged to go down the streets and break windows, but before Leece and Weir came back he did not know they had gone to damage the pump.—ln cross-examina-tion by Mr Cotter witness said ho was not now a non-union man, but was one up till the 24th October. Mr Cotter here pointed out diserepenciea between evidence given by witness now and in the lower Court, and questioned the witness about a certain statement he had made to a man named Hull, to whom he said he knew nothing of the affair.—His Honor said he had no doubt the witness did make such a statement, for he was in terror of his life.—Mr Cotter said they had nothing , of the kind before them, and all he wanted waa to get the answer on His Honor's notes.—His Honor said he had before-him a sworn statement that the man ; was in foar. Hβ would take down the answer and as much more as he thought fit, bub he would protect this witness against the Union gang.—Mr Cotter then ] resumed his seat, whereupon His Honor stated that he did nob refer to Mr Cotter, and asked him to proceed.—Witness then acknowledged thab he asked Bailey to make a statement to tell all he knew and geb out of it, but he denied that the police bad asked him to do so, although they had left him alono with the prisoners at the Ngawawahia police-station. Bailey said he could nob give any evidence to convict " their men." —Evidence was also given by Robert Riley, Ralph and Charles Smith (a boy employed by Harris the butcher). Tho lutter witness stated that a man named Montgomery asked him what he had told the police, and when he replied, he told him what to say when he came down here, thab he had seen no wet clothes, that he had never gob up.— The case for the prosecution had not closed when the Court rose at ten minutes past six o'clock, when His Honor intimated that he would sit to-day until the ease was concluded, however late it might be, as he had no intention of detaining tho jury for a second night, and he did nob intend to sib on Frhiuy. THIS DAY. The HtrKTLKV Pomp Case.—When the Court resumed this morning evidence was given as to the arrest of the prisoners by Inspector Emerson and Constable Mitchell, which was practically the same. Constable Mitchell stated that when he arrested Leece he used the expression, " We have arranged for an alabi," and denied that the words used were "I can prove an alabi." In croßß-examination by Mr Cotter Constable Mitchell said he tried to get Bailey to turn Queen's evidence. Ho denied having offered Weir £25 it he would give such evidence as would convict the other two. A reward of £25 was offered by the Company, but witness never mentioned that fact to Weir. Witneee knew- llalph went to Bailey before the arrest, buo nob at his (witness's) request. Witness called Bailey into his office, told him he knew tolerably well whore : he had been that night, and said he had better tell the truth. Bailey said thab "informers had ruined Ireland." He gave Bailey to understand that if he would give evidence against the other two he would not be proceeded against. Bailey then said, lie was innocent. After Bailey was arrested witness saw him again afc Ngaruawabia. He argued farther with Bailey to get him to make a statement, without success— In answer to Mr Cotter witnesssaid Waugh was an unwilling witness. Hβ told , Waugh, lie knew he was one of a crowd- who went out to damage the houses of the blacklegs, and that they would "soy nothing about the damage up tho road if he would tell the truth about the pump business." Waugh said he was afraid to say anything lest he should get into trouble with the Unionists. Witness explained that no harm could possibly befall him if ho told the truth, as the police would continually shepherd him, and then "Waugh made his statement. Waugh did not then know that any reward was to be offered, and nothing was said to Waugh about any reward. —Constable White, who was also present at the arrest, gave corroborative evidence.—George Stokes, cross-ex-amined by Mr Cotter, eaid he was at Harris's butcher's shop on the night of September 22nd about 10.30 o'clock. He saw there Weir, Leece, Bailey, Carter, Montgomery, and Smith. He did not notice Waugh when h«» entered, but saw him there shortly afterwards. They had a few bottles of beer there, and were smoking and yarning. He could nob speak as to Waugh's sobriety. While he was there Robert ■Ralph and Lewis Harris came in, and remained there until Weir, Leece and Bailey left. Part of the time they talked about the Wild West Show. He did not remember anything else. He remembered a lad named William Singer passing through the room, but did rot see the lad Smith standing at the bedroom door. Hβ did nob see Weir change his coat, trousers or boots. Nothing was said about valves or shifting spanners. He left in company with Weir, Leece, and Bailey, walked with them about ten yards, and than went to the railway-station homeward bound.—Thia concluded the case ior the prosecution, after which Mr Cotter opened the casein Weir's defence, and stated what evidence would be called, Weir would admit that he was at the butcher's shop on the evoning in question, but would deny that he wenb near or had anything to do with the Tango pump. There was something in the change .of clothing, but the whole truth was simply that he tried on the butcher's coat to test a question of measurement. He would also deny the statement that his clothes were wet, or that he called to take away any web clothes. He would also call Mr Bailey, who occupied a peculiar position inasmuch as the Crown had tried their utmost to induce him to give evidence against the other two unsuccessfully, and because Bailey would not do that the prosecution shut out altogether what he said. Bailoy woiild tell the jury that he waa at Harris's shop the whole evening with Leece and Weir, and that neither he nor they had wet clothes, and that they had nothing to do with the damage to the pump. Carter, who was subpoenaed in the lower Court, but was afterwards dropped by the prosecution, would give material evidence. He would say that no part of the clothing of Bailey or the accused was wet. Montgomery would say exactly the same, thab during that evening nothing whatever.waa aaid by either Weir, Leeee, or Bailey u aboub the Tarige pump and that \ neither did change any portion of clothing. ■ They would also call two witnesses, Catsby and Fall, who would state than Waugh, when questioned about the punrpa, said he knew nothing about ib. The boy Singer would tell the jury that SmUh was asleep in bed the whole of the time until after the men had left, When he got up in the morning there were no signs of web clothes about. —Mr Cooper then opened the caee on behalf of Leece. He proposed to call the defendant Leeee, and thought he would be able to clear himself. Mr Cooper also remarked upon the action of the Crown in not bringing forward witnesses who, af fcergiving evidence in the lower court, were nob found to be ."useful to their caee. Scanlon would state that the tfme of Leece's

arresb he used the words, "I can prove an alabi." He thought ab the time that he was not in Huntley on that day, but afterwards found that he was. —Daniel Weir deposed that he made no such statements as those repeated by Waug-h. He never spoke to Ralph on the night of the 22nd, and did not question anyone as to tho cosbof valves. His clothes were dry, and the statement mado by Wavtgh that he was wet up to the waist was untrue. Thestatementthathechangedhieclotheswae also incorrecls. Hβ also contradicted tho statement made by Smith to the same effect. Hβ senb "no person anywhere for a pair of trousers that night. He heard nothing mentioned that evening about cither the pump or the plank. He denied a statement made by Waugh that his coat vas split up the back. He put on Harris's coat to see whether tho butcher was a bigger man than himeelf. Waugh \va9 a bit " boozed ' that evening, and eaid he was going to smash tho windows where the blacklegs lived. He had then two beer bottles in his hands and had to go past Robson's house. Witness went home with Leece, Carter, Smith and Montgomery in a different direction to that taken by Waugh. (Left Sitting.)