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SUPREME COURT.-Thursday., Daily Southern Cross, Volume XIX, Issue 1992, 4 December 1863
(Bofor* Hl* Honirtthe Chicf 1 Jnitieo, Bir GiO. A. Aihut.) His Honob took hw goat ou the Bench punctually at tea o'clook. ' - STABBING CASE. John JDmcoll, private 2nd Waikato Regiment, to indicted for having,-on the 20th day of October lost, at the Albert Barraoki, «tabbed, out, and maimed, with intent to kill and murder, maim, and do gnevom boSily h*rm to John Brown, The priaoner pleaded not guilty. t Mr. Merrimau appeared to proiecute. Fruoner was undefended. . . , John Brown depo«ed :• I am » pnvato in the 2nd W*ikato Regiment. On the 20th October lut we ware »ts.tioned at the Albert Barrack*. The pruoner camo into my hut on that day. I wa» sitting on ray cob at that time, about nine o'clock in the evening. 1 He wa* standing *tthe end of the men table, and was | making a great disturbance. He wanted to fight, and ! I took him back to hi* oob. He refused to lay on hia bed, came back to ray cot, and took hold of me by the shirt collar, and would insist on fitting with me. I again took him to hw cot, and * thiitUiine he returned to my cot. He dragged me up off the bed, #nd would insist on fighting me. I then pulled off my »M>t »nd went outside to fight, in front of my own door. The prisoner was alieidy out, and he said ho would " dp for me. I stood -op to defend myself, and the prisoner i camo towards me \rith hi» left haud raised, and some instrument in hit right hand. He cut me acrois the abdomen, about seven inches. He made another cut at the same place. I then went to push him away, and he then stabbed me ilnough the right arm. Dr. Carey dressed my wound* at the hospital, after I had been cairied to the hospital. I had not struck the prisoner. As he insisted upou fighting, 1 had stripped and gone out, but simply stood on the defensive. Henry Gardner Blackmore depo«ed : I am a corporal itt the 2nd Waikato Regiment. I remember on tbo 20th October last *eeing the prisoner and prosecntor scuffling in the barrack-room. I saw the prisoner, Drwcoll, come up to Private Brown, whilst he was sitting upon his cot, and wanted him to fight. I beard him challenge him to fi\'ht, more than once, twice, or three times. Brown at first refused to fight him, but Dri«cott insisted on his fighting him. Brown then went outride the barrick-room and took off his *hirt for iihe purpose of fi«hting Drwcoll. Some «cuffling took place then, and Brown said he was stabbed. Thi* was in the prenenco of the prisoner. Brown wns taken into the barrack-room ; and Driscoll remained standing ■ontside. The prisoner had a knife in his hand. Driscoll gave me the knife within u quarter of an hour afterwards. Ha had not been out of my right. I asked him to givo me the knife. I took hold of his wrist, and he gave me the knife. I went into the bar-rick-room with the knifo in my hand, and saw Brown* wounds on the body and wrUt. Under my inductions the pri*oner was innde fast, and takon to the guardroom. He was afterwards taken Uo the guardroom, Obahuhu, and subsequently handed: over to the police. , , John Carey depo»ed : I am aisistant-fcurgeon in tho Auckland Militia. I remember, on the night of tbe 20th October, about a quaiter-past ten o^lock, being called to attend the prosecutor. On examinni.tion I found two extensive snperHoinl incised wounds .across the upper pait of tho abdomen — each measuring about seven inches in length. I also found a jm-uctured wound on the right forearm near the wiist, about half an inch in width, penetrating between the bone.l. It was rather deep. The knife produced would .inflict such wounds. The wounds atsuraed a very unhealthy character, and for some days there was considerable danger. , By the Court : If the wounds on the upper pfcrfc or the abdomen had been deep, they would havo been fatal. The prosecutor wa3 under my treatm ent at the hospital until the 6th November, whon he wm discharged, eurecf. Tbis was the e.^e for the prosecution. Prisoner did not vldress the jury. His Honor eaiefuh' v summed up, and the g>ry found a verdict of guilty of » ltent t0 do K riovc ">" hoMs harm. Prisoner was sentenced to* c imprisoned ami kept to hard labour for the term of tlireo y«"»SENTENCES.' ... Attffiute Hudscheis, found guil V of haviag on t •>« 3ul October, in the Albert Ba vr «cta. unlawful^ ' wounded one Eihnnnd McKenna, wasa s entenced to be imprisoned and kept to hard labour f(/f '' x calendar months. John Hayti, found guilty oC having unlawfully wounded Nathaniel Sadleir, on the 12th October la«t, at the Whau Hotel, was sentenced to be imprisoned and kept to haul labour for twelve calendar months. ronoußY. John Cor, corpoial in the CommisHoriat Transport Corp*, was arraigned on an indictment charging him with forcing ami uttering a cluck for £50 mi the Bank of New Zsalinil, on the Bth October. Priaoner pleaded guilty to uttering the cheque, but not guilty to forging the same. Mr. Merritnan held a brief for the prosecution. Ellen Lnnuergan called said : I am the wife of Daniel Lonnergan, keeping the Wynyard Hotel. I remember in the month of October the prisoner coming to my home with the cheque produced. I paid him £49 fatfiti^Jl told him 1 could not cash the cheque : I had nrtt sufficient money in tho house. He said he wished to pay the boy* of tho transport corps ; and would aUo pay me what lie owed me. I then cashed the cheque ; and he wrote his name upon the back. I paid tho cheque to Mr. AVillum Hohson. Cioss-examinud by Prisoner : I asked you to put your name upon the back of the cheque. William Hohson was next called, and said : lam a met chant maiding in Auckland. I received the cheque produced fiom Mn. Lonnergan. It bears my endoisemen t under the prisoner's I accepted the cheque as a gonuine one. I paid it into the bank. It was returned to mo on the Monday following, as "no account." William Hart deposed : On the 3id October last I was in the employ of the last witness. He gave me the cheque produced tn present to the bank ; and I was then informed that there was no account, I took it from the bink to Mm. Lminer>;an. John Williams Cbifthxlm s liil : I am first ledgerkeeper in the Bank of New Zealand. I lemember the cheque produced beincr presented on October 12th, It was presented by the (Jiiiou Bank. It wa* presented jtfterwauis by ilia Inst witness, and refused, on the ground that wa had no account in tho name of A. Brown. There was no person of the name of A. Brnwn having an account at the Now Zealand Bank. Samuel Watts Ruddell deposed : I received the cheque now produced, from Mrs. Lonnergan. The cheque was worded as follows : No. "Auckland, Bth Oct., 1863. "To the manager of the Bank of New Zealand. "Pay to Mr. Lusk, or bearer, Fifty pounds sterling. "£5O. "A Brown." Endorsed, John Cox, Corporal, C.T.C. Tins was tbe cms for the prosecution. The prisoner when called upon for hi* defence, said : lam a pretty old soldier, and the same thing never came over mo before. 1 have been 16 year* in the »ervice. I picked up the cheque at the bottom of Shortland street, and certainly did get it cashed ; but I kuow nothing about its being a, forgeiy. Mr. Merriman abandoned the charge of forgery. Hi* Honor summed up, and the jury returned a verdict, "guilty of uttering a forged cheque," Prisoner was sentenced to be imprisoned and kept v hard labour for the term of two years. t0 6TEALING A SILVER WATCH. y 'teph Murpliy wns arraigned and pleaded guilty to . . *on the 7th day of November, stolon from the having t M T , Wyatt, at Otahuhu, one silver h0U "Vtf» value of *of W pri»'oner WM sentenced to be imprisoned and kept . . j i ft boi'* r f° r the term of six calendar months, BTKAUNCI JKyrBM/FRY. Patrick QahiMj wns indicted for having, on tho 29th n f ?ilr.to)o» 3 watche*, 4 plated chains, 3 silver \in silver keys, J locket, 1 plated neck-band, 1 «* of Plat" l " Uver buUdnS ', th ° go '. )dS an i raerc < h "" diBe , of William MoCmoken, from the cutter ' Betsy,' wbitat"n her yuunwse f.otn Onehunca to Waiuku. Prisoner pleaded not guilty. Mr. Memman ap- ,. «,n«or.nfo Prisoner waM undefennod. Pe Se teKKSToaIS! U. WUlinm McCrack^n, who i bbS : I am a special constable to the Waiuku 1 See On tho 29th October, I was ou board the < Bety.' I had a enrpet bag with me on board that Sand last saw it in tho cabin. The bag conW « quantity of and jewellery. I next *»i -the prisoner lying in tho cabin with his head sa« tbo bag. I asked him to give me tbo bag, upon non t b e first; time be made me no answer. I b«t \x\ vfo a second time, and he thou did not give asked » X could not got well down because ho was it to me. ' o| , j.j, c oteps. I then went clown, stepping lying acr 4, O iicr's leg', and lifted him up a little, ovorthep. . n rt tbe box in which my watohes had when I fon un ,i(. r the pri«oner. The box was open. been placed f) mVt an d told him in prisoner's I called Co rp> | mi j een ro bi )G( j. I seized hold of presence tit. "* g O fc m y aa\>et bng. It was prisoner ao <* 10 sauio way I left it. tied up 1 " . 1,01) told tho prisoner to get up, Sergeant Dm v j caught hold of hfa left arm and but be would \\ ;. jf c said, w hat do you want ; pr.veitalittle L^; , nynrm ? We then brought mean tn , searched, him. Corporal Dow sffln up on deck y. e^ W e searched him. wo found Tseing present. > , ev . ei '»l chains now" produced. three watches np4 . ? e hirb— next his skin. I "Wo found tbem «» . "^o* whichliwenr were .produce *** *«lwi
foand upon the -pruoner, also .theujwv.en .chains; — three silver, two plated; arid two giltf;' one set of - - four fihif Utuds, plated gold clasp, silver key and plated locket, another silver key. I will swear that the proporty now produced is my property, and that I fouud it upon the prisoner on the night in question. The three watches had been iri the box ; and the other articles made up in the same! bundlo. The pasteboard box produced I lifted up from nnfder the prisoner. I delivered it up to Mr. Squires, the clerk to the Resident Magistrate rtt Waiuku. That was the box which contained the watches, and was placed by me in the carpet bag. Cross-examined by the Prisoner : My carpet bag was in the hold or cabin behind where the Captain • bunk was. . , , . . , John Brunker said : lam a special constable at Waiukn. On the 29th October 1 was on board the cutter • Betsy,' at Onehunga. The last witnssi and prisoner wore also on board. I heard the prosecutor asking after hii bag, and he went down into the hold. The prisoner was down the hold. Ihe prosecutor called to Sergeant Dow, and told him ho was robbed. They then brought tho prisoner up on deck, I saw McCracken tear open the pnsonei b nhirb and tako from his breast a number of watches and guards, similar to those produced. # Crow-examined by Prisoner : About five minutes wwld elapbe from the time the prosecutor said he Vf»g robbed until you were brought upon deck. Charlos Henry Jones sworn, said: I recollect being on board the 'Betsy' on the 20th October laet I recollect the prisoner being brought on deck, on the charge of stealing the articles men- • tioned. There were three watches and «ome chains found on him. similar to those produced. By the Prisoner : You were under the influence- of liquor. There were three persons with me. I did not leave the hold before the robbery took place. I could not swear whether I was the first on deck. Charles Dow sworn, said : I am now a Sergeant in the Waiuku Volunteer.. On the 29th October I was in charge of some men on board the «ewyOn that night the prosecutor told me he had been been robbed. I went aft to see what was the matter. I went down below and took hold of the / prisoner, and endeavoured to lift him upon his feet, but I could ftot do it. Tho proseoutor assisted mo and we hianagcd to put him upon his feet. I' foupc? a *>ox beside of him, where he was lying, similar to the one produced. We made a partial search l>efo.re taking him on deck, and found three watche«' and several chains. Wo then took him on deck and' made _ a, minute search, but found nothing more. The watches and ohsuns were similar to those produced. Prosecutor m the presence of the prisoner said he had lost fou? more watches. Ho asked the prisoner for thorn, and offered' £1 if he wonld toll him where they were. The prisoner would not tell. The prosecutor then offered him £2, «nd he would not toll. He said ho would if prosecutor gave him some rum, which he (the prosecutor) did. I wonld not allow him to drink it. I said that if he did he would laugh fit us after he had drunk it. He would not therefore tell us. He bad no grog. By the Prisoner : There was another person .1 believe in tho hold when 1 went down. I think it wa , a person by the name of Hall. I went down the hold because I was ordered. You had been drinking some liquor that morning. When the carpet bag was open. I was sitting at the fore part of the vessel I don't believe I was down drinking with M Cracken. I was down in the fore-cabin nearly all night. The captain did not beat him severely, he struck him with a rone's end. The reason why the captain struck him was because he had eaten a shoulder of mutton. _ , , .. William Squire sworn, said : I am acting clerk to the Resident Magistrate at Wairoa. I leceived the < box produced on the 29th October. I This was the whole of the case, and the pmonor ! briefly addressed the jury in his defence. He admitted having the artioies alluded to on his person, but denied having stolen them. The things were nnb beside him while in a state of intoxication. He 'lid not think it likely that if he had stolen the mo1 persy, he should be foolish enough to keep it on his l>e pTisonev then called Henry Pice who, having Wlv sworn, said: I never received information i en . '*>c loss of tho property. I know nothing about i.. e ver i reC eived four watches from about it wha- -* of tho ' Betsy.' I did not know Captain Ohampiou -i.» n O r not. I paid £1 to get whether thfey were sto. ~*lpt. The watches I have tko.'n. and havo hero the re*~ -*. The prosecutor got ai!" my rosidencc at Rcmuei... has not K Vet seen them. '*oner was Charles Dow, re called : When the pr, "" lfc V l scaiched he was allowed to lay on deck. jhn. there for afcout an hour or two. He was'up towan. •> evening. I Ann t think he tried to get up. He could speak. He appeared to bo quite sensible at the time. %' ll(! f in> y : l have known the prisoner since the 27 th October. His Honor then briefly addressed the jury, after which they retired, and returned with a veidict of guilty. The prisoner was sentenced to four years' penal servitude. c His Honor remarked that the prisoner had been convicted on several previous occasions, and trusted the present one would bo a warning to him.
lATiCENY. William Slonc, a Waiuku Volunteer, wns charged with stealing a half-pound butter and six; bottles' of ale. the property of John Kail, a settler at Waiuku, dvi iii£f the month of September. The pi isoner pleaded not guilty. John Hall, worn, said- lam a fanner, lesidinc near Waiuku. I left my house on the 26th September, and proceeded to Onehunga. I left a cask oontaiuing bottled ale and two lumps of butter. I locked the house up on the previous day. I gave the key into the charge of Mrs. Barrable, for one of her sons. I returned on the following Thursday. The key of tho home was in the lock. As soon as I anived at Wainku, I wont to my house, and missed one pound and a half and tho nine-pound lnmp of butter. I saw broken bottles on the floor of the kitchen. I missed lulf a dozen bottles of ale. I went to my where, some distance from my house, and found the ramiod now produced andabioken ale bottle. There were no persons loading in the whare. The bottle produced, bearing Kirkwoods label, corresponds with those I losfc. I found the kit in the same house. By the Pi isoner: I did not go to you to try and make the case good. 1 did not say I would notpiosecute you. A day or two after yon wore committed, I said to Hodge that if you havo allowed him to take the butter from your house, perhaps I may not be able to sustain the charge. J told you that if you were out of employ I would take you on again. That was on the 28th of July, I paid you then more than w.i«i due to you. You left me very abruptly. You told me the reason you were going to leave me. He told me he had joined tho special constables. My wife and family were sent to Waiuku that day. My wife and family remained at Wainku some weeks. I don't thiuk it was three months previous I received the ale. My wife was recommended to drink ale. I believe there wero moro than six bottles left. I never counted them. I never took them out. I don't know who opened the house. I was told by several that my house had been broken into, and robbed. Charles Banewell knows my honse well. By Mr. Merriman : There were no broken bottles on the floor when I loft. lam quite certain there were six bottles left — theri might have been more. Charles Thomas Banewell, sworn, said : I received the key of tho prosecutor's house from my mother. When he left on the following clay, I went to the house, and found it the same as usual. There were two quantities of butter there. I took away the 9-lb. lnmp, and left one pound and a-half. I locked the honse up, and left it secure that day. On the following Monday I w cut to tho house again with several volunteers. I found the door three-parts open. I saw that violonce had been used to open the house. When entering I found one empty bottle on the table upstairs. In the kitchen there was another. I did not notice any other bottles about. The butter (one pound and a-half) was gone. I fastened the door as well as I could, and went ont the back door. I told the prisoner what had happened when he returned. I am positive some person broke into the house. By the Prisoner : Any person could get into the house after I left. The bottlo in the kitchon might havo been broken. I did not take notice if there wa< any other bottles. Henry Mason Warner, sworn, said : lam a spocial constable, stationed at Wainku. Tho prisoner, on the 29th September, belonged to the Waiuku Volunteer". On the same day I recollect seeing him with about one pound and a half of buttor in hii hands. He pave it to the cook of tho Waikato Volunteers. Ho did not offer to sell mo any butter. By the Prisoner : As far as I could judge there was about one pound and a half of butter. I don't know whather it was salt or fresh butter. It had leaves round tho side, but was exposed at the top. William Squire, sworn, said: I am a sper-tl constable, and attached to the Wiiuku force. <'n tho 26th I wroto a pass for him for two days, tor him to see his cattle. I saw him go in the diiection of prosecutor's house. He hod his rifle over Una shoulder, and a kit, with what I supposed bottles in. it. Tie came to the office on the Monday following,
subsequently to Meingjthe prisoner. 1 went to the stockade.- i I found the rifle ,now produced, leaning' tip agaimt a loop-hole, close Jqy where the prisoner •lept. There was no ramrod in the gnn, and. my Attention was therefore called to it The rifle it branded on the but "65,313, If. Z." That rifle w«r nerved out to the priioner. The ramrod produced belongs to the rifle and bean 'the same brand as the rifle. This being the whole of the case, the prisoner Addressed th« Jury in hit defence. • John Hull recalled, said : I romember going to the prisoner on the Sunday morning. , Prisoner told me on the previous day I could have your two calves ■s he had not money to settle- with me. He said Sunday, was not » .legal day. Next " day I went again with a blauk form to be filled in. He left me' so abruptly that we had no formal settlement of wages. Ou the 'Saturday when I spoke to him about the tilings he could not find them. He hod two blankets, a stop, and two brushes. Our oonver- ' ■ation was confined to the blankets. He said he could not find them, he had no money to pay for them He deolared he had not drunk his (prosecutor's) ale, and if heprooeeded he would ruin him. .Our conversation was confined to the things taken and used. I advanced £3 to enable the prisoucr to' purchase these calves. The £3 was worked out, but he still owed me 10s., money lent to him. On Monday morning I went to him, but mode no promise to him. I told him it would be an eaay bed for him if ho *(prisouer) would let me have the calves. He said he wou'd make over the calves if I would not proceed against him on this charge. I did not lend him the blanket He told me that he had a brush belonging to me. That was some timo in August. By the Jury : The balance I owed the prisoner was 10s. - s -Fat Oalway, being sworn, said : Mr. Hall came to me in the stockade. He had a written document in his hand. Ido not know the purport of it. He said, "are yon willing to m*ko over those ten yearling* to me" Stone Mid to Mr. Hall that the slop was thrown outside by Mrs. Hall. Stone said he had liberty from Mrs. Hall to pick the slop up. Stone then went and picked it up, Mr. Hall said to prisoner, "If you want to lie on a soft besj, sign this palter, and make over tho ten yearling* to me." The prisoner said, "flow am I to know you will take no further proceedings against me ?" He said a second time, "Ifynuwaut asoft bed, to lie on, you must trust to me." 1 got upan I said, "Why riontyon •ay that if he. makes over those teu yearlings, you Trill take no further proceedings Agtiust him." I said to Hall, " You are one of the greatest scoundrels I •ver met with." r His Honor, in addressing the juryp3id nob think there'were sufficient grounds for the jury to retrfrn a verdict of guilty against the prisoner," and after- a, -few minn^6^TSfioTl3M*3hry reamed vreflficV of not guilty. ; Tho prisoner was accordingly discharged. i The court adjourned at seven, till ten o'olock this
SUPREME COURT.-Thursday., Daily Southern Cross, Volume XIX, Issue 1992, 4 December 1863
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