RESIDENT MAGISTRATE'S COURT.

Daily Southern Cross, Volume XX, Issue 2139, 28 May 1864, Page 6

RESIDENT MAGISTRATE'S COURT.

Fmd \x. Befoio Mi Commissionei K<iii(,liton, .7 P i'Olianman x — Pioece, iml J" W ]!.i\ ne, l^sqrs ,JP's] Tke Coiut did not sit until eleven o'clock.

BULVCH OF DISEASED CVITLE ACT, ISGI. Fiedeiick William Ruhvcll was ch.iiged with a bieich of the abo\c Act on the jth Al«iy msfc., in chiMDg catllo along a cei tain highway, contiaiy to the Act. The ilefeiulant had not emjv!o> » d coumel, and pleaded guiltj ; Mi. Wjnu .i])i'>caicJ loi the piosecutioti ill. W3llll hoped the Bench would inflict a noiuiiiiil penalty only, as the act was done in ignoinn.ee of the la\s. A iino 01 one shilling was imposed.

MIOOIIXI. AVirir INTENT, LIO. Jojnc? TiO)le, a young man about 2S, was olruged with shooting with intuit to do some giievous bodily liaim. Augustus Lawton, deposed tint ho was a puvate in the 2nd Woikato Regiment. Knew the pnsonoi, and was on eacoit duty with him on the loch instant. 'Ihe piitonei was a a ei<reant in the sune lcgi'iient. On the day mentioned they weie eseoiting one Thomas Gieen as a pnsonci. They went fiom the Albeit Jj.iii.icKs quietly to the Junctiuii Hotel. AVJicn theie th« pusonci halted the paity, and thc\ all went into the hotel, and had some dunk. Some was ofiered to witncos, but he refused. Some dunk, I behe\e nun, was given to Thomas Gieen. The dunk was »i\en by the pnsonei, who co'iimanded the paily. We \>eie th n oideied lopioceei!, and aIJ wtnt well until Wt. imvid at tho ]iaip ol Eiin puUicjhouso. Sugc.int Boyle (the piisoiiu) here hailed the paity again, and wo nil went into the ILvp of Ei in togethai. The whole p.utv paitook of spiutuoiis lniuui-3 tbeie except myself. T.ne pii-,oiici then asked Gieen would he tal.e some lunch and lie bioughlout sonic biead and cheese to him. We then fell m ngiin, and maicl.ed low aids OUliu'ni. When about 200 paces honi the 11 up of Etui, the pnsonei came up with the paity, halted them, and told them to wheel about The other troopei uf the eacoit expostulated witli the pnaonci. ills name is Coc'iinne Uocln.uiu told the pnsonei Bo^le we weie on mad to Otahuhu. Altoi that we again maiched on quieth Thomas Gieen, oiu piihonei, then asked me and Cochiane wliethei if he went by Uun&clf ho would be taken into the stockade. We continued oiu match until we weie about a mile and a half fiom the JLup of Eiiu. fceigeant J3oyle then called out to us to open out I looked ovei my shoulder, and sa>\ that Bo>le had his nfle cocked. I did not <.cv what ho did pievioiibly. JTe had his rillo at the jne-ent, and he dthbdiabely ined 1 heaid a lepoit, anil I &iw Gieen fall flat on his back on the load. He fell instantly. Gieen then asked the piUonei, "jr.id jou any i-pite to me? Did 1 do aii)thmj' You have bioken both my k^j, ' The piisonei Gieen was not handcuftld at Ihet.me. To the pusonoi'*, questions, Gieou leplied, " Why weie you going over the wall ?" The wounded man v.a^iu gieat agony on the uiad. I endear ouied to hud out the wound, and I applied my handketchief to staunch the wound. A mounted oulcily then came up. Boyle gat e up his aims ami j-aiil, "I'm the inuidciei." He gave his aims up to the cscoit The wounded man was taken back to the ilaip of Enn, and medical assistance was senl for. Boyle was at the JL-upof Eiin dtuiug t]», time, in inj cnstoiiy. An escoit was then sent fiom Olahuliu, and Ideltveied Boyle ovei to thiy e&coit, and I ,saw Gtccn taken away. Giecu was wounded in both logs Gieen .vas j not attempting to escape. That is all 1 know. Thomas Newbiyging Coclniiie, swoin, deposed • I am a puvate m the 2nd Waikato Ilcgiment. I know the pusonet. lie is Seigeant Jamos Boyle, of th.' same icgiment I lecolleet Jrondaj', the 16th instant. I wa-, on cscoit duty on that day, and the piisoner was fceigeaut ot the party. Augustus Lawton, the hast witness, was another of the cscoit. The escoit consisted of mv elf, Lawton, and Seigeant Boyle. We weie escorting Gieen fiom Auckland to Otahuhu. We called a f < the Junction Hotel, and weie all nght till we got theie The whole pm ty went into the Juneti >n Hotel. We all, except Lawton, had .something to think— some mm. We again htaited on the load, and went on all ught till weeaine to the liaip of Enn. We also hid sotuethi.ig to dunk theio; all, except Lawton. some i urn. We stayed theio some tune, and Boyle said to Gtceu, "If he wanted any dinner now was the lime to have it." .Soinebie.nl and cheese was biought out, and Gieen had some. The seigcant tuld Gieen ho would have to pay for what he had himself. This Gi eon did. We again matched on towauh Otahuhu. When about a mile and a half on the road, the pi isoner Boyle, who was some little distance in the iear, came up and sung out "Halt." We halted. Pnsoner then came up and said, "Eight about, wheel, go back-." I lefustd. I told him that was not the load to Otahuhu The pnsoner Thomas Green, also lefused to go back. Wo again maiched on, and when some little distance on the load, Seigeant Boyle called out to halt, which we did. We thought he was coming, and maiched on, and when we got a few yauls ßoyle called out, "Stand clear." 1 looked round to see what was to do, and saw Boyle with his nfle at the piesent, and lie instantly fiied, wounding the pnsoner Gieen in both legs. Gieen fell on the road on his back, saying, "Oh! sergeant, why did you shoot me? You ha\c shot me thiough both legs." He Beemed in gieat pain, and was calling for the doctor. At this time theie was one ol tho Tianspoit Corps coining along towaids Auckland. I went for assistance, and I next saw the wounded man, who was still lying in the load, at the Haip of Eiin. I came in a cait fiom Pemose farm, and Gieen was taken away in it. A seigeant and an escort of foiu came also ft om Pemose f aim, and they said they would hold us lesponsiblo for the safe delnciy of Boyle in Otahuhn. I went with the escoit, and gave Boyle m > at Otahuhu. William Montague Hall Wulby,' swoin, deposed that he was Assistant Smgeon m the 2nd Waikato Militia, and in charge of the Militaiy HospiUU a,^

Otahuhu. On -the lGth May, about three in the afternoon, 1 leceived au order from the officer in command at Peniose Farm to proceed to a wounded man at the llarp of Erin. I went tl ere, and found piivnte Thomas Green, of the 3rd Waikato Regiment, lying on his back in n cai t in front of tlio Harp of Ifirm. I saw that ho was wounded through both thighs, close to tlio knee joints. 110 was veiy faint fioin loss of blo# 1. I had him lemovod to the' Militia Hospital. I attended to his wounds in the evening, having pi cviously placed him under the influence of chloroform. I found that the missile causing tlio wound had entered on the oulei sido of tlio right knee joint, and close lo tlio joint ; had soveiely fiacluied the bone and splintered it, and had parsed out on the inside of the joint, entering the inner side of the lower paifc of the loft thigh, close lo the knee joint, fiactiuiug the bone of the loft knee. I e\ti acted a portion of a bullet, which I now pioduce, fiom the left wound, and a poition of bone fiom the light knee joint. The wounds weie voiy laige, and the shot must have been fned voiy close to. The wounded man is still in my charge. The case is veiy doubtful. Gieen will piobably havo to lose his light leg. By tho Bdiich : Can you give any opinion as to the wound— how it was inflicted ? The witness : It was inflicted veiy near to, and by some blunt substanco fiied fiom a gun. Both wounds weie smashed — veiy much contused, but oidiunvy gunshot w omuls. Examination continued • The man Green is the same whose deposition I havo taken. John i-icotb, swoin, deposed: I am a coipoialin tho Auckland aimed Policl Foice. 3 appiehouded the pusouei under a wairant, on tho 19th May instant. The piisonei was then asked it he liad anything to say in his defence, and Mi. Russell, as his counsel, bind ho i rsei ved his defence. The prisoner was then committed to take his tiial at the next sittings of tho Supreme Coiut, The following is the deposition of the wounded man : — This deponent, Thomas Gieen, on his oath saith as follows :—lan: — Ian a piivate in tho 3id Waikato Kegi ment. I know the piisouer. lie is a seigeant in one of the Waikato regiments. I lecollect Monday, the 16th May. On that day I was travelling on the load between Otahuhu and Auckland, as a pusoner, in chaigo of an escoit, of which tho piisoner (Boyle) \VA3 seigeant On the load the piisonei took mo into the Junction Hotel, and gave me a, glass of mm there. Two o£ the escoit had. bometlihig to chink, And tho thiid nun, Lawton, would not drink anything. We camo on and all went into the ILup of Ei in public hou--e, with a fiiend of the piisonei, whom we met on thy way. We all had a glass of something to diink heie, except Law ton. 1 had some dinner in tho llaip of IDnn, and the pusoner said 1 should pay for it mysttt, which I did. When about a mile fiom the Haip of JOiin, on the load to Otahuhu, the prisonei gave the paity tho woul "light-about tinn," as well as 1 can lccollcct. I camo to the light about, vheii the pii smioi at once levelled Ins piece and (hud at mo, and wounded mo in both lugs alxno the knoc. 1 immediately diopped I was earned back, and was then attended to by Mr Welby, and am still undei his caie. My picsent belief is that I shall not leeover. Cio-s examined by tho piisonei I cannot say if you loaded the piece at the time. I did not "-co you load it. To Mi. N.uighton When T say "his piece," I mean thu piece the piisonei was cariymg at the time. The above deposition \va*> taken and swoin at the militia hospital, Otahuhu, on the 21st Maj', ISG4, by Jill Conninsbionei Naughton, J.P. All the witnesses weie bound o\ei to appear, in tho usual manual, and the ptisoncr was leinovod fiom the Cbuit.

HKEiCir 01' lIAUBOUK nrCULATIONS. A charge of hi each of the liaibour H'tfuUtious against Captain 11. Wilbon, of the ' T. E. Millcclgo,' was \uthcha\Mi.

JSSUBOHPTNA lION. TCeniy Tunis a seaman, belonging to the sclioonei ' Yaua,' was chained w itli notous 01 disonleily conduct on bo.tul ship, and ha\ing pleidcd gvnltj, l\o Wfts fined -10= , oi se\en d^s'impiisonmeut. James Gill, a piivate in the 2nd B.itUlion 18th Ecgiinent, w is cluiged with having stolen a blue sci^e co it, at Ot.ihnhu, on the 2Gth instant. John Thompson deposed that hu was bai keeper at Piogcis' hotel, Otahuhu, and knew the pusonei. Jlad ccen him off and on in the bar. Wts going to bed, between 10 and 11 o'clock, on ThuisiUy night list, and n.Lt the piisonei at the bottom of the btan^, coming down. Siw that lie had something undei Ills nun, but it was not concealed, lie made f<n- the dooi Haul, "What's that on h.no got Pi Nona did not ii|ily, but made foi the dooi. Followed him, and the pnsonci diopped the coat on the 10a I. Dul nut stop to pick up the coat, but kept the pnaonei in view until he was taken. The coat pioduced is the same covt tliat the piisonei had. Mi. llogeis came out aOiwiuß The coat and the piisonei wcie both gi\pn up to Constable Negus. (Jio=s e\amined by the pii-onei Did you see mo dunk anything m the hotel ? — No. Puljou find anything on me' — No. JimisU'illb deposed that he was manager oC the (Ji i tenon Hotel at Otahuhu The coat now piodueed was bib piopcity, he wluetl it afc XX. b.iw the coat last mliH bcdioom, on ThuiHlav nioining laot. 'L'he coat w i, biou»ht to him kibt mgl.fc, between ten and fori o'clock, when the pnsonor was appiehendcd. The piisonei vas not then piessnt. V) illiam Ne"us, countable in the .aimed police, stationed at Otahuhu, deposed that the pii^oncv was gnen into his custody last mghl, 'jj John T!iomp,on, foi stcilui" the omt now piodueed The coat is the same as that identified by the last witness as, his propu ly. Cio^exanniie'l by Hip piisoner: Tbouchcd 3011, and found nothing on you but thico sticks of tobacco and bkpence. ... The pn«oner heie made .a stat'Miicnt He said lie had "tMie into liogeis la&t night with two of the Llth Ke-unont, «nd tliey had a bottle of nun, and two bottles of ale. They went outside, and one of the men said, " Hcic ib a coat a young fellow has stolen. You L-ne it." I said I would have nothing fco do with U. 'J-hc men then cune out of the hotel, and L was the fust caught, and they said 1 had stolen the CO it. ! 1 I The piisoner was Sentenced to fomteen dajs haul laboi.i m tho conviion gaol. The Comb then io s e.