SUPREME COURT.-Tuesday. CRIMINAL SESSIONS. [Before his Honor Sir G.A. Arney, Kt.]

Daily Southern Cross, Volume XXI, Issue 2544, 13 September 1865, Page 5

SUPREME COURT. -Tuesday. CRIMINAL SESSIONS. [Before his Honor Sir G.A. Arney, Kt.]

CIIARO'i OF STABBING WITH INTENT TO KILL. Paiirin'j was placed iv tho dock nnd airaigned on n charge of having, on I7tli August last;, feloniously stabbed Henri Tuie on the left side of the neok, ■with "intent to wilfully and maliciously kill and mur t {er him, at Orakei. The indictmont was varied wi'uli counts charging the prisoner with slabbing the I'.rosecutor with intent to maun, disfigure, disable, and do him grievous bodily haiin. Air. J. W. Preeco acted as intorpiotor, and voad tho indictment against tlio prisoner in his native language, and explained the major charge against him. Prisoner pleaded not guilty. Mr. Biookfield stated the case to the jury. Hemi Tine deposed : I leside at Orakei, and know the prisoner. I saw him on 17th August, at Oviikei, at Rovon o'clock in the evening. I was playing with Ilmiaiia for "nips" or jokincly. Tlio prisoner was sitting down and did not join in tho sport. The prisoner and I got up; I was advancing towards Iharnira when the piisoner jumped up The prisoner made a stab at the left side of my neck. Tho Wow did not hit mo, as I wauled it off with my ami. The knife cut me on tho fleshy part of tho left aim. The wound was but slight. I did not say anything to the piisoner. He next stabbed me m tlio neck without reheating. I had not tune to stop back. I was stabbed with a knife, and there was a great flow of blood — hVo water poured out. I didn't knowthis until next day, when somebody told me. (Knife produced.) It belongs to P.iunni. When Paurini struck me he was not taking part in the gamo with Iharaira «nd me I didn't hear prisoner say anything before ho stabbed. me. There were seveial natives present when I was stabbed. After the quarrel two months ago between us we had become f i lends and slept together, and had been in Auckland. We had been at the whaif gatheung mussels, dining which time we were in good humour and h.ul no dispute whatevei. W<> had no diink together befoio the occunence. Iliad not taken any drink. We left Auckland about 4 o'clock. Prisoner and I had a dispute of words about the boat, but no Mows. l'iia deposed: I live at Oiakei, and wastheieon tho 17th August, and saw the prosecutor and pri«onei. I saw piisoner stab Hemi Tuio with a knife. (Witness's evidence wis mainly cnimboiative of piosecutot's testimony.) After piisoiar sti.icli Hemi Tine witness took the kuife from him. It was besmeared with blood. lio, of Orakei, al*o g.we cnnnbni alive tc-tunony, and depo->ed to havmir he.ud thepusonci sny In li.nl a. grudge against I leim Tin e oil account of his h.i\ ing beittn him lieioip. ])i. J F. Cobh, who had attemlid the pro«o cutoi, described the nature and extmt of the mjiuics lieivcened. The wound m the neck went in two dilTeicut direction*, obliquely and hniuiuntally, and penetiatcil oier lialf an inch in one nait, and l.xtbei deeppr in another. Had tho wound penetiated half an inch deepei death would h.m» etiMied. The knife pioduced was Mich un 'libtrunu'iit a- would oui-o the wound inflicted. The wound was seveie, but the prosecutor's life was not 111 ri.iugei. Serjeant Claiko depo-ed to h.iung lecened the pnsonei into cu-tod> on tlie clm,'e of stabbing Hfim Tine, and jiindui-ed rh" clothing worn by tlic ]>risonc at the tune, winch was satinaled with blood, a'so the knife bcmcaied with Uluet Paul e\pl lined how the ])n~onei'.s. clothes weie co\ered with bloo 1. Ho stated that he lolled 111 the blood of the piosecutor. This closed the ca«e foi the piosccution. Pnsonci stul the paitj had been (liinkincj mm on the way fmm Auckland to Oi ikei, ami aUo when they got on shot e They di.mk seveuil bottle-, of rum. Ihcy conimt-nctd to w re- tie with each othei to test tlieu sUouirth. He sai<l Hemi 'I me had suuck him with something on the head, whether accidentally 01 otheiwise he could not sa}, when ho btucU him with a knife. His Honor chaiged the jury at coii'-iderablo len»th, and lead o\ei hu notes of the eutne ovi deuce. 'J lie jur}', without leaving the box, found the piisoner guilty of wounding \wch intent to do guovous bodily hat in. His Honor sentenced him to three 3 ears' imprisonment \\ ith hard labour. The Coiut was then adjoin tied until ten o'clock next day (Wednesday), when the case of the Queen , v. Davis foi seditious libel will bo called on.