OPOTIKI. MURDER AND ACCIDENTAL DROWNING. (FROM OUR OWN CORRESPONDENT.)

Daily Southern Cross, Volume XXII, Issue 2809, 27 July 1866, Page 4

OPOTIKI. MURDER AND ACCIDENTAL DROWNING. (FROM OUR OWN CORRESPONDENT.)

Since my last we have been id great fear of an attack from the Maoris, constant rumours to that effect being current. On the 16th June, the Government p.s. 'Sturt,' CapUiu Fair-child, arrived from Tauranga, bringing the Ist detachment of the Waikato Kegiineut. 100 men of the Taranaki Military Settlers and Patea Hungers lefl in the ' Sturt' samo evening, at 8 p.m., for Wanganui. 1 June 19 : The cutter ' Sea Belle' arrived from Auckland, but brought no mail. June 24 : The cutter ' Whitby/ Doughty, master, ' arrived, bringing a ■mall Mnail and two passengers, direct from Auckland. June 26 : The cutter « Whitby Bailed for Auckland. 1 July 4 : The Government p.s. 'Sturt' arrived from Tauranga, bringing Captain Leggett, of the Ist Waikatos, Mrs. Leggett and child, and 3 women, but no soldiers. In the evening she sailed again for Wanganui, with the remainder of the expeditionary force, leaving only 100 men of the lit Waikatoa to occupy the Waioeka Redoubt, and do the duties of the camp. Colonel Lyou, who, 1 believe, has been appointed Judge of the Compensation Court, to be held here, proceeded by the 'Sturfc' to Wellington, leaving Captain Leggett in command, who, on account of the small force at his command, deemed it advisable to withdraw his men (25) from that outpost, which lie did on the night of the 4th or morning of the sth, so that for the present the frontier of the Opotiki Flat is abandoned — in little more than seven months after it was taken possession of. The surveyors were warned that it vras not safe for them to proceed with the surveys in the neighbourhood of Waioeka and Ohiwa; but, I believe, they conceived they could protect themselvts if provided with arms and ammunition, which having been given to them, they still continue their "labours in the immediate neighbourhood of the deserted post. On the 6th instant, rumours of the approach of the rebel spies to the camp were rife, and an ambush was laid for the capture of one of them ; but he either was made aware of their intention, or eluded his watchers in some way, for it is said be was seen in camp the same night. The abandonment of the Wairoeka seems to have made the rebels, who are in the surrounding bush, very bold, as they confidently expect to recover the whole of the laud here from the pakehas in two months. Kereopa, Patara, and others, being on a recruiting expedition just now, are expected to return with 400 men in a month, so the Maori newsmongers assert. It was certainly a most unpardonable act of folly on the part of iome person to remove the whole of the expeditionary force from this place before they had got an equal number of the Ist Waikato Regimeut on the spot to replace them. lam informed that it was rumoured in Tauranga that we had been attacked here, on. the 7th July ; therefoie, the schooner ' Joanna' was chattered to bring down 50 additional men (and Major St. John in command) to our assistance, but even with this additional force he does not seem to think it safe to re-occupy the Waioeka Redoubt, which still remains abandoned. So much for our efforts during the last seven months to keep the Opotiki Flat, at an enormous expenditure. The moment the expeditionary force is removed the frontier post is abandoned, and we shall very likely hear a cry from these military settlers shortly that they must be kept on pay for some time longer* as the country is not safe. Ido not wish to make light of the rumours of a new outbreak, when the services of the militia may be required, and that, perhaps, before my next reaches you ; but, really, where men are interested in being kept on pay, it is easy to understand how these rumours are got up, and how it may be advisable to abandon posts, induce the enemy to make fresh inroads, and then emploj these parties to drive them back again, and so on ad infinifcum. Why not retain the services of Colonel Lyon or some other veteran in-artns (unconnected with the regiment which has to be located here), in command of the district, and let him say what posts should be occupied and which abandoned ? Martial law is still in existence here. Why it is not now repealed seems to me a mystery, as there are nearly as many civilians as there are soldiers, if not more ; and yet not a single magistrate in the place. The want of one was very much felt the other day, when a most unfortunate occurrence took place. On the 9th instant Captain Leggett paid the men here some back pay, and, as usual, drink was more plentiful in the evening. At 7 p.m. a shot was heard, and it was at once supposed the' Maoris were at hand. On inquiry, however, it was found that one of the sentries had shot his comrade, who died in two hours afterwards. A party of volunteer* went to pitch a tent near the hospital, on the bank of the river, for the reception of the corpse, when one of the party (private William Gibson), whilst looking for a stone to drive the tent pegs with, the night being dark and wet, and he under the influence of drink, fell into the river and was drowned. There being neither coroner nor magistrate here, Captain Leggett, who was in command at the time, called a jury of 12 to hold an inquest on the bodies, on the following day, when it appeared from the evidence that Mrs. Harman (the wife of deceased, William Harman), and the sentry (Patrick Dolau) had had some kind of a scuffle prior to his shooting Uannon. I will, however, endeavour to get a copy of the notes of the evidence and forward to you. 'I he jury found that the deceased, William Harman, had been, wilfully shot by Patrick Dolan. The same jury held an inquest on the body of William Gibson on the 11th instant, before Captain Leggett, when a verdict of " Accidentally drowned whilst under the influence of drink" was returned. A question has now arisen as to what is to be done with Patrick Dolan, there being no magistrate here to commit him for trial.' I think the Government ought to appoint two or three' of the respectable settlers here to the Commission of the Peace, as it is even doubtful whether Captain Leggett had power to hold an inquest, as he is neither a magistrate nor a coroner. If so, the whole of the witnesses will have to be gent to Tauranga, or a Tauranga magistrate brought here for the purpose. The schooner 'Joanna' arrived here from Tauranga on the 14th, with 50 Ist Waikato Militia and baggaue. She got on to the bar, but was got off on the 15th. She is still lying in the river, As there is such a heavy sea on she cannot get out. The weather has been very boisterous and broken since my last, and still continues so. The following is a copy of the depositions :—: — Elizabeth Harman, widow of deceased William Harman, sworn, stated : Patrick Dolan, on the 9th instant, about 6p.ni, followed me towards Mr. B. White's store, and ran after me, and young Fanning, who was with me, threw something at him. She told her husband that Dolan had been beating her. The deceased then left bis tent, when Patrick Dolan, who was on sentry, called out " Who comes there ?".when deceased answered, " A friend" twice. The sentry, Patrick Dolan, made answer, "Friend ! you ,Iwilllet youknowwhol am.' I also heard some other voice answer " Friend" simultaneously with the deceased. 1 then heard the report of firearms, when deceased called out, " Eliza, I am s-hot." I then rau out of my whare. lsaw my husbaud lying wounded, and bleeding from his hand and his side. There was no signs of blood about him when he left the house. I told Patrick Dolan that it would be a dear shot for him. JHe knelt on his knee, and put a cap on his rifle and said he would shoot me too. Ido not know whether the rifle was loaded or not. Corpoial Murphy went to the assistance of deceased, and on hearing him make use of these words to me said, "No, friend, you will shoot no inora here. " Patrick Dol*n then said, " Yes, d — you; and £ will shoot you too," addressing Corporal Murphy. He (Corporal Murphy) then called for the guard, and assisted in disarming him (Patrick Dolan). He was neither sober nor so drunk that he did not know what he was doing. Marianne Fanning, being sworn*, stated : I was standing outside my whare at Opotiki at 7 p.m. on the 9th instant, when I heard the sentry challenge " Who comes there?" and he was answered by some persons at a greater distance, " Friend." Immediately afterwards I heard the report of what I believed to be a rifle shot. Corporal Geary deposed : Heard a shot fired about 7 o'clock on the 9th July, 1866. I then went in the direction of where I heard the shot fired, when I found Patrick Dolan, who had been sentry, in custody of private Moor and private McCormick. Corporal Murphy was standing near, and told me to take him to the main guard. I saw the deceased lying within, two paces of Patrick Dolan. Previous to this, Mrs. Harman came to me a quarter of an hour before, and reported that a party or -one of the guard (the sentry) was pulling at her. The sentry was about ten or fifteen yards from his post at the time I saw him in custody. Dolan was excited/ I could not swear he was" drunk, nor yet that, he was sober. He was sober a quarter of an hour before. • Corporal Murphy, sworn, stated : I was in my whare about 7 p.m., 9th July, 1866. I heard a shot fired. I then ran out in the direction from whence I heard the [shot fired, and found deceased lying down on the ground, and found he was bleeding from the hand. I turned him over, and found he was wounded in his side. Mrs. Harman was standing

tlii'if, whe.i puvate Dolan, who w m on his po^t its sentry, about len yards from deceased, said, " Yuu , I will shoot >ou too. ' I said nothing to him at the time, but immeJiately afterwards, seeing him drop on his knee at the present, said, " No, my friend, you will shoot nobody else now." He had a cap ou his rifle. I called for the guard, aud told puv.ite Fanning to take bis rifle. Deceased told me that Dolan had fired at and shot him. 1 cannot say whHber Dolan was drunk or sober, as it was too dark at the time ; he appeared excited. Private Thomas Fanning, sworn, stated : 1 was on the quarter-guard, stopping in the guard wharf, about 7pm., on the 9th July, 1866, when I heatd x shot fiied. I ran to where Dolan was, and found < 'orporal Murphy holding him by the neck in one hand, and the rifle in the other. I took the rifle from him. I beard Dolan say, just before I got up, " You , I will shoot you too." I found a fresh cap on the rifle. I cannot aay whether it was loaded or not. i had to go on guard immediately, and gare up the rifle to some other person. I should say he was sober. Corporal Acraman, sworn, stated : Last night, about 7 p.m., J heard a shot fired' near or in the Maoii pa. .Ran down towards the quarter-guard, and found private Harman, who recognised me, and said, "I am shot through the belly." He then said, " The sentry shot me through the belly, and I think it is a bad case with me ; I think lam going to die." I helped to take him into his whare. Harman waa about eight or ten yards from his whare when I found him lying oh thegrouud. Surgeon J. Henry, being sworn, Etated : About 7 last evening I was called, and told a man had been shot by a sentry. When I got there,jl found private Harman laying on his bed in his whare, his clothes on him, and opened in the front. On examining him, I found two wounds in his abdomen, one about twb inches long', to the left side of th"a navel, through which the intestines protruded about 1£ inches j aud above that there was a bullet wound. He was vomiting, and appeared to be suffering considerable paiu. He gradually sank, and died in two hours aud a-half. There was a bullet wound in the left hand. Sergeant Smith, sworn, stated: Last niaht, about 7, a rifle was handed to me by private Fanning, aud on examining the number on it, I found it belonged to private, Dolan. He examined it, and found it had been recently discharged. There was no cap on it when I got it, but I found his cap pouch open. I got the rifle about 10 minutes after I heard the shot fired. „ Sergeant Turner, sworn, stated : I heard x challenge by the sentry at the quarter-guard, at 7 p.m , when 200 yards distant. 1 did not answer the first time, as I thought the distance too gteat. The second challenge followed, at about one minute after the first, when I answered, and immediately saw a flash and heard the report of a riflw, from the sentry posted at the quarter-guard. About 10 minntes afterwards I saw Patrick Dolan on his way to the guard-room. He then drunk. The jury found that " William Harman met his death, at Opotiki, on the 9th Jnly, 1866, by reason of a loaded rifle having been wilfully discharged at him by private Patrick Dolan, whilst on sentry."