SUPREME COURT.

Evening Star, Issue 3488, 28 April 1874, Page 2

SUPREME COURT.

CRIMINAL SITTING. Monday, April 27. (Before His Houor Mr Justice Chapman and a Special Jury.) REGINA V. LONG. Evidence was given as follows : Andrew Kerr, coal miner, Green Island : I knew the deceased, Nicholas M‘Donald. I saw him once before the '2Bth of February On that night he came into the bar of prisoner’s hotel—the Kaikorai Hotel, Green Island—while 1 was in there. It was between eight and nine o’clock at night. Donald M ’Sweeney was with the 'deceased at the time, and I was in company with one Daniel M'Loughlin. When deceased and MSweeney came in, M‘Sweeney asked me to have a drink, and threw down eighteenpence to pay for the drinks. Prisoner re-

fused him, and said he would give him no drinks. M‘Sweeney cams in and told prisoner to give him the drinks, as he was going away home. We got the drinks. I went out to the door, and deceased and M‘Sweeney were " capering away and I asked deceased -to let M‘Sweeney alone, and I would take him away. M ‘Sweeney was pretty much the worse for drink. M‘ i )onald had get a glass, but I could not say be was anything the worse for drink—or much the worse. I went to open the door a little, and deceased turned to go in, and prisoner shoved him out. Prisoner was behind the bar when he went round and turned them out. He shoved first one and then the other out. I think he shoved M‘Sweeney first, and then the deceased. After - they were pushed out I could not say whether the door was closed There was a big fellow [Mr Barton objectcd to anything being stated in evidence which the big fellow did, if it could not be

proved accused was present. After argument the question was allowed!] This big fellow—l could not say he was the man L saw before—ran deceased out into the road, and knocked him down and kicked him, and then ran into the bar by the front door, and then I saw the door closed. I could net say whether the door had been open before, or whe- \ fcher ft was expressly opened to let him in Then deceased lifted pretty big aod rough stones and threw them at the door. He ?? x^5 rail tk® door with either his head or his fiats, and hammered at it with his fhts head, or something of that sort, with which, I cannot say, 'the next thing that happened was this; prisoner came round from the back of the house—-he came round from the side nearest to town—and deceased was amongst a crowd of people— l could not sea him at the time. There might have been from fifteen to twenty people, as near as 1 can guess. They were standing before the hotel—some nearer and some farther away; smne near the hotel, some near the road Then [ a flash of fire, and heard a report of a pistol. The flash came from prisoner s hands, and prisoner fired the pistol, i was between eight and ten yards from the prisoner at the time. I noticed the prisoner particularly when he was in the act of firing the pistol. He held up hi? bands in a shoot’

ing position. He held both hands up. Alter the pistol was fired, I heard a man or men call out—“There’s a man shot.” I could not say who called out; there was a good deal of noise at the time. X then went away, I don’t think the prisoner was there when the cry was raised of a man being shot; he had gone away to the back of the bouse by the same road as he had come. 1 did not hear prisoner say anything either before or after he had fired the shot; prisoner might have spoken and I not have heard him. I think prisoner would have been about four nr five yards from the corner of the house when he fired the shot. He might have stopped a second or two after he fired—that would have been all—aad then turned round and went away. By Mr Barton : I have known Long since he came to the district, some four years ago For anything I have ever seen, he was a quiet, peaceable, orderly man. He always used me civilly enough, and 1 never knew him to use any one else uncivilly. Up to eight o’clock on this Saturday evening every-

thing was quiet at Long’s house while 1 was there. I oan’t say M‘Sweeney was swearing, or that deceased was cross. I never told prisoner to give them drinks for quietness sake. M‘Sweeney was: thumping the counter. Mr Long might have removed the glasses to keep them from being broken. 1 will not-swear that the deceased thumped - the counter. I don’t remember prisoner coming from behind the bar, and saying, “My good men, go home.” I did not hear him say, “If you want to make a Bedlam of my house, I won’t put up with it.” I did not bear, him swear, and deceased say, “ Who is here that will put us out Prisoner shoved both M‘Sweeney and M‘Donald out, but in what way 1 did not observe. Deceased very nearly fell. I did not hear deceased say, “You son of a so-and-so, yon won t put me out. ” 1 1 had gone out, and was then crossing the road. I heard the door .slim, but could not say prisoner closed it. I did not hear prisoner recommend Kane to in and have nothing to do with the rowdies. I believe he would have been dissuading Kane from fighting, and not hounding him on, but I did net hear him >

John M*Kay, living at Abbot’s Creek, said: The first time I saw M‘Donald was the night on which he was shot. I saw him in front of Long’s hotel. This was about a quarter before 9 o’clock. He was then standing outside the door doing 'nothing. Donald M'Sweeney was with him. There was a crowd of people besides. 1 don’t know how many. I saw M‘Sweeney and M‘Donald go into the hotel together to have a drink The door was open at that time. I saw -Long push M‘Donald out of the door, and then Al‘Sweeney. Kane knocked McDonald down and kicked him. Long was then inside the hotel. The very minute Long shoved' M‘Donald out of the hotel Kane knocked him down twice, and kicked him. Long then called out, “That will do; ho has g t enough. Come inside.” M‘Donaldflungstones. One struck the verandah-post; and another the door. M‘Donald then kicked the door with his' feet. Long came out and said, “ Stand aside If no other man will protect my property 1 will do it mjgielf.” He then lifted up his arms and shot the man. I was within about a foot of Long when he fired the shot. ■ Long went back the same way that he came. He said nothing that I heard after he fired the shot. When Long came round the comer of the house he nearly knocked me over. He was coming at a good pace._ On going away he walked. He was walking on both occasions. By wr Smith : M‘Oonald was standing in a crowd of people when he was shot. I saw him fail. There were fully twenty people pre sent, if not more, M ‘Donald was about the centre of the crowd. There were people standing between Long and M‘Donald.

There were people standing round about. What I mean to say is, that the result of Long’s firing was that I saw a man fall. •I. was present when Constable Anderson arrested Long. I did not hj ear the M ‘Longh ■ line, who were in the bar at the time, address any language to Long that night,— .Did you hear either of the M‘Loughlin» say to Long, “You b r, you are in for it now ; we will make it hot for you; we will give evidence against you 7” No, I did not.^— Did you see either of them shake his fist in Long’s face? No.—Did you do so? No, I said nothing whatever.—Do you know M'Loughlin was put to guard Long while Anderson went to search for the pistol ? Yes, but I did not see either of the M‘Longhlins shake his fist at the prisoner or do what you say.

James Lowry, fireman at. the Meat Preserving Woiks, Green Island ; On the evening of February 28, at about twenty minutes to nine, I was iu the neighborhood of the Kaikorai Hotel. I heard a woman calling out to some one not to kick her husband; and when 1 got to the hotel I saw M‘Donald kicking at the door with his foot. He ran at it a second time, but whether ho struck it with his fist or foot [ could not tell. I next saw Long come round the corner of His house, whichis nearest to Dunedin; hepushed up his shirt sleeves (he had no coat on), and put out his two hands. M‘Donald was then ten yards off the verandah towards Saddle HilL He was standing in the road doing nothing. I next saw the flash of a shot come from Long’s hands, and M‘Donald fell. I was distant about four or five yards from M‘Donald, and standing still. So far as I know, there was no one between prisoner and M‘ Donald. After firing the shot, prisoner turned on his heel and said, “ That is the way I serve such -as you, as injure my property.” He then went away, returning by the same side of the house as he came out. He walked as he came out and when he returned.

By Mr Smith: I was coming towards Dunedin when I first saw M ; Donald, and was then about ten yards away from him. there was a crowd, over a dozen people, standing in the road at the time. I was up to but not past the crowd, when I saw what M‘ Donald was doing. There was no noise going on when I gob up with the crowd. I heard M‘Donald say, “Come out. ’ There might have been a noise before I got up to the crowd j I have made a statement t® the police of the: evidence I could give. I gave it when I wa? summoned. I was not examined at the Coroner’s inquest. I did not, when examined by the police, give a different version of what the prisoner said to what I have done to-day. Here is what you told the police : “ He appeared to roll up his sleeves, and said, * Come on here.’ ” Did you say tuat ? —1 did not say that; I did not hear that at all. I don’t remember saying that; but I’ll net swear L didn't say it. If I have forgotten it—l did forget iL I will swear that he said the ofcuer words. Is it not true that you have been present at conversations when the whole of this case was gone through or talked over at Green Island ?—Yes. Have you not heard people there say that Long said so anti so ?—No; I have never gone by what people said. Have you not heard tin whole case talked over in public-houses and other places since Donald’s death?— Yea And, among other things, you heard words Long is supposed to have uttered?—! hoar*, words repeated that Long used after firing the shot. Just as I thought, you heard people talking about it. The people talked in your presence of what Long is supposes to have said, and the fancy has got into youi head that Long himself said what is attri buted to him ?—I don’t fancy anything the sort; I heard the words myself. Suppose people say they were standing within u Long, saw him immediately after he fired the shot turn eu hie hfeel and return to

the back of the house. Will you then under* take to swear that he said the words you attribute to him ?—Yes, 1 will swear it. [ *is Honor ; Suppose a man stood within a foot of Long—and it is only right to tell you that a-witness has so sworn—and did not hear any of these words, would you still adhere to your statement that you had them ? —Yes.] Then you will still swear you heard him use these words?— Yes, i will. 'Jhs man who stood next to me heard him. Do vou go by what the man next to you heard ? —I go by any man. I go by what I saw and heard myself. lam certain it is the truth lam telling you. What you tbiuk to be the truth,?—l don’t think at all. Your recollection must have been clearer when you made your statement to the police than it is now ’—Just the same, I suppose. Will you admit that your recollection has become indistinct in regard to this matter?— Yes. In the face of that admission, and the fact (bat

a man who stood within a foot of Long, swears he did not hear him say anything after firing the shot, do you adhere to the statement that. Long used these words,?— Yes. I heard Long utter these words after he fired the shot. You stick to that?— Yea, I do. John Spence, miner, Green Island: At 8.30 on the night of February 28, I was in the house -of Mr Clarkson, opposite the Kaikorai Hotel. I left there close upon nine, the noise I heard at the hotel causing me to leave. I saw a crowd, and the prisoner come round the end of his bouse. He, was in his shirt-sleeves. He said something about defending his property, but I could not catch the words. He then raised his two arms in front of him, but to their exact position I could not swear ; and 1 saw the flash of a pistol He made a remark to the effect “ That is the wajr I serve such —— as ye are.” fie said this immediately after he fired the shot. Shortly after, he went round the house, the way he came. After the flash of the pistol 1 saw a man lying about three yards in front of me. A match was struck to see where he was hit, but we could not tell. Someone then lifted him up, and we saw he was struck above the right temple. He was lying on his right front: that is, half on his side and half bn his front. I did not know the man. [ afterwards assisted to carry him to his plaie. I he spot where deceased was standing .when shot was about thirty feet away from the house, and on the upper, part of the road towards Saddle Hill; and the prisoner was standing three or fear yards from the verandah, nearly opposite the window, at the end nearest Dunedin. .

By Mr Barton: I knew Long for about eight months. So far as I could see, he was a peaceable man and very-obliging. Besides this one, I only saw one other row at Green Island. The second cue was the night after this row; it occurred at hagerty’s Hotel; and much the same parties were engaged in it. I know the M‘Loughlins, JohnManderson, and Daniel Spence. The latter is my brother.—have you, ever since Long shot this man—for lam not going to deny tnat ho did shoot him—been in the company of any of these persons ?—I was in their company the night the shooting occurred.— hid you ever hear of a harrow belonging to a Mr Johnson being pulled across the road one night by some of your acquaint anees ?—No, Do yon not know that the man keeps a leaded gun for fear of the Maadersons, the M c Loughlins, and the Spences ?—1 beg you will excuse me. Well, for fear of the Green Island larrikins ? Did vou not know as a fact that Mr Allan’s baggy was thrown down one night and smashed to pieces by your brother and these other parties ?—No. Did yon ever hear that they waylaid at night a man whom they mistook for Mr Allan, and very nearly killed him before they found out he was not Mr Allan ? —No. , Did Allan ever tell you he keeps a loaded gun in his possession ?—I never spoke to him in my life. Would you be astonished to learn tnat he does keep a gun to shoot any person with who injures bis property—especially the Green Island larrikins ?—Ho is a fool. (Laughter.) Nobody ever injured me. No, because you are a Spence, and are among the privileged class—l am very happy to hear i«. (Laughter.) I ask you again; Do you not know that Green Island is the most larrikin district in the Province ?—I can’t say that. If a man who stood only a foot away from Long will swear that he never heard Long use the words attributed to him, will you still say that he used them?— Yes. 1 an sure of that. I was not one of the parties that hooted after Long. If stones were thrown at his windows, it took place after 1 left. I consider myself a respectable man, and have had no occasion to guard my property at Green Island. The Court then adjourned.

Tuesday, April 28.

The hearing of the charge against Patrick Long was continued this morning. James M'Loughlin, miner; I was at the Kaikorai Hotel on the night of February 28 at about halt past eight o’clock. I saw deceased there trying to get through the bar door with another man, and prisoner keeping them out. Deceased asked what he meant by shoving him out, and said that if prisoner wanted fighting he had better oome outside. A big man named Kane then came out and Eushed deceased on to the road, knocked im down, kicked him twice, and then ran in through the bar door, which was immediately shut. I was standing about seven yards from the hotel, in front of it. Deceased,when he got up, commenced to kick at the bar door, and cried out for the lellow who had kicked hiin to come outside. Prisoner then came round the corner of the house, while deceased was looking for his hat, a few yards in frout of the house, pushed up the sleeve of his right arm, and held up both arms in front of him. Then I heard a report of firearms, and saw deceased fall, prisoner saying, “ That’s the way I serve such b sas you, destroying my property.” He then turned round and walked back into the hotel the same way as he came. Deceased was lying on the ground, falling immediately the shot was fired. I was about three or four yards from deceased at the time of the shot, but did not notice if there was any one nearer him than that. I found the wound was in deceased’s right temple. I did not hear deceased speak, and I went away for a horse, to see if I could get a doctor, but could not find a horse. When I returned deceased was being lifted up and harried into a stone house near. I saw deceased next at the inquest, at which I was a witness.

Cross-examined: Manderson and Spenae, living at Green Island, are not intimate friends of mine, nor is MTherson I never go on larrikin expeditions, or destroy people’s property. I have not threatened anybody with reference to giving evidence in this case, nor have I represented prisoner as a monster, or said his wife ought to hare boras ou her head. On the night he was arrested, I did not shako my fist in his face and say “ you —, yon are in for it now, you will never ceme back again, and we’ll give evidence.” I was informed against for throwing atoms at houses on June 17, and was fined, but I had done nothing of the sort. M'Pheraon and Manderson were two of those that were had up for it. The latter was fined forty shillings, or twenty-four hours’ imprisonment also. I was not in Court when the present prisoner “pulled” danderaon for using threatening language, oor was I in the bar of prisoner’s hotel when Manderson. was accused of using. language to prisM.es. I did not Jwl anty spite against priwfew in

[Mr Barton: I prisoner withdraws the charge against Manderson j he wis&ighteued. .The Crown Prosecutor: Does that appear, that Long was frightened?— Mr Barton: Nos but it can be: imagined.] I- know David and also M‘Pher#on, but! used not to go out for night sprees with them. I did not do auy injury to Mr Samson or his property, or to anybody else, though I was fined for it It is not a favorite expression of name to say “ I’ll cut your throttle out ” uor did I say that to my father in prisoner’s hotel. I never knocked my father down in my life, and don’t know if my brother Daniel ever did. I never saw my father with a black eye and bleeding nose, given him on the occasion of the funeral of a neighbor’s child. [Mr Barton read the evidencs Daniel M'Loughlin gave to the arresting constable, which stated that prisoner used the words to deceased before he fired ; and at the foot the constable had written, “ James M* Loughlin, ditto. ”] I say the words were used after the shot. I did not contradict my brother ; the constable just said, “ I suppose.you saw the same,' as you were present ?” and I replied “ Yes ” After prisoner was handcuffed in the hotel he went to open one'of the‘side doors, and Daniel remarked to Him that he had better stay till the constable returned to the room, which he had just left, hut used no threats. Prisoner replied that lit knW his own business. , I do not suppose prisoner was trying to escape. There was a good deal of hooting aha bellowing when prisoner was taken away, bat I did not hear this cry, “Let’s go and bum the b-—out,” meaning Mrs Long. I swear I did not say it, nor did I throw the stone which broke the window produced. I had nob been at prisoner’s hotel that evening before'the shot was fired. ■ Deceased did not rush pt prisoner when he was shoved out, bat Kane stepped between them. Kane did nob step m between to stop them from fighting/because he struck deceased directly, and then knocked him down. Kane dil not kick him very brutally; I hare not always said'he did. I did hot give, any information tp a

newspaper reporter that I know of. I did not tell one that it was a “ deliberate, coldblooded murder," or that was fighting between prisoner’s friends and those of deceased on the day of the murder. There was fighting on the following day I fi? hmow where the reporters obtained the information which appeared in the papers. I do not know by tight any of the reporters now in the court. 1 stood at an angle between prisoner and deceased, about seven yards from the former and five: from .the latter, so they would be about eleven yards apart [Mr Barton then' said, producing a map of the house and neigborhood : On tkis map the distance is said to have been thirty, three yards between prisoner and deceased j if your statement is correct, the- information oMie witnesses on which the map is founded must be incorrect. ' Will you swear to your statement?-Yes.—MrHaggitt; Really, my learned friend, there is nothing of the sort on the map. If yon will look carefully at it yon will see the distance is thirty-three feet, not yards.—Mr Barton;' inspecting the map: Ah I so it is—well, that will make this man’s evidence correct as to the distance.]

Re-examined; I was .not guilty of the offence of throwing stones, or of fighting, with which I was charged on., July, 3. I have lived in the Green Island district about twelve years, and am how. twenty yeats of a g\ Prisoner had nothing whatever to do with either of the charges agaimst me, Daniel M‘Coughlin, miner, of Green Island: I was at the Kaikorai Hotel at about eight o’clock on the night of February, with Andrew Kerr. We went in together, and saw a man called M ‘Sweeney come in, and deceased with him. They called for drinks, prisoner and his wife being behind the bar. I don’t think they got the drinks, but could not be certain. They went outside, came back again, and were again going out when prisoner , pushed them through the door. M‘Sweeney did not want to go : out, wid deceased was trying to get him. away. Prisoner shat the door when they were but Mrs Long saying be should not do so, as he was shutting the door on the public; and she then went round to open it. Deceased was standing outside, and asked prisoner what he meant by putting Mm oat, adding, if it s fighting yon want, you had better come outside. Kane stepped in between, and rushed deceased out into the road, knocked him down, and kicked him twice Deceased got up, and Kane knookfed turn down again and kicked him, and then returned into the hotel, the door of which was shut after him. Deceased got up and sunc out for his knife, “ till I cut your throttlb for kickingmmen, n and then 'threw one or two atones at the hotel. He kicked at the'doer for a bit, and then came off the verandah and stood away in front of the house. I saw prisoner come round the corner of the house and present something. I then saw a flash and heard a report, and turnihg round saw deceased lying on the ground. Prisoner

said, 41 That s th©' way 1 serve you b— ■ for damaging my property ”; but I could not be sure whether it was before or after tiring the shot. I lifted deceased up in a sitting position, and found a in his right temple j I then helped to carry him into the stone house.

Cross-examined; My father’s name is Peter, and he lives in tne same house as myself. 1 ani married, and my wife lives there too. [Mr Barton explained that he wished to subpoena these people.] I have read the newspaper accounts of this trial, and saw what some of the witnesses said. I was put on guard over the prisoner while Constanta Anderson was searching the house. Mrs Long and some men were , there, bat I did not use any threatening language to him i nor say “we’ll make it hot for you.’*’ i ]^‘Labe. was there after the constable reI lieved us from keeping guard. The constable took down my evidence in a note-book that night, when my brother was there; but I am not sure who was there besides. I could not say whether my brother heard what I •said, as he might have been thinking of something else. If people swear that deceased was jumping about the hotel because ho could not get drink before he was turned out by prisoner, or that M‘Sweeney did so, xt is false. M‘Sweeney was the worse for drink. I did not notice Mrs M Sweeney interfere, or get a bottle to take homo with her so as to induce her husband to go home. There was no row there at all. Ido not fight in hotels. I never knocked nay father down in prisoner’s hotel, but my father once knocked me down there. Pn-

■oner pushed deceased and M'JSwaeney out, standing behind them. Prisoner did not go out to nght deceased, nor did 1 see deceased rush at prisoner. Ido not know that if lgo near a fight people always think I am going to join in. I never waylaid Mr Allan, the schoolmaster, and beat another «v»a-n by mistake for him. lam not a larrikin, but I believe there have been some acts of forrfkinism in the district. lam not a Good Templar, but my brother is. Ido not know that ho combines larrikinism and Uood Templansm. 1 saw deceased kick at the door, and heard him call out the words already stated. If I stated to the constable and at the inquest that, prisoner used the h«°tm« 8t b t f i | b ! f0r »? he fired it may be true, but 1 dont remember if it wae before the shot.- I know he used them“[Sr witness to'be very partiwould hano Ueßtlon * M on ® answer S i g i ih0 1 P W 1 the other save 1 conjd not swear if it was before alter the shot. I do not remember any conveftiatibn at Eagerty‘st*he 'hight 'of iha murder as to the facts, kor ' wit'

that we should all say prisoner had used the Words after, ho fired,' If the constable has written 1 down thatl said prisoner’s wrtrcfs were‘‘lll pay such characters as you,” I don’t remember saying so, and he must have taken them down wrong. I did not notice that there was any moon on the night iu question. Thioirtas Clement Morelan, carpenter, of Green Island ; I was at prisoner’s hotel on the night of February 28. I was in the bar when a. man called. “ 8 otty”, was ther^.; I believe he was the man that was shot, bn 1 ; I did not. identify him after he was dea- t. I stopped inside (the hotel after the door was &bnt, and went into the billiard-room, open-

ing the door and looking out. 1 heard a noise outside and shut the door, going into the bar again, where I saw Kane, and heard some knocks at the door. After that prisoner came into the bar and wanted to go out by the front door, but Mrs' l ong would not allow him to do, so. Prisoner then left tlei bar l again by one of the side doors, and I heard a report in three or four minutes. Prisoner then returned into the bar by the sante door, and Mrs Long asked him what he had been doing. He said,- I ‘mast do something to protect my property' ” Mrs Long was in the centre of the bar wheh he returned, and both spoke quite coolly; Prisoner did not seem at all agitated! I did not see anything in his hand when he : went out

and returned. I then went outside and saw a man lying on the ground in front of the house. Some men lifted him up and carried ? the stone house; and I went hoine. Jdid n°fc hear anything from outside when the shot was fired but a sort of hum. • I 'did not go to see what was the matter, although I was surprised to hear the shot. I did not ask prisoner about the shot, even when Mrs Long asked him what he had done. Nothing connected prisoner’s > going out in my mind with the {shot. (Mr Barton said they did not dispute that prisoner bad gone out- and fired the was: beyond, dispute.) Cross-examined; I have known prisoner for over four years, and have always found him civil, obliging, and peaceful v Re-examined: Prisoner is not a friend of mine.*

Alexander Douglas, miner, ef Saddle Hill: I know the prisoner, android-him a sixchamber revolver about seven or eight months since, with a case of^cartridges,' .and a cover for the pistol. The cover produced I take to be it, but it looks rather cleaner, I think; than when I saw it at the' inquest. I loaded the pistol, and showed him how to fire it, when j field it to him in his own hotel. ’He put■ it under his;counter. ... It wasr a new pistol, and in.good order. Cross-examined: Prisoner put the pistpl in ft sort of drawer or shelf, near the beerengine. I can’t swear that it would be io good order after being in such a place for some months. lam not much accustomed to pistols. (Left sitting.)