ATTEMPT TO MURDER A WARDER.

Grey River Argus, Volume XIV, Issue 1712, 29 January 1874, Page 2

ATTEMPT TO MURDER A WARDER.

At the Resident Magistrate's Court, Hokitika, on Tuesday, Isaac Levi, a prisoner in the Hokitika Gaol, was charged with attempting to murder Robert Fergusson, a warder. The following evidence was given : — Robert Fergnsson : I am overseer of prison work. I was out in charge of the hard labor gang at the back of the gaol. Warder Kidd was also present. There were seven prisoners in the gang, including the prisoner Levi, who was cutting wood. Levi had an axe, and he complained that the axe he was using was not sharp. He said 1 1? ad given his axe to another prisoner, and that I had no rigljt to do so. I said that if the prisoner did not "conduct" himself, J would send him to the gaol, prisoner said I could do so and be d-^-r-^-d to me. I then told him to go to the gaol and leave the axe. Levi said he would not l§ave the axe, but would keep it to show the Visiting Justices, t tried to get the axe ; when Levi raised it over his head, and said, " I will knock your d-^ — d head off." He then struck at me with the axe. I was about two feet from him. He paused for a moment, turned the axe in his hands, and struck at me with all his force, I stepped on one side, the head of the axe passed over my shoulder, and the handle of the axe struck me on the left shoulder. He aimed at my head. I then knocked him down with my hand, and took the axe from him. When on the ground he caught me by the beard, and tore the 'Bkm off my face. He said "you-r — I will axe you yet." The axe produced is the one he assaulted me with. The other prisoners were scattered about, some ten, and some i twenty yards distant. The prisoner has been- under my charge for about eighteen months. ..'.' By the Court :. When the prisoner was : turning .the axe,. he was turning the" edge away from me. . •He struck with the back of ifc*;; -■;■■■.■. : .; •* ' 7 " •' : "■ Cross-examined fyy the prisoner : \yiien you left the gap 1 in/, the; morning you had the a.xc with you. You showed if to trig, and said it was no good to wopk with. You did not show me the axe when first you oame out, but after wo were iri the

I bush. I did.uot give your axe to another man. You complained that the axe was blunt. I said if you did not " conduct " yourself, I would send you to the gaol. • You said you would go. I told you to go to the gaol. You had an axe at the time. You said something about making a complaint to the Visiting Justices. You then went to wardsTthe" gaol^with^theaxe^otr? your shoulder. -I did not say I would, take Kidd's rifle) and he wouli go vp r to r the gaol with- yon. It was_ after, the assault I directedTKidd to take'youTo tfie" gaol. When you, were going in the direction of the gaol I told you to leave the axe behind you. Mr Kidd was close enough to see what passed. I did not come up behind you unawares. J did not throw you on the ground uritif after you had struck at me with the axe. Igaver r you co cause to; strike me with the axe.; •, ;. When you struck me with the axe you r fell first. I took the axe from you; when "• ■* ybri were on the ground, and gave it to Warder Kidd, . The prisoner Was committed for trial; ' ]