RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume 15, Issue 2012, 9 December 1870, Page 3

RESIDENT MAGISTRATE'S COURT.

TUESDAY, DISCKMBEII 6. (Before Singleton ltochrort, Tssq., 8.M.) 11REACH OF SHEEP ACT. Peacock v. Cannon. — This was an information laid by plaintiff, as Inspector of Sheep, against defendant, for having, on the 28th November last, removed from a paddock near Clive 117 sheep, without a driving certificate according to form 1 iv schedule B of the Hawke's Bay Sheep Act, 1870, and contrary to the provisions of section 12 of said Act. The defence was that defendant had removed the Bheep in question at the request of plaintiff. The following evidence was adduced : — Gavin Peacock, Inspector of Sheep for the Province of Hawke's Bay, being sworo, deposed : — I was gazetted on the 22nd of November. Defendant resides at Clive ; he is a labourer, and owns both sheep and cattle. From information received, to the effect that defendant had diseased sheep on a public road, I went to the spot and saw the sheep there. A number of them were very lame from foot rot. I went to defendant and asked if the sheep were Ma. He said they were. The defendant's land is only partly fenced. He rents, in addition, a piece of laud from Mr. Rhodes, which is altogether unfenced. In consequence of the absence of fencing, the sheep stray all over the country ; so that Mr. Rhodes and others are afraid to drive sheep along the public road in the neighbourhood, for fear of contracting foot rot. I found, in all, 117 sheep on the road ; defendant said he owned them. I examined four or five, and found them infected. Some of the sheep were in a paddock of Mr. Hamlin, about ten chains from defendant's property. I asked defendant if he was aware that the sheep had the foot rot. He said he believed one or two of them were touched. I did not request him to remove the sheep from his own paddock to the road. The position of defendant, as regards pecuniary matters, is not good, and I believe he was ignorant of the Act. The magistrate fined defendant £2, with costs Bs. Defendant stated his intention of killing all his sheep as soon a3 he got home, that he might not be troubled again.

CIVIL CASES. Topping v. Chaundy. — A claim for the sum of £3 13s. Od. The debfc was admitted by Mr. Lee, who appeared for defendant. He asked merely that time might be given to pay, on the ground of the defendant's poverty. John Chaundy, being sworn, deposed : — I live near Havelock. lam a labourer. I have a wife, but no family. I have earned very little money for four months past. I had to pay away all I did earn in the settlement of other debts. I owe still about £20. I have the contract for carrying the mail to the Kereru. Judgment was given for the plaintiff for the sum claimed, with costs 195., amounting in all to £4 12s. 3d. The first half of this sum was to be paid in April, the next half in July, 1871. Two cases — Roper v. Wilson, and Wilson v. Roper — were adjourned, on account of the absence of Mr. Wilson on Government business in Wellington. AIDING AND ABETTING AN ESCAPED PRISONER. Miller v. Grant and Beckham. — This was a charge brought against Alexander Grant and William Beckham, sawyers and splitters in the Raukawa Bush, for having unlawfully and feloniously aided one Henry Williams to escape from Napier Gaol, by harbouring and maintaining him. The following evidence was taken : — William Miller, being sworn, deposed: — I am keeper of the common gaol at Napier. I have been employed in that capacity since June, 1868. I know a person named Henry Williams ; he is now a prisoner in the Napier Gaol. He was sentenced on November 19, 18G9, to ten years penal servitude for horse stealing by the Supreme Court of the Wellington District (His Honor Mr. Justice Johnston presiding). I was in the court, in charge of the prisoner, when sentence was passed on him. I brought him to the prison thereupon. His sentence has not expired, and he has not been pardoned. On November 21, Williams, John Campbell, Thomas Dureen, and John Hammond, broke prison, while doing work at the rifle-butts in Napier, under the guard of Daniel Browne and Michael Scanlan, two of the officers of the Napier Gaol. I was not present when this occurred. I had seen the gang at work half-an-hour before I received notice of the escape. I was first informed of the escape by one Macarthy, and ascertained the correctness of the information on going to the riflebutts. Williams was brought back on or about the 29th ult., having been absent eight days. Two Maoris delivered him into my custody. One of the prisoners being asked if he had any objection to make, mentioned that the date of the apprehension was incorrect. It was the 30th. Examination continued. — I know the prisoners. I saw them for the first time on the morning of Saturday, the 3rd December, in their whare, about three miles from Ellingham's public house at Te Aute. I went there to arrest them for harboring and assisting the said Henry Williams after he had escaped from the prison at Napier. I knew they had aided and harbored him, from information I received from Williams himself, on the night on which he was brought back to prison. I had a warrant, signed by James Anderson, Esq., J.P^_±q x apprehend the prisoners. It was about six or seven o'clock in the morning of Saturday the 3rd December, when I reached their whare. Thomns Scully, Inspector of Police, was with me. They were at breakfast when we arrived. There was a third man there also ; he was at breakfast too. John Miller is his name. I asked them if Williams had left any clothes at their whare. I told them that I had come to look after these clothes. They said that he had changed his clothes before he came there. Mr. Scully was present at the time. The two prisoners and John Miller joined in telling me how Williams had changed his clothes befare he came to their whare. 1 asked them could they tell me how he became possessed of their clothes. Grant said he would say no more till he went to town. I said, well, you shall go to town. Mr. Scully took charge of the two prisoners whilst I searched the whare. I found nothing belonging to Henry Williams, We then brought the prisoners to Napier in the

stage coacli. When Williams was brought b.ick, he had the clothes produced on him, besides a pair of boots belonging to the prison. These aritcles consist of a monkey jacket, a Crimean shirt, a pair of moleskin trousers, a black felt bat, and a sheath knife. Of my own knowledge I could not say that Grant and Beckham knew that Williams was an escaped prisoner. My reason for believing that they did was from the statement of Williams to that effect, made in the gaol. I told Grant that I could prove that Williams had bis coat on when he was brought back to the gaol. Grant said Williams had stolen it. Williams bad told me that John Miller had been drunk and fallen into the fire, and that he (Williams) had pulled him out of it. I found John Miller's legs recently burnt. It was on this account that I did not take him as prisoner. By Alexander Grant. — I can't exactly say whether Grant or I first spoke of the coat worn by Williams when brought back to the gaol. Williams said he had got tea, sugar, jam, a loaf of bread, a billy, and a sheath knife from the inmates of the wbare. Williams said he was told to take these articles by John Miller. By .Beckbam.— The whare is about ten or twelve yards from the spot where Beckbam was. By the Court. — 'The man with whom I struggled had the appearance of an elderly man, of dark complexion. I think be had black and grey hair. He had no coat oh. He is about my height ; not so stou.t. His hair was cut short, and his whiskers shaved off. When I knew him before, he had a moustache and beard. Robert Hollis, living at Poukawa, being sworn, deposed : —I am a carrier. I know both the prisoners. I have known Beckhao. for several years, and Grant about a year. They are sawyers and splitters. I have been frequently at their luhare, I know one Henry Williams, whom I believe to be now in gaol. I knew him formerly when he belonged to a scouting party at the Pohui. I saw him at Grant's wkare, on Monday, the 28 th November. Beckham was in the whare at the time. I went to the whare to get a gun that I had lent to John Miller. It was between three and four p.m. when I reached the whare. Before I reached it I saw a man, whom I believe to be Williams, with a pannikin in his hand standing near the door. As soon as he saw me, he went into the whare, and Beckham came out to me and asked me to come and look at a sheep that he had killed. Pie led me to the end of a pile of wood, and produced a box with bottled beer in it. I asked if Grant was in the whare. He told me no, that he had gone to fetch a bucket of water. I asked if my gun was in the whare, he said that Grant had taken it with him to shoot a fowl. I told him that I would go and see whether my gun was in the whare. He asked me to have a bottle of beer. I told him I would have the beer when I came back, so I went into the whare. I saw there, Grant asleep on one bed, and Miller on another, and the man that I thought was Williams sitting on the foot of Grant's bed. It was the same whom I had seen outside with the pannikin. I woke Miller and asked him for ray gun. As soon as I mentioned tbe gun the man supposed to be Williams jumped up and caught hold of me by the throat ; I was reaching out my hand for the *un at the time. I got hold of the gun ; when he saw that he let go my throat, and caught the other end of it. We had a scuffle. He got hold of a paling, and bit me across the back of the left hand with it. The blow stung my hand for the moment. I wrenched the gun out of his hand 5 then he ran out of the door and off to the bush. The whare is on the edge of the bush. I returned to the place where I had left Beckhara. I found the gun was not loaded. Beckham asked me to have a drink of beer. He and I drank a bottle ot beer between us. He said he knew that I was a colonial, and that I would not say anything about it. I told him to say no more ; that I knew who was in the whare, and said, " Look at my hand bleeding." I then went with my bullocks to my own lohare, where I unyoked them, and got my horse. I then went to Mr. Ellingham's publichouse, where I found Mr. Scully. I told him that I had seen a man, whom I supposed to be Williams, at Grant's whare % and told him everything that had happened. Mr. Scully and I went back directly to the whare, passing the native pa, on our way. Three natives joined us there. We went to the luliare and searched it, and also the bush, but did not see the man who had struggled with me for the gun. I see these articles of clothing now before the Court. I know the hat only. It is one that I left in Grant's whare some weeks before I had the struggle for the gun, having got another there, as a present from John Miller. Grant and Miller bad monkey jackets ; to my knowledge they had bought them from Mr. Chapman, a sheep farmer in the neighborhood, during last winter. They were not unlike that produced. The case was then (6 p.m.) adjourned till 2 p.m. on the following day. On the same day, about 7 p.m., the Magistrate accompanied by Mr. Hare, clerk of the Resident Magistrate's Court, Napier, brought the witness Hollis to the gaol to see it he could identify, amongst the prisoners, the man with whom he had struggled for the gun. The prisoners were mustered in the yard. He first pointed to one named Arthur Wellesley ; then to one named Henry Willliams, as being the man. Examination resumed. — The last man whom I pointed out is the man with whom I struggled for the gun. I cannot account for my pointing out Arthur Wellesley as the man. Henry Williams was nearly as pallid ns Arthur Wellesley when I saw him at the whare. lam not positive that the man whom I secondly pointed out is the fancy he is the man. I

WEDNESDAY, DECEMBER 7.

Miller v Grant and Becltham. — The bearing of this cnse was resumed fit 2 p.m., when the following additional evidence was taken :— Thomas Scully being sworn, deposed. — I atn Inspector of Police for the Province of Hawke's Bay. I have known Beckham for some time. I saw Grant for the fii-3fc time on the 28th of November, at the whare abovementioned. About 5 o'clock pan, on that day, I was informed by Robert Iloliis that he had seen Williams there. I was at Ellingham's when that information was brought to me. Hollis conducted me to the whare. We went in quest of Williams. On reaching the whare some other people . joined us. We searched ihe whare and the adjoining bush, but saw nothing of Williams. I found Beckham in front of the uihare. I

asked him to tell me what direction Williams had taken, and at what time he had left the icTiare. lie di-nied having seen either Williams or any other stranger (here. Grant was outside the ichare at the time. I j went to the place where he waa standing. J Fifteen or sixteen of our party were searching in the bush at the time. Grant said that a man had been stopping there whose name he did not know, and whose appearance he did not like, and he had hoard the man say that he had dropped his firearms. He said that ho had told the fellow to get some grub and be , off from the premises. I asked him if he knew what direction he took. He said that he had stated that he was bound for the Patea country ; that it was possible I might fall in with him in that direction, and that I should search near a lake the other side of Te Aute Hills. Both Grant and Beckham went away from the wliare and did not re-appear there that night, nor on the following morning, up to six o'clock. The morning was very wet. I went in the direction indicated by Grant, to search for Williams. I also traced footmarks in the direction of the lake. They were very faint, on account of the rain. Corporal Farmer, Robert Hollis, and a native, accompanied me in the search. When we had passed the lake about three miles, I sa w smoke in a bush on Mr. Douglas's run. We had separated, but had kept each other in I sight. The native wa3 with me, and Farmer and Hollis were together. We were travelling in pairs. We were about five miles apart when we saw the smoke. We met on the right hand side of the bush, and made our arrangements to approach the fire from different directions, leaving Hollis on the hill to watch. The bush was in a gully. We three came to the fire. We found no person there ; but there were marks of some person having been there very recently. There was a bag hanging on a stump beside the fire, which contained some tea and sugar, mixed together, and a damper of three or four pound weight, also a jam tin, nearly empty. An old railway rug was lying alongside on another stump. We searched the bush all day ; kept watch at night, and resumed the search next day. I then sent Corporal Farmer to Waipawa, to telegraph to Mr. Ormond what had occurred, and to look out at Waipukurau. On the afternoon of the Ist, I heard of the arrest of Williams. I was at the Wakapirau Bush at the time. I arrived in Napier on the night of the Ist, and remained in Napier that day, having to attend the funeral of a member of my own family. I started again, with Mr. Miller, on the night of Friday, the 2nd inst., about II o'clock, for Te Aute. On the morning of the 3rd, we reached Te Aute. We then went, in the first instance, to the place where Beckham ordinarily lived. We did not find Beckbam there. We then came back and had breakfast and fed our horses at Ellingham's. After breakfast we went to Grant's zvliare, where we found Grant, Beckham, and a man named Miller at breakfast. Mr. Miller arrested these two prisoners, and brought them to Napier in the stage coach. Miller, the third man in the whare, was very severely burned about one of the legs, so much so that he was not able to walk. To Alexander Grant. — You promised to do all you could to obtain information for me relative to the whereabouts of Williams, on the night of the 28th ult., but I saw no more of you until the 3rd inst., the day of your arrest, although I remained all the night of the 28th in your whare. The prisoners were remanded for three days to allow time for an application being made to the Supreme Court at Wellington, authorising the Gaoler to bring Williams before the Resident Magistrate's Court at Napier, in order tbat bis evidence might be taken. If more than three days elnpse before an answer to the application is received, the prisoner will be again brought up, and again remanded. The reason why the remand was not fixed for a longer period in ! the first instance, was, that if it had been so, the prisoners must have been sent to the gaol, instead of to the lock-up, and, in view of the circumstance that Williams was in the gaol," it was not thought desirable that they should be sent there.