AFTER THE PICTURES.

Hawke's Bay Tribune, Volume I, Issue 84, 21 March 1911, Page 11

AFTER THE PICTURES.

ACCUSED COMMITTED FOR TRIAL.

from page 3.)

Re-examined by Detective Hill : He met Constable Doyle at the lower end of Milton road after escaping from Hannay, and showed him his wounds.

To the Bench: The shot produced was taken by witness from his leg.

Frederick Johnson corroborated the evidence of previous witness. The Court adjourned for lunch.

On the Court resuming after lunch yesterday, the examination of Frederick Johnson was continued.

To Mr. Dolan: He did not know of any one of his party speaking to Hannay. The stranger struck him first. Both he and Colquhoun asked for an apology, but accused paid more attention to Colquhoun. He had followed Hannay about 15 yards up the hill, but had not chased him. He had not heard any of his party speak to the girls in Hannay's company. They had taken no drink in a hotel that day, and was perfectly sober. He was called “Kaffir” Johnson, also “The Whaler.” He had not followed Hannay to within 33 yards of his gate, and did not know his house. He had, however, seen accused go into a gate and was probably within six chains of the place. He heard no one use bad language, unless it was Hannay. They wanted a straight-out apology that night—they had no time to see him next day. He had always spoken to Hannay in the street, and got a civil answer.

Re-examined by Mr. Dolan: He thought Hannay was about 60 or 70 yards away. His reason for estimating this distance was his knowledge that the gun could not carry very far. John Thomas Miller, a butcher in the employ of Selby and Son at Port Ahuriri, sworn, gave corroborative evidence to that adduced by the previous witness.

To Mr. Dolan: Johnson ran 15 to 20 yards further than he did in the direction of accused’s house. Witness had not been on Colenso Hill since the night in question. Witness thought that they were separated from Hannay when the shot was fired about 50 or 60 yards. Witness did not see Hannay fire, and did not see him go through any gate. He ran straight up the hill. Accused was walking toward the young women when they said “ Good-night ” to him. It was for this reason alone that Hannay came back “ looking for fight.” Witness did not know who first suggested going up to Hannay in order to ask for a polite apology. Thought it might have been the one who was struck in Dickens street. Colquhoun was the one who asked for an apology on Colenso Hill. Not one of the party said “Now we are going to smash you,” or anything else. No bad language was used in Dickens street or on Colenso Hill. The party of three did not go up the street and speak to three young women.

John Doyle, a police constable stationed at Scinde. deposed that he met Robert Colquhoun. Frederick Johnson, and Robert Miller at the bottom of Milton road. Searched tiie three of them and found no ammunition on them. Witness examined Colquhoun's hand, and found two marks, one on the palm and the other on the finger. He also found marks on the right side of Colquhoun’s buttocks, where the pellets had entered. There were small holes in the seat of the trousers. On the 14th instant witness received from Miss Hannay, sister of the accused, a double-bar-relled breach-loading rifle (produced). This morning Colquhoun handed witness a small leaden pellet. At a close distance, in witness’s opinion, a pellet fired out of a rifle would cause grievous bodily harm. The three young men in Milton road were sober.

Frederick Burrell, a constable stationed at Napier, deposed that he knew the accused from his coming to the police station on the 15th instant. He came in to see Detective Hill. Witness said that Detective Hill was not in. Hannay took out four cartridges, and said that there were the cartridges that Detective Hill wanted. Witness told him to wait, but the accused said he was in a hurry, and left them the used cartridges, Hannay said they were *he ones fired, but they wore similar. Detective »> uiiani Hill deposed that he arrested the accused at 4 p.m. on the 14th instant. He was informed of the charge, and asked if they had got the man who was punching in Dickens street. Witness asked Hannay for the rifle, and he said he would give it up. The accused offered to give witness some cartridges, which he said he would bring down. This morning witness measured the distance from

the spot where the scuffle was alleged to have taken place to the gate nearest Hannay’s house, and found it to be 10A chains. The distance from where the witnesses

? said they were standing and the I place from where the shots were : fired was 66 yards. To Mr. Dolan: The accused (gave every assistance to him in his i investigation. This closed the evidence for the prosecution. f Mr. Dolan stated that formerly, j in cases of this nature, the defence was reserved for the Supreme Court, but by recent decisions he would call his witnesses at once. John Young Hannay, a clerk, residing on Colenso Hill, Napier, deposed that he remembered the J3th instant. He spent the evening at the Thompson-Payne Pictures with three companions. After the pictures were over, they stood outside speaking to Mr. Mullany. They had been there about ten minutes when two young ladies he knew were coming down the street. One of them he had known since she was at school. Witness informed his companions that he would see the young ladies home, and walked towards them with that intention. On the way Colquhoun, Miller, and

Johnson were calling out to him. The young ladies told witness that three men had accosted them at ! the top of the street. Witness | went over to these men and remonist rated with them. They denied | calling out,- and Hannay replied ; that they did call out, and all the , people about heard them. Witness called the men curs and men who had not enough pluck to acknow- ; ledge it. The men closed on Han--1 nay. and witness knocked Colquhoun and Johnson down. He tried to keep out of the row. The language used by two members of the party was disgusting. A stranger . came along and said that they ’ were curs to all fight one man. j After some talk and bad language, • the strung* r ’ he would not stand language from anyone like that. The three insed on him, but i Hannay heb: Miller back. Johnson appeared to ha* c the stranger by J the ear with his :»n th. This took place -n the ground. A gentleman came along and told them to stop. -The siraiu.er was covered with

blood. Witness and friends went up Hastrns street parting with Roberta’ Kirkc.ddie’s corner. Witn-- ’hen home, down Emerson reef. up the steps by Spen and up on to Colenso Hill. 'V 'timing to the left to go home, lit ’ell upon Johnson. Miller, and Colquhoun. He did not see their. until he was quite near. As soon a* b ■ came near Colquhoun and Johnson said. “Now we have

you ; we’ll kick your b guts out.” They came close, and witness knocked Colquhoun down. Miller jumped on the left shoulder of witness, and Johnson on the

right. The fight lasted for some time. When witness was on the ground one of the party said. “Stuff a knife into the b- now.” Witness did his best to get away, and succeeded. On getting a few yards' away witness told them that when he met them in town he would have it out with them. Johnson rushed forward and said, “I’lll knife you now, you b ,so youi can’t do.” Witness kept a safe! distance, and Johnson followed! with the other two close behind. I They did not approach very close, j On reaching the gate he jumped over, went inside, got his shot-gun from the stand, took the wads out of the barrels, and slid two cartridges No. 4 in. Witness then rushed outside again, and the party, as soon as they saw witness coming, shouted something and* started running. Witness waited until they were safely out of range, and then fired low with the intention of frightening them. The party were about 15 or 20 yards from the residence of witness. To Mr. Dolan: the house next I

door was Mrs. Lounds’, about 20 yards away. After taking the gun back, witness saw Mrs. Lounds coming to his place to see what was the matter. Witness had a conversation with her. It was a moonlight night. To Detective Hill: Witness had not, so far as he knew, anything of a reputation as a fighter. Witness did not know it was a fact that chaps often “ sung off ” at him about young ladies. At this stage his Worship objected to the questions being asked. If Detective Hill could bring any complaint concerning his doings, he was at liberty to do so. To Detective Hill: After the scuffle near the seat, witness went home. The party followed to within 15 yards of his gate. Witness did not see a knife in the hands of any of the party. The rifle used was a good killing gun. The time between witness’s going into the house and corning out was not more than ten seconds. Witness did not fire at. but towards, the party. The pellet that Colquhoun said he got from his body witness did not see how it could be dented as it was. unless it had struck the bone. Detective Hill: “I saw’ the pellet embedded in the flesh.” Witness: “It must have struck the ground first.” Night McCartney, a clerk at Dalgety and Co.’s, residing at Napier, deposed that he was in com-

pany with the accused. They went to the pictures, and after they were over they were standing outside talking. Two young women passed down the street, and Mrs. Hannay went along with them. Witness saw Miller, Johnson, and Colqu-i houn coming down behind these two girls. One of the party called out, “ Come out of that, Hannay,” or words to that effect. After going down the street, Mr. Hannay came back and asked who it was that called out to him. Witness, was standing some distance away at the time. A scuffle ensued, and Hannay got into the middle of the road. The three followed him out into the road, and were wanting to fight and using very bad language. Some men came over and said that if any fighting was to be done one man must do it. After some talk they commenced fighting. Witness could not say whose fault it was but it seemed that the stranger was wanting to see fair play. A man named Simmonds came along and said that a policeman was coming. The stranger then disappeared. The party which witness was with then walked to the top of Dickens street. They left Hannay where the fight had taken place. Witness saw the stranger on the ground, and saw Johnson and Colquhoun

on the top of him. In witness’s opinion, the three men appeared to have had some drink. There was a great deal of bad language used by Colquhoun, Johnson, and Miller. Doris Femmell deposed that she lived in Carlyle street with her mother, and knew the accused since she had been at school. On the 15th of this month she was at the pictures with Miss Bradfield. When they were over she walked up Dickens street towards the town. Near the top of Dickens street three young men snoke to witness and companion. Witness identified Miller and Johnson as two of the men who spoke. One of them said “ You’re the one.” Another said “ I’m going home with you.” They turned back again and met Mr. Hannay. He walked down the street with them a short way, and one.of the men called out “Come out of that, Hannay.” Mr. Hannay then said “Excuse me,” and went away. To Detective Hill: She was 16, and would be 17 in September. She had worked some time at Briasco’s. Mr. Hannay had been home with her a number of times. At the top of Dickens street she only caught a glimpse of the men’s faces, but was able to identify them again. She saw nothing of the fight. Wit- j ness’s companion was 17 years of I age. I William Malloch Tweedie, a clerk | in the New Zealand Shipping Co.’s |

office, residing at Napier, remembered the evening of the 13th inst. Was with the accused at the pictures. After they were over the party stood outside. Witness saw two young wqmen pess down the street.' Tfeiaeeused left to join them. Hannay went down the road a little distance, and was followed by Colquhoun, Johnson, end Miller, one of the three calling cut to Hannay. What was said v> itness did not hear. After going down the road about 20 yards, Hannay turned round and walked up to the three. An argument took place, and Hannay was then struck. A fight took place on the road. <

Tweedies gave further evidence, which was substantially the -ame as that already given by the previous witnesses for the defence. To Mr. Dolan: Did not think that Colquhoun, Miller, and Johnson were sober. To Detective Hill: Was not on Colenso Hill when the gun was fired. He noticed next morning that Hannay’s upper lip had a small wound on it and, that there were several lumps on the back of his head.

Phoebe Lounds, wife of Mr. Charles Phillip Lounds, secretary of the Working Men’s Club, depos-

ed that she remembered the 13th inst. The family went to bed very late that night. Witness had just got into bed and heard the dogs barking. Twice she heard people running by and the next thing two , shots were fired. Witness, with I Mr. Lounds, rushed out on to the i balcony and heard Mrs Hannah or j the girls crying. She went in to ' see Mrs Hannay and saw Mr. Hanj nay covered in blood and dust. ' To Dectective Hill: Three or [four people rushed past the house. ' She imagined. that the shot was i fired between her house and Hannay’s. The two shots could not have been fired from Willis’ house. She did not see Hannay come home with the gun, but she asked him why he fired the gun and he replied that it was all very fine but think of his feelings. He told her the men had come to his bedroom window to knife him. He fired the gun to frighten them. Mrs Alice Buttermore said she lived with Mrs Lounds and her room was near the road. She heard men rush up the road and stay near Hannay’s place quarrelling and jeering. Later these men ran down the road. The shots must have been fired from opposite Hannay’s place. If they had been fired lower down she must have seen Hannay return up the road. George James Glasgow, clerk in the Union Shipping Company, said

he had heard talking and scuffling after going to bed. On hearing Hannay’s name he got up to see what was the matter. He had heard three men talking who said, they would “do for” Hannay. , He did not follow Hannay to Colenso Hill as he thought he could take care of himslf. He knew nothing about the shooting. This concluded the ease for the' defence. His Worship said the accused was charged with the discharge of fire arms with the intent to do grievous bodily harm. All he had to do was to decide if there was a prima facie case to send to a jury. Defendant could not hold that he discharge the weapon in self defence as the men were in retreats If persons discharged firearms in such a manner there must be intent knowing the nature of the weapon used. Accused would bar committed for trial. Bail was allowed in accused for* £lOO and two sureties for £5O each.,