SUPREME COURT.

Lyttelton Times, Volume LXIII, Issue 7528, 18 April 1885, Page 3

SUPREME COURT.

Friday, April 17. CRIMINAL SITTINGS. (Before His Honor Mr Justice Johnston.) His Honor took his seat at 10.30 a.m. INFLICTING GRIEVOUS BODILY HARM. Nicholas Bassi pleaded “Not Guilty” to an indictment charging him with having, on March 15, inflicted grievous bodily harm on Antonio Juris. M. Montalk was sworn as interpreter. Mr Russell appeared for the prisoner, and obtained the exclusion of all the witnesses. Mr J. C. Martin, Crown Prosecutor, opened the case, and called the following evidence : Raphael Portelli, fishmonger, living in Christchurch: Had a partner named Thomas Robelli, who died on Feb. 27. Carried on business in Christchurch and at Lake Ellesmere. At Ellesmere there was one house at Irwell, and another at the lake, besides boats, &c. Defendant had nothing to do with the partnership, but was working for witness. The houses were for all the men, and witness with his partner stayed in them when at Ellesmere. On March 3 witness put padlocks on the house at Taumutu. Bassi was in town, and refused to give up the key. Went up again on March 8. Bassi was then sleeping in the house. Told him if he went inside again he would be given in charge. Put John Franco to see that no one touched anything, because Bassi had sold a saddle belonging to witness for £2 10s. Had discharged prisoner on March 1, when Robelli was lying dead. Owed prisoner no money, but prisoner owed him money. Gave him 10s to come down and see Robelli buried. Prisoner had made no claim to a right to the house. On March 15, witness went with Andrew Nicholas and Antonio Juris to the house. As soon as Bassi saw them coming in the trap he went inside the house and locked the doors. Knocked at the back door and said “ Bassi, open the door.” The other men were standing by. Said, “ If you don’t open the door I’ll break it open.” Put his foot in and kicked the door open. "Went inside and found the inside door, between the kitchen and front room locked. Could not open it. Bassi was on the other side. The other two men had gone to the front door. Witness went to the front and again told Bassi to open the door. Went round to the back again, and on returning to the front found the man shot. Had heard a gun go off and found Antonio Juris. Andrew Nicholas had hold of the gun, and his head was bleeding. Caught prisoner by the shoulder and dragged him out. The door was open then. Bassi had made no claim to the property. On Feb. 28 received from prisoner a"' letter. (Produced.) The letter gave an account of what the firm’s boat had been doing; calling the boat “ yours ” not “ ours,” and speaking of his duty to the firm. Cross-examined : Had a boat at Lyttelton—one of those at Ellesmere. Prisoner incurred no expense in connection with it. Told him to buy what was necessary, and bring witness the bill. Witness paid every penny by cheques, and kept an account with the National Bank. Knew nothing of a pair of wheels being bought from C. Farmer at Southbridge. Prisoner got tyres for two wheels and sent witness the account. Had not yet paid for them, because prisoner kicked up a row. Would have to pay for ' them. Prisoner did not come to witness to settle up. Owed him for two cases of fish. Prisoner owed £2 4s to witness. Had been a partner with Robelli for three years. There was a deed. Was partner in everything. Robelli never interfered with the business, and witness managed everything. Some men owned their own boats, and consigned fish to witness. Had two boats, at one of which Bassi worked. Three men worked together, and witness made one share for Bassi, one for his mate, and one for witness and Robelli. Gave the boat and gear to Bassi, and took a share in the fish, the men doing the work. The two boats belonged to witness and Robelli. Bassi claimed everything, house, boat and everything, which he said he bought from Robelli. The boats first belonged- to Robelli, who put them into the partnership. He put the houses and everything else. Bought new nets, and what he did not buy he made himself. If he made a net himself it cost .£l. There were about 36 nets and two seines. The last were now worth about £2 each. Bought the horse and cart. Robelli and witness were like brothers, even their clothes were in partnership. Before the partnership the nets were rotten. Had no money to begin with. Had pawned his watch and chain three times to put money into the partnership. Robelli had no money. Earned the money. The partnership paid for the materials of the nets. Some were not paid for yet. Bassi was not with Robelli before the partnership. Had no ill-will to Bassi, but prisoner was the laziest man living. On March 3 prisoner walked out of the house directly he was told. Prisoner broke in and took possession, and hoisted the flag. Witness got possession again, and had possession now. Put John Franco in possession. Bassi did not get Franco out, but while Franco was out fishing prisoner broke into the house. Did not say in the lower Court that Bassi claimed the property while Robelli was lying dead. Bassi said he would stick to the property, and witness said, “We will see about that.” Chucked prisoner out because he was making a noise while Robelli was lying dead on the table in the front room. The second time witness went up prisoner went away when witness said he would give him in charge. Might have said he would break his neck, but did not think so. On March 15 went to look after his property. Had heard that prisoner was in possession. Told prisoner it would be all the better -for him to open the door. Took Juris to hold the house; the other man went about his own business. Was to pay Juris 5s a day, and intended to keep him till the cases had been decided at the Southbridge Court. Saw prisoner hit Andrew Nicholas with the butt of the gun. Andrew Nicholas was trying to get the gun away. Did not see or hear Nicholas struck. Nicholas’ head was bleeding. Re-examined: Payment by share is usual with fishermen. Deducted expenses and

then divided proceeds. Paid for repairs to the house. Prisoner did not pay a penny. Antonio Juris, dealer in Christchurch: Knew Portelli and' Robelli. The witness repeated his evidence given in the Magistrate’s Court. He described how he was shot in the right leg, and also had his right arm broken with a piece of wood while he was warding off a blow intended for his head.

Cross-examined : Went with Portelli to watch the place at so much a day. Was told to keep Bassi away. Did not go to the back door. Did not expect a fight. Told prisoner not to be frightened. Andrew Nicholas, fisherman, repeated his previous testimony. Dr Gossett described the injuries received by Juris; there were marks of 11 shots on his left leg. The fore arm (right) was broken—a simple fracture. Such a fracture could be hardly otherwise produced than in the holding up of an arm to ward off a blow.

Cross-examined: One shot was very small, and the charge of powder must have been very light. Theodore Christola, a Greek : Saw Bassi in the train on March 14. A man said Portelli is coming up to-morrow. Prisoner took two shots out of his pocket and said, “ These are for him.” Saw him next day with a gun between 10 and 11 in the morning. He was loading the gun. Cross-examined : Had no quarrel with Bassi. A long time ago Bassi paid the fare of witness and his wife to Southbridge. Witness paid for a trap to Lake Ellesmere. Prisoner never asked for the money, and witness did not ask him for the money. Told Bassi that Portelli was not coming up on the 15th. John Franco, fisherman : Saw prisoner on March 15 put a cap on the gun, fire, it off, then put a pinch of powder in the muzzle of the gun, put on another cap, and fire it off again, saying, “ This gun will be the death of somebody to-day.”

Cross-examined : Prisoner was about forty feet away, but spoke loud enough to be heard by witness. On the Wednesday after March 8 prisoner saw the trustee from Christchurch, and the Magistrate from Southbridge had given him authority to go in. Prisoner and witness were very good friends. Fishermen generally quarrelled on the beach, but in the- house were good friends. Quarrelled about a pillow case about three or four years ago. The pillow case belonged to witness. Alexander Lean, agent for the Public Trustee of Intestate Estates: Heard of Robelli’s death. Never authorised Bassi to take possession of thedeceased’sproperty. Prisoner called upon witness with Mr Loughrey. Told Mr Loughrey that whatever claims they had against Robelli, Bassi and Portelli must settle amongst themselves.

Cross-examined: Considered there was nothing to warrant his interference. Constable William Waring: Went to Taumutu on March 15 to a house occupied by Bassi, who had been at the Southbridge station about a fortnight before. Bassi had complained that someone had broken into his house and stolen some things. Went with him, and just before reaching the house, asked particulars of the breaking in. Bassi said, “I have been living in this house for some time. It belonged to a countryman of mine, named Robelli, who died the other day. I then went to Christchurch to see if he had left a will. He has not, so I am going to claim it.” This occurred about a fortnight before the 15th. On the 15th found Juris, Portelli, Nicholas, and Bassi, and arrested the prisoner on a charge of shooting with intent. He said, “ They had no business up here ; I would shoot every one of them.”

This was the case for the Crown. Mr Russell submitted that there was no case to go to the jury, as the men wounded were trespassers on the property. His Honor said the evidence was the other way. All the evidence showed that the prisoner was a mere trespasser. Bassi’s position was that of a.servant.

Mr Russell contended that the wounded men had no right against Bassi, who was holding for his masters.

His Honor could not admit that Bassi had a right against any one, as he had been discharged.

Mr Russell contended that Portelli had no right to make a forcible entry. His Honor said the men were not armed ; the entry was not legally a forcible one. Mr Russell opened for the defence, arguing that if the prisoner had been advised that he had a right to act as he had done, he was not a criminal. He cited Regina v. Toose, Cox’s Grim. Cases, XIY., 327. His Honor distinguished the case from this.

Mr Russell called the following evidence :

Alfred Hodder, carpenter : Remembered the affray taking place. Knew the house of Portelli and Robelli. Was near it on that morning, about fifty yards away. Asked Nicholas Bassi where he was going. Bassi replied, “To the Irwell, fishing.” During this time a trap came, and Bassi said it was “ chaps coming from Christchurch.” Bassi went into the house and witness went towards his. Saw Portelli go to the back door, but did not hear him call out. Portelli' had something in his hand bursting the back door open. Could not say what it was. What occurred at the front door witness could not say. Saw Bassi after he came out of the house. He ran towards witness’ place for protection, the three men after him. Saw nothing in Bassi’s hand. This was about a minute after the gun was fired. Nicholas did not tell witness that he had been shot in the head.

Thomas Jenkins Hill, clerk to Messrs Holmes and Loughrey : Had frequently seen prisoner at the office. His Honor stopped a question as to the advice given by Mr Loughrey. Charles Johnstone, fisherman : Knew Robelli. Had been in possession of Robelli’s boat and gear. Knew nothing of Portelli as a master. Portelli was working four years ago for Robelli. About nine months ago Bassi brought a letter from Robelli, instructing witness to give Bassi charge of the boat, &c. Cross-examined: It had Portelli’s name, with Robelli’s under it. This was the case for the defence. Mr Russell addressed the'jury, but so hopeless was the ease, that his Honor remarked, “ You cannot make bricks without straw, Mr Russell.” The Crown Prosecutor did not think it necessary to reply. His Honor summed up. The jury, without retiring, found a verdict of “Guilty.” His Honor sentenced Bassi to imprisonment with hard labour for two years. On another indictment charging prisoner with wounding with intent to maim, no evidence was led, and the jury returned a verdict of “ Not Guilty.” His Honor discharged the jury with the thanks of the Colony. The Court rose at 4,15 p.m.

(Before His Honor Mr Justice Johnston.) IN CHAMBERS. Probates, &c. EE JAMES CUMMINS, DECEASED. Mr M'Connel obtained an order for probate to Margaret Gumming, the executrix named. EE ANN BELMEE, DECEASED. Mr Perceval obtained leave to register probate copy of will instead of original. EE CHARLES MOTTLEY, DECEASED. Mr Nalder obtained an order for probate to Arthur B. W. Parsons and Wilfred Ward, reserving powers to William Wakeford to come in and prove. EE GEOEOE EUTHEEFOED, DECEASED. Mr Loughrey obtained the renewal of an order granting probate herein. THE COMPANIES ACT. Be the Ashburton Woollen Factory Company.—Mr Russell obtained an order ap-

pointing George Scott, liquidator, instead of John Lee Scott. Be the petition of James E. Hardie.— Mr Russell obtained an order granting leave to the Official Liquidator to exercise powers under section 159 of the Act, with leave of the Court. NATIONAL BANK V. MEE AND ANOTHER. By consent of Mr Joynt, Mr Harper obtained an order removing the summons to the Court of Appeal. BE CONVICTION AGAINST JOHN CARMICHAEL. On the prosecution of W. G. Aspinal.— Mr Harper, for the appellant, applied.to have the appeal heard at Timaru. Mr Joynt appeared on the other side. His Honor ordered the appeal to be heard in Chambers at Timaru, on June 9. Costs to abide the result. SMITH V. SMITH AND OTHERS. Mr Thomas applied for the fixing of date of i trial of this action, which was for a divorce. His Honor fixed the trial to be at Christchurch on April 20. ELL V. HARPER AND ANOTHER. An application herein for the removal of Mr Austin from the record as solicitor for plaintiff was adjourned till after the hearing of the petition for annulling the bankruptcy of Ell. REEVES AND OTHERS V. LEE AND OTHERS. Mr Harper obtained an orderrffor leave to enter up judgment by default against all the defendants except W. H. W, Williams. LAND TRANSFER ACT. Be Agnes Fisher.—Mr Joyce obtained a month’s extension of time wherein to make return to the summons of Jan. 7.