SUPREME COURT.

New Zealander, Volume XXIV, Issue 2610, 10 March 1866, Page 3

SUPREME COURT.

MARCH CRIMINAL SESSION. [Wkdnksday.] (Befure His Honour Sir Gkouok Arxiiv, Chiof Justice.) THE OTAHUHU MURDERS. James Stack, late a Soldier in the Goth Regiment, was arraigned upon an indictment, for the wilful murder of one Mary Finnegan, at Ctahuhu. Mr. Brookfield prosecuted on behalf of the Crown, and Mr. McCormick, at the request of the Court, defended the prisoner. The Court was densly crowded with persons anxious to hear the trial. Upon the usual question being put, the prisoner answered in a firm voice' "Not Guilty," The case having been so much before the public in detail, it will bo unnecessary here to repeat the lengthy evidence gone through at the Supreme Court, even had we the space. A summary, however, we give, which will be useful to those who are not fully in possession of the facts of the ease. It would seem then, that in the month of September last, the deceased, Mary Finnegan, was living with her three sous, James, Benjamin, and John, in a small cottage in Chapel-street, Otahuhu. Also, occupying part of this cottage, was the prisoner Stack, who was the son-in-law of the deceased, although his wife was dead, and he was living alone with Mrs. Finnegan and 1 her three boys. Suddenly, both mother and sons were missed, about the 27th of September, and nothing whatever could be heard of their whereabouts, although diligent enquiries were made by the police. The prisoner still remained an inmate of the cottage, and what principally gave rise to the first suspicions against him, was the fact that he told two or three different tales about the departure of the missing family. It would seem that when asked »hout them the day after they were missing, by Mrs. Weaver, a neighbour residing next door, he replied that he had lent the'.boys the money, and they had gone to the diggings, and the mother and tho youngest- son had gone to Auckland. Another time he said they had gone to Tauranga ; and again, that the deceased had robbed him of £lO, and had followed her boys to Ilokitika, and, in apparent proof of what he said, he produced a letter which he alleged he had received from James at the diggings, stating that his mother and the youngest sou had arrived safe, and that as soon as they had earned a little money, the stolen £lO would be returned. But these statements did not satisfy tho police, and ultimately, on the 23rd of December, a search was made in tho house, and grounds at the back, which resulted in tho finding of the bodies of Mary Finnegan and her two elder sons. Upon each of them wounds had been inflicted with some blunt instrument, sufficient to cause death, and in all cases the instrument appeared tohavebeeu thesame. Tho skulls wore fractured, and the wounds were of a circular nature, in every instance just behind or below the ear. Besides these wounds, in the case of the youngest boy, there was a gash upon the neck, sufficient in itself to have caused death. And now a neighbour, the Mrs. Weaver before mentioned, came forward and gave information which strengthened tenfold the suspicion against Stack, who had, meanwhile, made his escape, but who was, nevertheless, apprehended near McLeod's Mill, in the Kaipara district. This witness states that on the night before Mrs. Finnegan was missed, sho was in her house, and the deceased was then slightly under the influence of liquor. But next day begins the chain of evidence which leads to the conclusion that Stack is the murderer. Early in the morning, Mrs.J,Weaver went to deceased's cottage and knocked at tho door. At first there was no reply, but ultimately the prisoner opened the door, only just wide enough to see who it was. Witness then asked for a hammer which sho had lent Mrs. Finnegan. This hammer tho prisoner stilted was lost, and handed her two shillings as compensation. According to Mrs. Weaver, the head of this hammer-was just such a one as would have inflicted the different wounds which were found on tho bodies. Later in tho day, sho heard a scrubbing of the floor in Mrs. Finuegan's cottage, and the prisoner was also seen washing a shirt aud a pair of trowsers of his own, something very unusual with him. Again, there was an offensive smell as of burning rags, and when the garden was afterwards searched, a quantity of halfconsumed clothing was found buried in ground. Again, later still on the same day, in the afternoon, when it was raining, the prisoner was seen digging ou the very spot where tho body of

Mrs. Finuegan was afterwards found ; and at the time she was exhumed, a crop of carrots were actually growing over her body. All these circumstances, and many others of lesser importance, were sufficient to cause the arrest of the prisoner. This was done after considerable tracking, by a man named Lloyd. He was examined before the Magistrate and committed for trial. The reason for these mysterious murders, if bo be the murderer, is buried in the deepest obscurity. It was, indeed, stated by one of the witnesses, that ho and his mother-in-law did not agree ; that she had said he should not stay in the place, but that her elder sons had ruled that he should. It was said, too, that there were frequent quarrellings between herself and her son?, but Stack and the boys appeared to be on the best of terms. The above facts were proved by a number of witnesses, but the case was not concluded when the Court rose at six o'clock.

The jury were accordingly placed in charge of the four bailiffs until Thursday morning, with injunctions to be kept within the buildings during the night, and to bo accommodated by the Sheriff.

[Thursday I .] His Honour took his seat upon the bench at ten o'clock, at which time the prisoner was again placed at the bar. Several additional witnesses for the prosecution having been examined, Mr. MeCormick arose at half-past two o'clock to address the jury on behalf of the prisoner. In doing so he said he felt the heavy responsibility which pressed upon him in thus standing before them to plead for the life of a fellow creature. If Mr. Brookfield's responsibility had been great, how much more so was it in his ca3o ; but the responsibility which lay upon the shoulders of them (tho jury) far outweighed either, In addressing them he would not try to lead them in any nay farther than the evidence would warrant, aud he- should confine himself strictly to the facts of tho caso as they had come out before them. He need not tell them that in a case of this kind they must discard all opinions from their minds—it was so palpable to every right thinking man—for unless tho feelings, perhaps naturally, engendered by such a horrible recital, were removed, a fair and impartial verdict could not he arrived at. They must allow no mere suspicion of uuilt, no mere supposition, influence their mind in any way ; but they must find their verdict only in accordance with the facts which had been placed before them. lie was glad that the law was not as in other countries where a man was called upon to prove his innocence —hero the accusers wore called upon to prove the guilt. The learned gentleman then went minutely into the evidence, commenting upon it as he proceeded, and concluded by reading over the statement of the prisoner himself, which ho had voluntarily made before the Resident Magistrate. It being now nearly six o'clock, his Honour thought it better to adjourn the case until Friday morning' when the jury, not being jaded, would bo in a better position to find a true and just verdict.

Tho Court accordingly adjourned. [FaiDAT.] The Court resumed at 10 o'clock, ami was densely crowded. The learned judge then proceeded to mm up with the utmost minuteness — carefully commenting upon the facts of the case, and reading over the whole of the evidence. In conclusion, lie told the jury that the life or death of the prisoner was in their hands—they must weigh tho evidence as it had been brought before them and return a verdict in accordance. Tho jury retired at 3 o'clock to consider their verdict, and were absent an hour and a half. Ou then [return to Court, there was a breathless silence as the Clerk of Arraigns put, the final question How say you, gentlemen of the jury, do you liud tho prisoner guilty or not guilty ? Foreman : GUILTY. The usual proclamation was then made by the Crier. Assuming the black cap, the Judge, who was visibly affected, proceeded to pass sentence. He said that he (the prisoner) had been found guilty after a most patient and careful trial, and from the evidence brought before the jury it was impossible for them to have come to any other verdict. I lis Honour then proceeded to pass sentence of death upon the prisoner in the usual form. While the dread sentence of the lawwas being passed, the prisoner stood unmoved. Tho Court then adjourned till this morning.