POLICE COURT.—'WEDNESDAY.

New Zealand Herald, Volume I, Issue 41, 31 December 1863, Page 5

POLICE COURT.—'WEDNESDAY.

[Before Thomas Hfckhasi, Esq., 11. Ji.] ICKMANUKI) CASK. William More, remanded from Monday lust, was again brought up, and with stabbing /uvlcr hyndi with ;l bayonet, on Thursday nig Jit last. Alexander Lynch, sworn, stated : I am a blacksmith residing in Grey-street. I have seen the prisoner before. I recollect seeing him between 10 and 12 o'clock on Thursday niirht last, in Chnneervstroot. There were from' three to five others with him. and they came on towards where 1 was standing. One of them looked in mv face, and T asked him what he wanted. He said. You," and I then said, " Yon won't get me," and that the first one that put his hands on me, J would strike him. They then m.-hect on ne-, and a sonif!;* ensued, when I £ot away. 1 hey todowed inc. and 1 v.as knocked down, and a witness, who is now in Court, picked me up, and, tool.- me from amongst them. L'l i-oni r rcmaineil behind, and drew his haymi't to :uy si>!er. when I rushed upon him to take it from him, and received three stabs during the scutlie, one under tho arm, one :n the luvasi, and one on th.- left hip. 1 then gave the nian in ch:uge of the police. 1 -.vent up to Dr. I'hilson s with Scrpenul l-'o.ster, and got mv wgu-jhl dressed. Cross-examined by Mr. lieveridge : f am certain that 1 knew- very wjll what 1 wn.Vnhout. I had no more than two glasses of sbaiulv gaff that night. 1 cannot say where I ha.i the drink.' I got the "two glasses at Macon's public h<iu.te, in Cl-.nneery-street. 1 was alone when the row commenced. I \va.s only abo-.-.t live minutes in tho public house, and then w.-nt home, shortly afterwards returning iigain to Huron's, when r met tlie prisoner. 1 was alone then. 1 was about twenty yafds from mv own house, when I met the prisoner and his comrades. I was .-landing with my hands in my pockets when thev i\anie up to me. i'hoy did not appear t-> be an escort. They caiuo up straggling. I was by myself when thov came up. 1 did not see him dlaw the bayonet against ray sister, or threaten her. I'Yom the knocking about J got, 1 had not recoven ■«I From what 3 heard UvWvi H-mm xiy- " \Vh.U ! draw your bayonet upon a girl I attempted to take the prisoner's bayonet from his hand. When 1. first saw tiie escort no one. was near or interfering with thuin. Jsy the Court: He -was simidinp: bv Ijiinseli" wJien I rushed up U\ Him, holding tho iiayonct by tho socket: the jmint was elevated ; as f at him he pushed forwnrd the bayonet. h'obeit J)or;ui, .swoni, .said : J ;mi a hnat builder livmo; in illiaiu-stj'et'i. I know the pvisoner by fsifrht. 1 was coming down ricld's-lniie between 10 and 11 o'clock on Thursday Ihm.* i saw ]>rirfoner draw Jiis bayonet ;md tnni it , ecu tor's 1 told hhn he w.is no man t-.> draw j his havonf-t on :i Ti;o prosecutor then rushed nt jjnsoner and received a wound f'rom t!u; bavonet. 1 I'n>s - ecnf"r Kiid "catdi Hold oi him, I'm stubbed.'* I cau«rht tin* prisoner rmuui the arms. 1 took the bayonet irom his h.ajid anil dropptMl it b\" mv foei. At tin's time a mob ruslic-d on and T was knoeked domi along with tlio prisoner. F <;o no»t k]iow wljat foil owed. I (..ro.ss-exaniinod hy Mr. : Tho row lasted ■ ahout five or ton miniates. About twenty people oollt'r(e<l during this interval. "Wlrti I i'irsi was thero there was no one hut myself, Li/vie Lynch, and the prisoner. I was on my road home when 1 eanio up to them. In tho early part of the owning I was with prosecutor about half an horn* in Chancerystreet. "We wore not drinking. Jamey Boswell: I am a private militiaman in tho Commiswirial Stores. I m-olteoc Tliursdav night, J saw the prisoner in Chancery-street, between II and 12. There was i\ row there, ami I ran up to see. I saw the prosecutor lying down and tlireo or four men standing over him. I. went in amount them and picked him up, and took him away. Ho Raid " let mo go!" which I did. 1 then was going awav when I heard another row behind the Kxcfmngc JStables. I went thero and saw tiie prisoner lving tin tho ground -with a bayonet in his hand. I took it irom him and gave it to a mnn named 1 heard prosecutor or}* out, " take the bavonet from him, 1 m stablied !" That's all I know of the matter. Cross-examined by Mr. Bevoridge; X did not the commencement of the th>t row. I was aware that prisoner formed part of an escort that night. When I took prosecutor away 1 took him about twelve yard.-:. 1 could not say that he tfas the woi>o oi drink; he might have been diunk for all 1 know, j Only a minute'a interval occurred between the t*-o j rowti. ] nr. f. PhiLson, r-worn, said : On my. return home at 12 o'clock n*i Tljursday night,''! i<n:mi Lynch, with scrge.mt Foister, waiting J'or n.e. I examined Lynch, and lonnti a HtuaU wound i*t tlie left reßemlding the prick o' n bavonet, and on probing it found it w ; :s halt' un inch do;:. The oritiee was triangidar ; tho fide? and baso a (iifarter o: an inch caeh. The was not a one. W er Macintosh, swoni. sfitei ; 1 live in M'iiiiauistreet. 1 recepnise the l.i-t wil;a:.s. J;.:e.. s At aboil a quarter toll hist'lliursdav uu;h' ! received a bayonet from him, which f hundeu i.vir to tho police constable. l\in;r, sworn, said : I received the bayonet produced, which last witness ijave to :ue at a cmarter to 12 011 Thuir.day nip;ht, having stated tin-.t he had picked ;t up. The number on the 'iayo.net eorro.:-j-onds with tho number on tho scabbard warn bv the prisoner. 1 received Um prisoner in castoiiv" that nidit ehari;wl with stahliinLc Lynch. He was into my custody by I/nich and another person whose name 1 do not know. Lynch was drunk when he the pris'iner into my chavoe. Prisoner was in a bruised r-taie, and appeai-ed to have l.n eji ri'C'jutiy maltreated; iie had two black eye-", u sweliinfr on Ins loft ear, and hw mouth w.as bleeUij:!? as thoi-.oh Ktruek by a man's fist. The prisoner vas quite aober. .Samuel Charles SeulfieW f-tated th.lt ho was a sere-cant of iN'o. t! Coi!ip«iij- Srd AV'aik.-itO 1 was out on Thursday in charge of an es,.-o:t, oi' whom the }n-isi.iner. was one. We were 0.-eortrup a prisoner through f'hancery lane uu 'I'liui-sday iiiii.'H to the liiitomart iiarrack i. Un arrivine- al Field's lane Lvnch, the c.-r.ne running aHer us and aeeosti.tl our prisoner as •• lisll !" 1 told li:m stand out of tho wa v. I lo t lun said, " wh" I lie b - - I /: are you/" *A!t.-r lurther eut-siii},'. he r.nse'l bis hand in" a threat.•nhig manner, and caueh; bo.d |

ot .ae le. tae shirt. 1 then, told two of my .njeu :S* take him in charge. Tie- prisoner at the bur and another man took liiui in hand; Prosecutor -railed his mates to come ami assist, him. .T|iev : .nm from Phelp. I then .went pn With two men ..1" my escort._ A tier going about two hundred yanb- ] missed nrisoiier.. 1 placed the oilier prinmer in the guard rooin. pAli'-n I.<'ame bit*: 1 Moro in the poiue giurt ropui. When T \v..nt to »h« barracks m ith ether prisoner I h-ft More .and prosecutor wrestling together. The prisoner was. not at ail injured about the face wlien he went put. with the escort that night. The. proscciitbr atip-np.'d to be. beastly drunk. , Hy the Court: jlulr whs in the mob with some lit' Lyne.i s men. 'I he escort had not tie-ir bavoneis • irawn. I dontknow wheiher t/vnch has anvthing Jo do v.-ilh t)ie "Waikatb Mifitia.". I Rll ve More in because he lilted his hand and tried to defend j the r. ! By the Prisoner: More was close when ho drew the bayonet-. This was the ea.-e for t.lie prisoner. Sentence deferred till to-iuoi-row morning. cask or Muitnr.it. On the information of Xirii Kuku(ai; of Taupari; Waikato. Tangataware Iwitaia, at Maiiku; in (Irtober, lstjli, feloniously; wilfully, and of .his malice aforesaid, diit kill and minder one James Droouigold; hy tiring at him with a gun loaded with powder ami hall, thereby and otherwise inflicting- oil the deceased wounds, Irom the effect.-; of which lie died. The prisoner is a man of about -10 years of age; with rather a truculent of features, and apjwareo to maintain a dogged indifference during the hearing of tile r-ase. l l - i'euton, I.sq., assistant law oQicer, coiulucttd ilm prosecution, Nini Kukutai, swrirn. dejKwcd as follows; (Mr. I'neliev interpreting) I live at Taupari. I belong to theXgatitip.L tribe. I know the prisoner: his n:mie is Taugataware iwitaia; he us»d lo live at Te Kakanga; This is near- my place. It is in the bend of the \\ aikato Kivi-r. Tin; jiame of the place, opposite is Tetania, (Cameiont own.) I know a place called Uncpoto ; it is near the place 1 have named. I saw f he pri-oner aftcV the tall of Men-mere, and after the battle of liangiriri. It was at Ohcpotb I last saw him. I went there to sell some potatoes. AVhcn I .saw the prisoner this is what he raid to me,--" a pakeha has been killed by us. The tirst man who fired war. Terauhati; he was not killed by that shot. 1 fired the .second shot at lditi. That did not kill him. I fired again, ami still it did not kill him. I then caught hold of the white man by the hair of hi < head and stritck him on the temple with the butt end of my jrun. 'i'he while man cried out with pain. His brains were beaten out, aiid then be died." Prisoner did not describe the dress of the killed man ; lie had no arms, ouly a knife and a box of matched J'risOner did not say whether or not the man had a beard, but that he was very stout. Prisoner did not tell me that the man said anything when he was dying ; he did not fell me the whith man's name, etui what place he had been killed, only that it was in the hush. He did not tell me hOw long was the time between the interview and the murder. Tarawhn.itl and Tamatuware Ityitaia wero the persons named as having committed the murder. The killing took place on ihe same side of the river aa the Mauku. 1 only heard from the prisoner of one white man. i'ri.soner uid not say whether they did anything with the body. He had the gull in .liis hand "at the time, of the conversation with me. IHiring the conversation lie did not point to his gun. H was a Hint-lock musket. It tiny o'clock the further, consideration of the case po*!pt):;rd. At ?tlr. I'Vi.ton'.next Tu«s:!uv v.as the day appelated for the linuation of the trial.