SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume I, Issue 255, 6 September 1864, Page 3

SUPREME COURT.—Criminal Sittings.

JInMJAV, !■ Kl TtJlUbll ; Iternri-' 1 li- CiiMiir tin- Justin:. 1 Tin: business ul this Uuui was r.v tuned yos'.i r-iuv lnoiniug. llis Jlonor took his .-i:iil 01 the bmeh :it II o'clock precisely. The jure lift having been called over the tollowing jui\'iiit ii weie sworn. Charles C layli.il, foreman, Andrew Anderson, .1. Hrady, 11 i-iiiVColuber, Win. ilervit:, Win. Kemp, Geo. Kerr, Will. Lamb, I-tephen Moulding, Michaci MncMahun, Davis l.uvy, Wm. iiairon. Al.l.Kt'Kl) Wlt.rvl. Mt'KDKK. A. McLean was arraigned uj-<>ll an indictment chargimr liini with wilful murder un tin; ;>rd of ,1 une last, at I'okciio, of Ann McLean, his will:. ]\ll'. fi 1 1 rim.lll appeared tor tne (Jrowji. The prisoner was undeleiiUcd. The prisoner pleaded nut guilty. iMr. Merriinan in opening the case to tin; jury, saiil: Gentlemen, von are called upon to-day to try the prisoner at tin; liar tor wilful murder, so that a grave and mo-t solemn duty devolves upon yon. The oiitvi'fa jury is a solemn one, . veil ill cases that lni'dil ill comparison to tins be considered trivial, hut. it become.-. douhly so, wt.en the lite of a teliow has been taken, and the life of a leltuw creature, ileponds upon the issue; and it is still more so here, where the prisoner stands not only charged with tne mmder of a fiillow-lieinir, hut with "that in the wife of his bosom. Thecase becomes painfulfrom the circumstances under which the evidence of guilt is otfered, the principal wiiness to the guilt of tne defendant being liis own Mill and daughter. The chat ye is one under the most ordinary circumstances, calculated to arouse the passions of men, hut we must not allow ov.r passions to lie in 11 lie need. I am sorry, however painiut it may be, for you to listen to, and it is painful to me to be eomiiellvid to adduce it. I have no other means ot conducting this investigation but by putting son and daughter of the prisoner into the box. The evidence these witnesses ■will give, must lend you to Luc inevitable conclusion that- at all events the prisoner was the person who was the cause of tile death of the deceased. The evidence of this fact is so clear and .-o conclusive, that you cannot have the smallest doubt. i speak under the correction of his Honor the .lu<lge, but you have also to inquire what were llie circumstances under winch this Heath Mound was indicted. Certainlv, so far as I can observe, tile only di fence attempted 'is that the death was the result of accident. J'.ut it' a responsibility—anil a very serious t)lu .—devolves on J on, there rests on me also, us counsel for the frown, a very serious burthen of responsibility if £ should strain the evidence ioo far, or, so to sj.eak, bend the how too tight y wilh 100 much eajeiness —Unit 1 night speed an arrow with deadlier certainty against, the prisoner, 'the son of this unfortunate man will tell you that oil lour or lice sclera! occasion? he heard the uiscnarge ot tin arms. You may easilv conceive, that 1 labour eiuler some iliMicu tv in examining this \oung mini, when vou consider the relulioii-liip which he bears to the prisoner. L have, however, the depositions taken in ihe case, and f gather Irum those taken before tile

Coroner— . . His Honor : I think the prisoner is not arraigned on ti.o Coroner's depositions. ,\ll-. .M. rrimau : .-o, jour Honor; but I deem it would have been improper for nielo interrogate ihese suum' persons upon all the details of tlic mamed life of their parents. U hen, however, they shall come into the witness-box, 1 shall have to examine upon which, however painful, are necessary to elucidate the whole case. 1 shall have to asU questions respecting the conduct of the prisoner to his wife prior to lite occurrences which iorm the subject of I hi:* inquiry. It would appear that the \onng mail was i-oi-iing a fowl-house when lie heard the uis. har-c of hrearms. Tins i'owl-lionse was apart from I lie dwelling-house. Upon hearing this noihe, ho went inlo iJt'j house. *iU toil yw thut bfl

found liia father with a gun in his hand, that tho place wag full of smoke and 1 believo I shall be ablo to show you lxom the evidence ot'tlu'a young m;in that tho prisoner hati previously endangered tlie lite of his wile. X meai» to say Mi.it lie did several acts which put her life in* dansjer. JiisJtonor: 1 do not seo anything such ns you! rcier tu in ttie depositions. 1 do not siiy that thoevidence voi: propose to introduce is inadmisbable r but viiere'iuay be a question, it might be allowed to liuve weight it' it related 10 a very distant period of conjugal lile, and id brought forward alter a long interval, when a man is on nis trial tor his life. jS" V doubt where a person at a great distance of time may use a threat against anoliior it may be taken as evidence.

ill*. Jlerriman : I hate a case, your Honor—that of ltusccll ajid livaii cited in Archibald.

Ilia Li oner: Xiicre is co doubt that what you refer to may have a very important bearing on- the Citsa, but the ((uestion is whetner the value to lie attached! to it may be influenced by being what lawyer* caU too reniiplo.

JI r. Merriman: I have no desire to stretch any" evidence that 1 may possess, so as to atiect thu prisunur pri-judicially. It will however appear in th» evidence mat 1 saall have to olfer, that prisoner had a knowledge of wnal he was doing, and what he had done, for he exclaimed, alluding to his wife, " we will die together," or ome wuras to the eli'ect that ho was c.msviuus oi wiial wa-i passing. At all events, the son s.uv his i.aner witu a Uouble-barrclled gun, which iie took IK-in his lather's (the prisoner's) hand ; t.iat he went Kir medical assistance, and that vwien lie returned n.e ]iris ner had inllicted 11,'ou himself a veiy tenons wound, with wiiat inteiiiion Gi.d ui.ly knows. With that I havo nothing at pieseut to do, bat I will call before you ti.e evidence ot ILu doctor who came to the wounded woman and found her m a dying state. Tho question lur yuu, genileiiten, is, ay or no, is he guilty of Wiiliil luiiruer. it lie was insane this fact is not alleged in his defence; but when lie said, " I will die happy beciuse we snail both die together," he knew ti.o nature of tno act lie had done. But however painlul tins inquiry may be, we must lecollect that < \>U liave a duly Lu perioriu Hum wineli we mutt not sl-.tiiiK. 1 will nui until i nave the witnesses in tha 11 '\ go tuiUiei into detail#, but will proceed at once to c.til evidence tor liie [.rosecution. I will uot therefore, gentlemen, oc< upy your time uny lunger, l>m shad, iu pursuit ot tlie painiul task that lulls to n.e, call Lac prisoner's m>il nilo the box. \\ in Maclean, examined by Mr. ftleniman : I tin; son ol the prisoner. 1 am 2U years of age. Oil the 3rd ol .June 1 was residing at Fokeno. On that morning i heard a gun discharged. There wero se/erul dischaiges. All - iilist w.is outside my father's li ii.su aouut eleven o'clock. I did not tee my lather, Lin prisoner, discharge ti.at gun, but 1 believe it was my miiiui. A little afterwards I taw niy lat her with u gun. 1 was about twenty yards from the house. T.*o discharge ol uio gun appealed to be about 8U or i/u ViuiLa. The di charge was on the same side, at an angle irom whore i st««od. 1 cannot say exactly the (Uoumco. It was in a straight line across, about HO or mj yard*. liy> Honor: It is necessary Mr. Merriman that we should iiiive some evidence bringing home the tiriug tu tho pii>oner. necessary perhaps that A should exclude tne evidence. i>uC it is necessary that 1 bhoiud not allow anytning to be imported into the case upon mcr« suunise. Kx.tuiiuaiion couunucu: I did not taLe any parti uiar nonce of the hrmg tiieu. 1 heaid it again. 1c wa ß aoout leu minutes atterwards. It was in the passage in my lather's house. 1 was eight or ten y.uds lrnm tne back-door of my father's liouse. I know it wits in the passage, because I went there immediately, and suw who prisoner with a guu in his hauiis. J.ue pa»cage was lull oi smoke—gunpowder smoke. 1 asked 1113* lather whafc was the matter. I did nut see anything eh>e remarkable. Tho prisoner replied the guu hau g -ne oil by accident, mid that he uat not know how it went oil*. JJy llie Court: 'iiuii was all that was said. My lnotuei* was not there ihuii, but she came in immediately a;UTwariis. Jjj Mr. iUcrnmau : I made an examination of tho passage, i Ibuud murks of a guu having been tlis1 here, liiere was apparently a bullet holo in Ine wood wor&. it was very reeeut. The gun wu? u double-barrelled gun. My father kept the fa un in his posscision. 1 \sent about my ordinary work ei.onjy aitcrwards. i went to put a roof 011 a fowlhouse. NVlnie 1 was so employed 1 heard another discharge of a gun. 1 heard another noise—l heard by Ihe Court : It was my mother's voice. Jjv .kj\ Jieiriumu : i ran insiue the house. I went into liie passage. 1 noticed nothiug in the passage, i wchL iK*\i to the store-room. X went through there to in* uuhcr u'.ul molher's bed-room. 1 saw my hither and molher siaiiding in the room. Tliey were close together-about a couple of feet apart. l»y Ihe Lourt : 1 mean a couple of feet, not a couple of ;»arua. the prisoner: Handed several plans of his house ami premises. li.s Honor: It will be necessary to have these plana proved —1 mean-as respects their eorr. ctnef»s — uetoic tney can be iveciVca in evidence. lVrhapß the pn?uner migiit piovc tins by call.ng the person wiio matte iiie plans. ll:,; l risoiur: My son, your Honor, took the dimeiicioMs. 'i 110 plans were made b\ McFarlane, who will be here 10-day. His iionor: 1 llnn.v li necct'sar}* that- these plays should he proved. uUihougii so litne turns upon tlie con-e.-tncsc of these plai.s that it does not appear lj be \ery nnporlaut wnetiicr tliey be received or not. -Mr. Merriman; We are quite disposed to admit the correctness ol these plans. Mr. Mel<arlaiie was tailed, but did not answer. ji is Honor: j. he Court, however, must be satisfied of tin ir correctness, if anything turns upon them it will be necessary to havo them proved m the usuul way. Mr. Merriman : I do uot apprehend, your Honor, that anything will turn upon Lhom. Hxaminatiou continued: i see a passage marked back door. 1 went through the side store door. The j bea-room is partly coloured pink, in the right hand corner. The Ued-ruom is marked C in red ink. They were standing a little to the right as 1 entered. There was gunpowder smoke in the room. My father had a guu m his hand —auouote-i.»arrelled guu —the same i have already spoken 01. (Irun produced by ConstuUiu John ) lhat is the guu. It was in my father's hand when 1 went in. i took it out of his hand, ii was then smoking irom the muzzle, lioth hummers were down, i did not observe whether it smoked lroiu both barrels or only one. Mv mother was still standing- up. 6hc spoKe. My lather was pie&cut. £jhe said, "uh William, lam gone." blie said nothing more. I looked at the gun and raised the hammers, liiere were no caps 011. 1 gave the gun to my sister, who came in in the meanwhile. X gave the* guu to my sister 111 the store-room That is just outside the bed room, i immediately went- lor a uoclor to the Kedoubt. After 1 went out to go lor uie doctor, I heard another shot fired from the uireeiion ol the house, lhcre were other lire--1 arms in til house —there was a riile. The ritle was behind the door of the bed-room. 1 did not 'see whether my mother had been injured or not. 1 saw a doctor at the Queen's ivedoubt. 1 saw several persons before 1 not to the Queen's 1 saw Lrcorge £>harp, gunner of the Koyal Artillery, i said nothing to hum i passed him. I saw oiiar ollicers, but 1 uo not remember seeing Mr.

'J.iii. Alter seeing Ur. Titlcrion i returned to my inv lathers (prisoner s) house. The distance is about hnlfami.i'. When i returned i louud my father ;iu.l mother, and S.iarp the gunner. .vly mother was Aing in Uie doorway between the bedroom and the store, or rather an inner bedroom on the plan lit.ii'Keu U. It was close to lite ?poi. wiiere tney were s uii.liii 0 ' when 1 look, the nun In. 111 prisuiier. _ I do noi Know wuetiier my mother was alive ac tiiis piirticuiur time. Altcrwauis 1 saw i;:y mother dead. I do nut know how liie dounie-hatTeiicu gun was loaucd thai morning. JL'iio uisi harge which 1 heard oil my way to the '.Queens i-iedoulit was apparently a rilie. t came from Jieibourne to this colony about two veins ago. ~ „ i/id you ever see any act ot' violence m Melbourne bourue" by your luiher agannst your mother. riisoiicr: 1 beg to tnrow lnyseit upon the protection of tiie Court ; t;.is was lour years ago. His Honor, to witness: How long ago was tilts

uitcunoju'o ? Wirings : Foui- yours ago.

His Honor: There seems to me to he some difficulty about this. Knur years eovera very eoiisuleraoi.. ir.ie'rval. A man and wife occupying the one bed, silling at the same board, it would seem J 2*

is not too long a period to go back for proof of malignity. Tn Taylor, on Evidence, it is stated that "where an act done at a remote period of time is taken to establish a presumption of malice, so should acts of kindness he admitted for the defence against a counter presumption. X remember an instance where the same law was laid down by those remarkable judges. Mr. Baron Parke (Tord Wenslcydnle), Lord Tcntertlen, and Tlaron Alderson.

Examination continued : T cannot say that I have heard my father express jealousy of my mother. 1 have already stated what my mother said. My father did not snv anything about dying together then. When T came back from the Redoubt the prisoner's gun vas gone. He had inflicted a wound upon himself. My father said something to this effect, "Annie, we'die together." I do not remember the exact- words, for T was too much excited. He said something to the effect that " she was a bad woman Ido not know that it was jealousy particularly. 1 cannot say that; I ever heard my father on several occasions threaten my mother, and say that lie would kill her. When lie said that my mother •was it bad woman, I said " that lie was n liar." I never heard my father threaten to kill my mother (hesitating) not in this country ; indeed, I do not know Ihat. T ever did hear him make such a threat. Ido Jiot know what I said before the Coroner.

By the Court,: My father was sober on tho night in question. I have seen my father in liquor. I have had un opportunity of knowing the terms upon which my father and mother lived. My father and mother lived happily together, except when he was in liquor. I hare seen many acts of kindness between my father and my mother.

Cross-examined hy prisoner: I have seen you drnnk sinco vou came to the colony, hut not incapable.

His Honor : Remember prisoner the caution I liavd given you. You must now see the weight of the suggestions 1 hare thrown out.. You have heard the answer given "by your son that you have been drunk, but licit incapable. Now from that answer the other side would ho competent- to open up the question of your drunkenness, and to produce as evidence harsh language or expressions used while you were in that state, and drunkenness would he quoted as an aggravation of your offence. Cross-examination continued : During the time-we lived at Pokeno, wo were in imminent danger of "being attacked hy the natives. I desired or expressed a -wish that the family should remove to Auckland; "hut she declined," until Colonel Murray and the Rev. Mr. Parsley had expressed anxiety for the safety of the family. My mother said she would he very unhappy away from you. if she should have to go to Auckland, and she would sooner remain and take her chance. It was your habit to keep firearms behind your own bedroom door, beside those in the hands of your servants. T remember a house hcing broken into last March, and money and other things "being taken from tho store. Subsequent to the rob"hery of the store alluded to, poultry and other things "had heen stolen from a wliaro at the rear of the bouse. The double "barrelled pun said to be found "in the swamp after the battle of Rangariri, by a soldier of the 50tli regiment, I did not purchase. It ■was got I "believe at Canierontown. It -was fitted with a flint lock. With your permission I got the lock changed for a percussion lock, hy the armourer of the ISth regiment. I remember being in the hush •with you last March, wild pig shooting. I used the same fowling piece produced in Couit. You curried a short Fnfield rille. Tho fowling piece was loaded at that time with cartridge powder. On that day, when I attempted to discharge the gun at a litter of pigs, "both caps snapped, and "both barrels missed fire. The hawks were very destructive of the poultry, especially one voracious and warv one. We have both frequently attempted to shoot that one. J cannot say 'whether you always loaded tho gun with large slugs and shot mixed. I believe generally you did so. The same fowling piece had missed several times. I could hardly ever get it to go ofl'. I used to have always to takecaie that the little hole should be filled up with powder. I always considered that necessary. You used to discharge the fire-arms upon occasions to keep them ready and fit for use. I have seen you reload the weapons at the end of the table 111 the side store. T cannot say that both barrels went oil' simultaneously in the passage on the morning of my mother's dealh. I thought so. I said so. I was the fiist that said so. I saw a liole in a trap-door overhead about the middle of the passage; about an inch and a quarter in length, and about three-quartf rs of an inch in breadth. It is an elongated puncture through the weatherboard : two balls passing together mii;ht have made the mark. I did not observe any other holes in tho trap-door likely to be caused by fire-anns. In the thatch 1 saw holes -which were likely to have been caused by tho bullets. I cannot say that J taw any other holes. On that morning, about 11 o'clock, when 1 went into the passage on hearing the discharge of fire-arms.

By tho Court: My father was standing under the trap-door. My father said tho gun had gone off accidentally, and he was startled. Ho also said he had got a great fright. By the prisoner: You said you were very much frightened. My mother said it was a mercy you did not shoot yourself; you ought to he careful of that gun, or something to that effect. I posted two letters at the Queen's Redoubt on the 7th June. His Honor: I cannot admit this evidence. Prisoner: Do you not know there was a iive pound note. His Honor: No. I cannot admit this now. Prisoner: I intended the question to show that I could not Jiavo any of shooting at my wife wilfully. His Honor: We may get it in—we will see—without infringing the rules of evidence. "Witness to the Court; My father sent a five pound note to the Besident Magistrate's clerk at Drury. After scveial questions. His Honor to prisoner : If it relieves your mind, I will tell this jury that there is no evidence of long harboured malignity. Prisoner: I prefer to go into it as much as possible. His Honor: I have every wish to allow you, but the public have also to bo considered. I will of course permit you to ga as far as it is possible without breaking those rules of evidence which must of course guide the Court.

Prisoner: My questions have reference only to ■within a few days of the occurrence.

Witness to prisoner: I heard you ask my mother to go into town with you. She said she did not wish to go then as she had just weaned the child. She said she would go some other time. I recollect you going that morning to show how much of the ti-tree had been cleared. I know of your having purchased twenty-six acres of land of Mr. Selby, in Haveloek township. That land was about lialf-a-mile from our house. I heard my mother say that she had heard that nearly all the ti-tree had been cleared. I forget whether you consulted whether it should be 7>loughed, planting potatoes, or allowed to bo in grass. I had been cutting ti-tree near there on the Friday morning. I heard you say that your business in town was to receive £1000 of Mr.' Cochrane, the auctioneer, for the disposal of certain property. I also knew j'ou had to pay Messrs. Morrin and Co. a .mii:i of money, i;(iCO ; also £200 for goods. 3iy his Honor : Ho you know these transactions of your own knowledge, witness '{ Witness: No. Prisoner : You saw the accounts. "Witness : I believe I have seen accounts. His Honor: If you please, prisoner, I will tell tho jury that you were a person doing a large business, realizing a good income, and, so far its this circumstance goes, having every motive of prolonging your own life and that of your wile. Prisoner : - Honor, it has been represented in the public journals that X was in needy circumstances. His Honor : I cannot bo supposed to know what may appear in the publ.c journals. Mr. Merriman: If the prisoner chooses to go into that part of tho matter I must go into the matter of this land being mortgaged. .Cross-exam'iation continued: lam not aware that there was any spirits in the house just before this occurrence. If there had been' spirits I must have known it. There was porter in the house. I cannot say that I saw you drunk before this time, but I had seen you in liquor. I have never seen you do any violence to my mother in tliis colony, or speak a harsh word to licr. You seemed very kind and mutually attached to each other, ex; ept as I have said before, when you were the worse for drink. I believe you made it your constant study to see us all surrounded by comfort and happiness. So far as I am able to say, you seemed to anticipate her wishes. You were a dutiful husband and an affectionate —

His Honor: I cannot permit this to go further that, prisoner, is for the jnrv to consider. Cross-examination continued: You used invariably to go and meet her when she went Jo walk. On the 'J.'huredfty before my mother's death you walked

together in the garden up to ton o'clock at niirht. T lirard no \inkindnes9 pass between yon on the day of her death. Tdo not lcnow (lint Vhero was any lock on the bedroom door. Most of the locks voro very had. r riie clothes were hung i:p behind tho bed--I*oolll door. One of the revolvers was always plneed on n shelf near the window at the foot of the bed T dul not. hear more than ono explosion resembling a gunshot, when I opened the bedroom door. 1 might, not. him* heard a cap explode from where! stood. T cannot. say how long yon might have heen in the house before I heard the cup fired. T did not hear my mother use any reproachful expression. 1 heard you say " T can die happy with you — not. the first tiire T entered, but the second time. You and my mother were standing near the; box marked P on the plans. You were standing where the small letter a is marked, mid my mother nearer the door, at the point marked C. I*did not hear my mother say anything reproachful to you. T did not hear her blame you, or in any way allege that you were the caiiFc of her death.

Prisoner: T desire your Honor's permission to read the letters as evidence which 3 hold in my hand. They are letters from the Vice-President, of the Legislative Council Melbourne, the Hon. Mr. A'ernon, and others through whom T was promoted to be Adjutant of the Victoria Cavalry Yeomanry. I had previouslv been an oflicer in iler Majesty's service. T prefer. since the matter has been brought forward, that the whole of it should bo gone into.

His Honor: T have refused evidence to your prejudice ; ifyou offer these letters you must let in what lias been objected to. The Crown Prosecutor will he at liberty to re-examine upon these details. Prisoner : I desire the investigation to bo as full. I wish the Court to have some knowledge of my antecedents. His Honor: "Well, Mr, Mcrrimnn is at liberty to re-examine. Accommodation op tiik Count. His Honor, addressing the jury : I think, ccntlemen, that this rase is likely to last longer than to* day, and it is not easy to sit in a half-lighted apartment. My own health is not good ; even if it were good, T could not hope to bring the whole strength of my mind to bear on the merits of this case, after sitting here the whole day. J will ask the Sheriff to provide such accommodation as mav be found for you. I have no doubt it will be agreeable to the General Government that you should be made as comfortable as circumstances will allow. It is impossible that T can do justice to this man, upon trial for his life. 1 here lias been but one witness examined ; there are several more witnesses, and then there will be the prisoner's address to the jury, ami the ."Judge s summing up the evidence. We will, therefore, adjourn the Court for a short time, for refreshmentThe Sheriff has, no doubt, made provision for you, and vou will find some refreshment in the next room. I will, after Court resumes its sittinsr. fake one more ■witness, and then wo shall adjourn till to-morrow. I fear T have no other alternative than to lock yon up for the night. The Sheriff will take cure that you :ire provided with whatever mav be necessary. It is impossible for me otherwise to hrinir mv whole intellect to bear upon this case, and discharge tho responsible duty of Chief Justice. The Court, at (his stage of the proceedings, adjourned for half an hour. When the Court resumed business, the counsel for the prosecution re-rnlled "William McLean. By the Crown Prosecutor: 1 was out about a month or more previously to the oeeurrence pi<r shoot - ing. I never could iret the nun to go oil' without putting priming on the nipple. T never saw a 51111 with two barrels go ofl' instantaneously in the same direction. I have never liad any experience of a similar instrument charged with ball act simultaneously. "Whenever "I saw my father load the gun it was never with a single ball. f l he length ot time between hearing the first shot which was fired out of doors, and the second time in the passage, was about ten minutes. About an hour or an hour and a-halt elapsed between the time I heard the shot aiul scream in the bedroom and (lie shot in (lie passage. 1 recollect n quarrel which took place between my father and mother in Melbourne. Ono night when we were going to "bed I heard a scream fjem my mother suddenly in the bediooin opposite the passage. 'I went into the room and saw my mother standing by the bi d side, lily father was in the room also with a sword in his hand cutting at my mother. He injured my mother about the head and shoulders, and she hied from tin; wounds. I caught hold of the sword from my father, but it cut my hand. T held it tell he let it go. My father was tiied for that offence, and received sentence. lie was in prison .some few months. By the prisontir: My mother was ill from the effects of these wounds more than a week. Sly mother went to his Excellency with jhe object of getting your sentence commuted. I cannot say how long you were sentenced, but I believe it was nine mouths. You were away from home about three months. My mother and you continued to live happy together ever since. I never heard you, in Yictoria, subsequent to your incarceration, use an angry or bad word to her. We resided in Yictoria about three years afterwards. My hand was not much injured by the sword. I can't say whether T stayed the force of the cut. I grasped the sword. Ido not think you intended to strike anybody in particular with it, because I believe you were in t/rlirimii tramns at the time. The Court here adjourned for half an hour. Win. M'Lean being recalled, deposed: I do not know tho handwriting of these documents, but I believe them to be correct. Subsequently to your incarceration you held an appointment as acting Adjutant in the Victorian Light Dragoons. "1 have seen my father so acting in uniform. Previous to that time you were only regimental sergeant-major to the yeomanry Cavalry. I know that you bad been u lieutenant in her Majesty's service, previous to your coming in the Transport Corps, anil were also first drill instructor. Anne M'Lean sworn : I am the daughter of prisoner ;lam 17 years old. I recollect the 3rd of last June. I saw niy mother on that day for the last time about half- past 11; she was standing at the passage of the house. My father was with her; he had no weapon in his hand at that time, after I had seen them standing in the parage together. f was

washing previously, and continued iloing so. I was about 20 -yards distant from them. After tliis I lioard

the discharge of fire-aims. I also heard a cry from my

mother, immediately alter I heard the report of (irearms, 1 also heard the cry. The cry, and tlio sound of the lire-amis came from my lather's house. 1 was ill the yard outside the house when J saw my father and mother together, and v.'as in the same position when I heard the lire-arms discharged. 1 heard the sound of lire-arms in the morning at breakfast time,

in the paddock behind the house, which was about

100 yards distant. The next time I heard it was in the passage of the house, and the third time f also heard the scream. J saw my brother outside the house at that time. lie was thatching a fowl-lmusc. When I heard the noise I ran into the house and entered my mother's bediooni. The passage of which 1 have spoken runs up to a store. I was washing at the hack of the house. I ran into a passage at the hack of the house, and passed a long table there where then; is a door, which leads to my mother's bedroom. 'W lien 3 got (lu re I saw my brother

and Falker. I remarked gunpowder smoke in the room. My brother w;is struggling with my father

and trying to tal'e the gull from him. lie at hist f obtained it from my lather. I saw him look - at it,

and I took it irom him. I did not see my mother ;it that time. I went outside with tlio gun and tried to fire it off, without success. I then threw it down at the gate loading into the garden, at the front of the house. I came down to the hack door, when I heard another shot fired. I went into the same bedroom and saw my lather standing in the room with a riile in his hand, lie was wounded in his face. I then saw my mother between the door of that hedroom and an inner room. I endeavoured to raiso her up, hut could not do so. I saw no marks on her at that time. My father was present. 1 said, "Oil! lather what have you done." lie replied, " We shall die happy, as we ought to die together." My mother said while I was trying to raise her, " that she was dying." T examined my mother afterwards. I pulled aside her jacket, and paw blood 011 the front part of her person. Shortly alter that my mother died. Before her death, George Sharp, and J.)r. Titterton and his assistant, came inlo the house, and the military authorities then took 'jhurgo of my father. 1 saw Mr. Jlill, the Adjutant of the 70lh liegiment there with some men. KS'jy the Prisoner: I arrived in Movembcr, 1802. with my mother. We were wrecked in Twofold I3ay on the passage. A great deal of property was lost'. You provided a comfortable home lor us here. i\lv mother ami you were mutually attached to each other. It is my opinion that you have a fjood heart. You have always showed yourself a i;ood husband and a kind father. 1 think my mother was a kind mother and a faithful loving wife. I have heard you use angry words, and seen you lift your bunds to strike JLicr, in th>o colony. I did e ..J y 0 » lift j„„r

bauds to strike her. You ought not to ask me. 1 do not. remember the occasion. I refer to your irakinn- use of bud language to my mother. I would rather not say the words I have heard }0U make use o' tmd words to mv mother several limes. 1 have heard you speak of iny mother residing in Auckland tiil "the war was over. Ido not remember you packing up a leather case with my mother's wardrobe for that purpose. I had often heard my n o'her say that, she would feel very unhappy apart.fn m you, and that she; would sooner take her chance with you. At that time we were in constant damrer of lning attacked 1 y til" Maories. On vour return irnni Auckland you used to bring presents to my mother and self. Oil the last occasion vou brought mv mother and selt some nold brooches,' and on the last occasion of coming from Auckland you brought large parcels of clothing for myself and mother. We wero surrounded by comfort and plenty. All the time wo were residing nt Pokeno guns were behind your bedroom door. It was customary for you to clean and discharge the lire aims 'in order to keep them read} for use. There was not, to my knowledge, more than one double-barrelled gun or fowling piece kept in the house. You had besides that 2 single barrelled guns, 2 revolvers, and 3 horse pistols. on fired a rille on the Friday morning, to the best ol unbelief, behind the whare. 1 did not see whethcTThe weapon vou discharged in the paddock missed fire or not. When T heard the pistol shot, I went out and saw a gun in your hand. I mil not- aware that the .run missed lire. I believe that my mother and myTclf, and the remainder of tho family, came to know what whs the matter. I do not remember whether you said that, both barrels had exploded. I observed a hole through the weather-boards ot the trap-door, but do not remember whether the hole was large. His Honor: Ifyou choose that I should write this down, of course I do not-wish to stop you, but we have bad this from tho young man, William Maclean. Of course, if you wish to confirm his evidence by that of the young woman, in essentials which you may deem important, you have a perfect, right ; but we have tho dimensions from the young mail, and, I believe, also the shape oi the hole. Cross-examination continued : I observed, 1 believe, a jauged hole in tho trap door. 1 think 1 heard my'mother say that 1 should take care of that weapon, as it- was very dangerous. I remember you saying that if you had held it horizontally instead of perpendicularly, and if any of us had been outside the passage leading to the whare, he must have heen shot. iVmembcryou saying you did not know how it. went oil'. ' I cannot remember anything else you said. His Honor: Allow me to say, prisoner, that ll these questions had been likely to he unfavourable to vou, and thev had been put by the counsel lor the prosecution, I would not allow one ol them to be put. They are against the rules ol evidence. Cross examination continued : I remember your speaking of vour intention to go to town, and requesting my mother to accompany you. 3 heard you say you expected a license for your house at lokeuo, at the approaching licensing day to be held at Prury, ■ '28th of dune. I have not heard my mother give a reason whv she would not accompany me to Auck- ! land. Hie might have said it was in consequence of l the child having been t-o recentlv weaned. 1 heard !my mother speak of cart loads of ti-trcc passing the door. My mother and you went to see the land you had purchased. She might have said that she believed it was nearly cleared. 1 cannot say whether, at that time, the ti-tree had been cleared away. ]Lis3loiior: If the prosecutor had been informed of anything your wife might luive said to your prejudice, anil you had not been present, I would not allow one of them to be put. It is no doubt, and I take it to be your object, to show that you were making preparations to enlarge your estate or propert v to larry on your business on an extended scale, so that they might believe that your interest was that vour wife should live.

Cross-examination continued : I remember the Sundav before my mother s death your asking her to accompany you to the new purchase, in order to see whether it would be best to plough, sow, or leave it in grays. I know ef some spirituous liquors in the house a month before my mothers death. Iherc was some brandy in* rum. r J hey were kept in the whare at the back of the house.

By tho Court : .1 can undertake to say that the prisoner had taken spirits within a month ol my mother's death.

Cross-examination continued : 1 would ratlu r not answer where vou weie when you drank the spirits. 1 cannot answer whether you have been drunk since vou have been in this colony. J- do not know that you and my mother had a glass of poiter e: ch at supper, the evening "before her death. Ido not know whether vou appeared as if you had drunk a single glass of porter on the Friday, the Ilrtl of .1 une. \ cry often vou walked together about the home and garden. T cannot say whether yon ever nmilteil to do so. Am aware that you were walking together the night before her death, both before and alter slipper. Ido not know that you were reading the newspaper to my mother the evening 1 efore her death. I think the family retired to bed about hull-past ten o'clock on the Thursday night. Ido not know what timelyou got up. J don't remember lay mother remaining in bed. I did not see anything in word or deed, lmt kindness between you and my mother on the morning of her death. I must have heard quarrelling during: tlio time 1 was in the house. JLven in the wliare had you spoken in a loud voice to my mother, 1 must have heard you. In the dwelling house sounds were easily distinguishable in the next room. Ordinary conversation could be heard throughout the house, *if it was a little loud. Vou were walking about the place smoking up to the time this tiling happened. A few minutes belore I heard the shot, you wen* standing between me and my brother "\\ illiam. I was washing beside the lowl house. My brother w;is on the roof of the fowl house. There had not (.'lapsed more than live minutes, between that nnother third shot had been tired. Ido not remember that ] heard a cap go o 4 !'after the first shot. 1 followed my brother William into the store. There was no fastening: or lock to your room door. I did not see you and my mother standing together. "When I saw you, youlmd mv brother seemed to bo strugtor tin; possession of the gun. I think your right and not your left side was towards us. our back was towards the* book-shelves behind the door. I don't know whether you thought to keep the rillc from my brother William. 1 took the gun from my brother's hand, and told him to run for the doctor. My brother and I went out together. Subsequently J heard another shot. About two inimitis might have elapsed. 1 immediately returned to the house, i saw your face bleeding. My mother was lying on her back on the ground, between the two doors, praying to the Almighty. 3->r. Titterton next cairn; in, and an artilleryman named ►Sharp. 1 knelt down and asked my mother to bless me before she died. (Witness deeply moved.) She did so. I did not hoar her blame vou as the cause of her death.

l\e-e>;amined by 31 r. idernman: Saw- a doubly handled *111 in my lather's hand when he came in from Um paddock, f would know the gnu 1 toi-k Iruni my brother "Willi:tm. The gun produced mnrkri like thu>o i observed It w;i« Mieh ;i gun sis that produced, hut il had no ramrod. I next day s;i\v it in tin; hands of a soldier.

IJisllonnr: Vou perceive il turns out an I i>xpeeted, that 1 am eompelh.-d to have yon looked up for the night. lam informed by tin; Shenlf that lie will take every possible means of finding for you accommodation at some place. I am sun? it will bo agreeable to the General Government. I have asked the >ln'riir, and T believe accommodation will be found for you here, on those huge sofas, with the aid of blankets brought from your own houses. The General Government will, I have no doubt, do everything that may be required—if they do not J will do it mvself.

The Court adjourned till this day at leu o'clock