SUPREME COURT.

New Zealand Herald, Volume III, Issue 721, 7 March 1866, Page 6

SUPREME COURT.

criminal assizes. Tuesday. (Before His Honor Sir George Alfred Arnoy, Chief Justice.) Hi« Honor took his seat at 10 o'clock. rORGEBY A>"D VTTERINO. Stephen Some, who was found guilty yesterday, of forging certain receipts, was brought up to receive his sentence. His Honor sentenced the prisoner to be imprisoned and kept to hard labour for the space of twelve calendar months. SHOOTING WITH INTENT. Francis M'Maho» was arrrigr.ed in tho dock, charged with attempting to shoot one James Nolan, on the 25tli December. Prisoner pleaded not guilty. Mr. Broolifield prosecuted, and Mr. MeCormick, instructed by his Honor, appeared to watch the case on behalf of the prisoner. Mr. Brook field having opened the caso at some length, called James Nolan, who on oath, deposed as follows : lam a bushman, residing at the Nottingham '"'astle Hotel, Auckland. I was in Mr. Wood's houso as a lodger on the night of the 2oth December. I saw tho prisoner there. After tho house was closed I went down, to havo some supper in the kitchen. Mr. and Mrs. Wood and Sere #&nt Anderson, and a woman servant, went down with ino. There was another boarder present. Whilst at supper I lieard a knocking at the door, and Mrs. Wood ■went to answer it. Mrs. \V ood subsequently returned, and afterwards there was another knock. On tho second kno<k I and Sergeant Anderson went upstairs, Sergeant Anderson first. We wore close together; Sergeant Andeison opened tho door. This was about a quarter to twelve at night. "VY lien Sergeant Anderson opened the door I saw a man of the name of Cnllen, and also the prisoner.

Mr. McCorznick desired that all prisoners might be ordered out of Court.

Cross-esamination continued; I saw Cullpn seize Anderson and pull him into the road. McMahon also had hold cf Sergeant Anderson, who was on the ground. T went out and thoved McMnhon away, and he fell down in consequence of the drain. There had been no previous quarrel to my knowledge between any of the parties. I heard no quarrelling at the tim". When McMahon got uu he presented a pistol et me, towards my breast. He did not say anything previous to doing it. He pulled the trigger and the cap exploded, and the flash passed ncro-s r.iy eyes. To tho best of my knowledge the prisoner held the pistol in his right hand. I did not see where he took the pistol from. I then went to Anderson's assistance, who was shuflling with Cullon. McMahon then ran at me a second time. T got away from him, and Cullen told WcMalion that lie did not know how to use tho pistol, to give it to him. Accordingly Cullen then presented the pistol at me also. I can't say tho prisoner saw him. but he was there. Whilst I was wrestling with Cullen to get the pistol away, the prisoner went into his own hou-c. Mr. Wood took the pistol out of Cullen'a hand while I had him down on the floor of (he verandah. The pistol was immediately taken down to tho polico office by Mr. Wood in my presence. 1 should know tho pistol again. (Pistol produced by Sergeant Clarke.) This is the pistol. I know it by a scratch made on it. I was present afterwards when tho charge was drawn by Sergeant Clarke. It consisted of gunpowder, shot, and a stamped wad. I had no previous quarrel with the prisoner at any time. Cross-examined by Mr. McDormick : I heard no words spoken, but theru might h-n-o been before I got up to the door. The prisoner had hold of Anderson with both his hand-. Anderson was on the ground and ths prisoner over him, and this was tlin time that I gave the prisoner the shove. I will swear it was after McMahon got up that he presented the pistol at me standing. He was within two yards of me. At the time of the occurrence I was perfectly sober. I did not strike. I shoved McMahon down. I did not kick him nt nit 1 did not soc anyone kick McMahon. "When the cap explocd.d Anderson and Culk-n were struggling together, about two yards off. I havo been living at Tairoa since the occurrence took place, for about three weeks. The rest of the time I was living at Mr. Wool's. I have always said the prisoner presentod the pistol at mc. I will swear that I never said that I had no ca«e against the prisoner and would not have brought any charge against h m only for Mr. Wood. I remember a conversation tho following day in Mr. Wood's house, when Cnllen and Sullivan were present. I did not say to C'ullen that I had no ease at all against the prisoner, and that but for Mr. Wood I would not prosecute. I said no words to that effe«t to anyone. The prisoner's daughter sent for me one morning, and .when I went I saw the daughter crying in the kitchen. She asked mo not to go against her father any more, and I said I could not help it, that tho sergeant of police had got the pistol. I believe the girl's r.ame is Maria. I think this was on. tho morning after the prisoner was apprehended. On my 'oath I did not subsequently to the case being' brought before the Police Court »ay to the prisoner's daughter that if Mrs. McMahon would give me £10 I would leave the country. I did not say that it was old Wood who was pressing the charge. I never spoke to the prisoner's wife at all after he was committed for trial. I believe the prisoner was sober— he appeared to be.

Sergeant Joseph Anderson, deposed that he had been present at tho time of the occurrence, which arose through the fact of tho prisoner and Cullon having been refused admittanco into tho house because it was after hours. Had seen tho prisoner present the pistol at Nolan and pull the trigger. [Tlio remainder of witness's testimony was meiely corroborative of that given by the la?t witness.] Cross-examined by Mr. McCormick: The prisoner was not sober.

William Wood, the proprietor of tho Nottingham Castle Hotel, was next examined, hr ovidonco being similar to that given by previous witness. In cross-examination by Mr. MeCormick, witness «aid that he had never pressed Nolan to go on with this case, but had said that he (the witness) certainly should. Sergeant Clarke, of the Auckland Police Force, produced the pistol. Had drawn tho charge, which he also produced. James Foster, watchouso keeper, deposed that tho prosecutor Wood had come to him early on the morning of the 26th December, and given into his charge the pistol produced. This closed the case for the prosecution. Mr. MeCormick, before calling any witnesses for the defence, addressed the jury at considerable length, contending lhat there were several inconsistencies in the evidence given by the prosecution, and pointing out very carefully tho law bearing upon the witnesses for tho defence were then callcd, as follows: _ Sergeant David Cullen deposed that he had been in the prisoner's house in company with the prisoner and 60me Of his family between 11 and 12 o'clock on the night of Christmas day. His daughter Alice, "who ''as in the roouij went into the for n. few minutes, and returned and said something to her father, who then left the - room and went upstairs. When he came down he had a pistol in his hand, and he (the prisoner) then went into the yard, returning in a few minutes, when he said to him (witness) that he had seen a man in the yard. Prisoner then asked him (the witness) to go and see who was in Mr. Wood's house for him, as he did not go there. Witness had gone to TVood's houso, followed by the prisoner, and had knocked at the doer, which was opened by Sergeant Anderson. Witness had asked to be let in, and Anderson wanted to know who was ■with him. Sad told him, to which Anderson repli D d J * # D - n the old wretch, he won't come in, or you ( either." Anderson had then put his hand in front of him, and shoved him out of the door. Witness fell down on top of the prisoner, and Nolan immediately rushed out and struck tho prisoner. Anderson then seized hold of him (the witness) and during the scuffle he had heard a cap explode. At this time tho prisoner and Nolan were to the left of the door, and Anderson and himself to the right, and lio did not think that Anderson could possibly have seen what the prisoner was then doing. Was euro Nolan struck the prisoner. Could not say what position (he prisoner was in when the cap exploded. Ilie prisoner had the pistol in his hand. Hud not seen him do anything to Anderson. When the cap exploded he was still struggling with Anderson, as likewiso were prisoner. When Anderson let him 'witness) went instantly to the prisoner ... WJrpn Volon rnflhftd nfchfm RTul this evening for Tauranga. The schooners Ivanhoe, for Mongonu Grant, for Wongarei,"both took their dep terday morning. ■ „ Tho b ur'l'ie Prince Tiegent, Capt. Mcnui yesterday for Newcastle, N.8.W., in ballai The schooner Helen and cutter Shai Tairua, Whitby and Hiia, for Wangapoa for Kennedy's Bay, and Three Sisters, fi Bay, all (ailed yeterday for sawn timber.

had lost his watch on that occasion, Nolan having pulled tho chain and fnntched the watch from him• Had seen one of the prisoner's daughters take hnn away into his own house, which is situated only a short distance from where tho scuffle tooi place. Had seen tho prisoner drink throe glasses of brandy during the day. The next morning had been present with Nolan and Wood in Wood's house, and liarl some conversation relative to the occurrence of the previous night. Nolan had said that he did not want to have anything to say in tie matter, and tlmt it wa« Mr. Wood who was making him bring th o case up. Wood said that ho would have the case pressed against tho prisoner, and Nolan observed that lie (tho witness) was also implicated, and would have to bo brought up to Court., Had been brought to the Court, and discharged. Cross-examined by Mr. Hrookf.eld : The prisoner could walk straight. I had hold of Anderson on tlie Wound, and will swear lie could not seo when the pistol exploded. I saw Nolan striko McMahon. I was not drunk; I had about two gl-issos of brandy durin" the dnv at McMnhon'a house. I saw McMahon drink throe glasses within about half an hour. I do not know for what purposo McMahon took tho pistol. ' . W. Sullivan, a privato m tho 1-lth Regiment, deposed that ho hud been at tho Nottingham Castle Hotel on the morning of tho 2Bth, and that ho had heard a conversation between Wood and Nolan relative to tho occurrence of the previous night. Nolan said he did not. want to prosecute, and Wood said that he would malro him. Had also seen tho prisoner on that day. His faeo was cut, and lie complained of bruises about his body. Alice McMahon, tho daughter of the prisoner, deposed that-she had been at her father's house on the night of Christmas r>av. Had heard a noise. Pad occasion to go to tho well to fetch some water, and her attention was attracted by seeing a man in the pardon. Had then cone into tho house, and told lier father, who immediately went upstairs, returning again in ft few minutes with a pistol. Ho hid only 0110 pistol with him. Could not say whether ho was in tho habit of usin-r it. Her father had then gone into the yard with the pistol and returned. A. few minutes aflor wont out a secr.nd time, and witness heard a great jkiso. She went out to seo what the noise was, and ?aw lier father held down in the drain hv Wood and Nolan. Had said to Nolan for God's sake to leave her father alone, and ho had called out three times to Kill tho old wretch. Tlad assisted to raise her father from the ground,and then Wood and Nolan went hack to Wood's house. When her father irot into tho house he appeared most brutally hurt, being cut. about tie faee. Marin McMahon, a daughter of tho prisoner, re membered having a conversation with Nolan respecting this charcre aea'n«t lier father, after the examination in tho Police Court. Nolan said on that occasion that ho did not wish to press the charge against her father, and that if her mouther would give him £10 he would leare tlie country. This closed tho evidence for the defcnce.

Mr. Brool,-field, in reply, made a very forcible address to the jury, and hia Honor having summed up at considerable length, going car fdly through the evidence, the jury retired, and after an absence of about five minutes returned into Court, with a vervict of " guilty of nn attempt to do grevious bodily harm." Mr. MeCormick called Col. Palneavis as a witness to the previous character of the pri oncr. Witness depo=od : That ho had been in the SSth Keghncnt, of which he was Adjutant. Jfo bad known him for 27 years; tlio prisoner had always > ome an excellent character, :nd was discharged with a gratuity and pension, having also itceivcd mark' of good conduct . Mr. MeCormick quoted from the statute to provo that it v.-ns there set forth that guilty of an intent to do jrrievou-* bodily ham; hecame constituted a felony, and"that the indictment upon which, the prisoner had heen found guilty did not contain the word "maliciously." Ihtreforc, the conviction could not he maintained. TTis Tionor consented to hear the argument on a fntuvo HayMr. Broolifield said that he had been instructed by the prosecution to pray the cl miency of the Court for the prisoner He might remark on his own part, that he had known kim for some years ; had alwayf undersf oo 1 him to bear a very eot>d character. His Honor referredjud ;j ..;ent. Tho Court a jonrned at five o'clock, until ten o'clock to-morrow.