SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume IX, Issue 2489, 17 January 1872, Page 3

SUPREME COURT.—Criminal Sittings.

TUESDAY, JANUARY IG, 1872. [Before Hid Honor Sir Gr. A. Arncy, Knight, Chief Justice, anda Common Jury.] His lloxon took his scat on the Bench at 10 o'clock. KxTi:AOßDis"Asr CiiA.nofi of Perjcut.— The first witness called to-day was Constable Gamble, who accompanied AValker to Manning. He corroborated the evidence of the previous witness.—This closed the ease for the prosecution.—Mr. Hesketh opened the ease for the defence. He said he would be able to prove beyond all doubt that McGeoch was shot at; that they—McG-ooeh and his wife—sa*.v the man run away ; thai Manning, or his man, were in the neighbourhood of the place whence the shot proeeedod. He would also prove that in a conversation which occurrcd in Mr. Copland's Hotel (Auck'atuiJ, it was admitted that a neighbour named Burgess heard the report of firearms.— Andrew MeGeoch said lie was a fanner at Puparata. .Remembered Tuesday, the 17th of October, and Sunday, the 15th. Saw Manning and his nuni Bob together on the 15th. They were near to Nome's bush, on the roadway. It was about 1 o'clock in the day. Remembered the inquiry before the Magistrate, at I'apakura. Stopped at Hamilton's Hotel that day. Saw flic prosecutor an;l "Bob" that morning. They were also ai Hamilton. Manning came out of the hotel o.i to the verandah, and Bob came down the road. Manning asked Bob whether Mrs. McGrooch dii not know that it whs he (Bob) that fired at witness. Bob, in answer, said ho was quite sure she diil not know that it was he (Bob) who iircd the shot. Manning then said, "Wc have them all right this time." Manning did not know that witness and his wife were in the hotel at the time. Witness came there before 8 o'clock in the morning. Witness distinctly swore that on the 17th (Tuesday) he was shot at. Remembered the police coming on the 20th. They " eooeyed" half-a-mile away. "When thev eime into the house they washed themselves, and had some supper. They had got into a swamp. They talked about a " still usked whether witness knew of any siill in the neighbourhood. Witness brought t:s«»!U to the place where he was fired at. Witness's wife was with him when he was tired at on the 17th. He was cutting scrub. There was about a rood of cl"ar ground. Tin* man who shot at witness came in at the opposite side to where he was. The man was in a crouching position. Witness "mule to away," getting out by some pungas. Clot about ten yards when the mar. tired at witness. There was a fallen birch tree where witness sto.nl. Heard toe report of the gun and tiie whiz of the bullet. The man had .Manning's coat and hat on. Was standi g ?-idewajs tu the man when he iircd. Had se..:i the coat anit hat on Manning many times. Witne.-.s was joined by his wife, and both went horn *. Anderton was no" present at the time. He was from home, and did not return until Tuesday. Could not say whel her he toid Andertou about being tired at. Witness thought at the time it was Manning who tired the ehot. No othor man had taken up arms against witness, and Manning hud done so several times. Went- the next day and laid information to that ctlect. When the case was called before the magistrate, witness said he had found out his mistake} that it was not Manning who liivd the shot. Notwithstanding that declaration the ca3o was brought, on. i)ul nut know why, except that Mr. AieUsop and the police were dc:ei\uiued to make a ease out ot it. 'lho police were pushing for Manning. Manning was discharged an I witness wa j arrested upon a charge of perjury. Witness's next, younger brother was only twelve yeais ol | age. "jle offered I*l a week to Bobonlyjn chaff.—Cross-examined by Mr. Kees : dj nesh said the document produce! yesterday ' was written partly by hims-ii' and partly oy Anderlou at. wituet&'s house in l'aparala. Bob said he was engaged with Manning for a Used perio I. Andenon and witness's wiie always said it was Manning'* man who fired the shot. Witness euanged hi> opinion ia consequence of the conversation between Manning and this man ouUide Hamilton's hotel in Bapakura. J-id not remember holding up his hands afterwards and ealli' g God t,o witness that it was Manning. Cuusud the word " suspect" to be struck out ol the information because he wp.s " certain ' it was Manning.—The witness was subjected to a searching cross-examination upon the depositions before the magistrate, wiiL-h lasted over two hours. The discrepancies were Vw.-y mimero'is upon small but material statements. He hesitated long before giving some answers. Amended the answers when giv-n, so that he been :ie thoroughly confuse.!. — McGeoch was examined. tShe said she was with her husband in the bush oil the 17th ot October. She sa.v a mm' come from t he bu-hes. lie made n crushing noise as he came out. The mail s nice was blaolied low down. His hut was pulled down over the upper part of his lace. She knew tlie man. It wan Kubertsjn (Bob), Manning's mun. She heard the shot fired. ILer husband fell just as tiie shot was lirea. AnderLon came lijme in Llie afternoon. Sho told Anderton that her husband had been shot at. Anderton said he had heard the report. Sho lieu I'd the conversation between Manninjr and Boh outside Hamilton's hotel. She heard Bob say that "ho was sure Mrs. MeGeogh did not known that he had lired the shot." Manning then said, " If that is so they are in for it." AVittiess had no doubt the shot was lired by Manning's man, Bob. (The witness pointed out Bob, who was sitting in the Court, and repeated her statement.) — The witness was crossexamined, to show the relative positions of the loan who she said fired the shot, her husband, and herself. Nothing material was elicited. — Joseph Whitworth, examined by Mr. Hesketh, said that he met the man named "Bob' in Copland's Thames hotel 011 Saturday. Bob j said I.!lat Burgess told him that ho (i'.m-gcss) , had heard the report of firearms oil the day . stated, between one and two o'clo.'k m tiie 1 day. Knew Anderton, saw him on Tuesday x the ID' li. Knew Anderton for seven years, t, Never heard anything against, him. Hid not , know him to be addicted to telling falsehoods, i Anderton was generally spoken well of in his _ district. — Henry Curler, a settl.'i', gave ~ similar evidence.—William Kerr, o! Sprmg- , field, knew Anderton and his brother. Had 3 dealings with hiin. Always considered him ti n respectable and truthful settler. — Mr. Georgi v White, of I'aparata, considered the defendant L 0110 of the most respectable young men in thi y district. —This closed the case for the defence —Abraham Bird and Constable Gamble wen ie called to correct the distances given by thi witnesses for the defencc, between Norrie ( y bush und Manning's house. Also to contraiic

ilcG-iO'ili's evidence as t"> took } ! u-e before tlif magist rale.—Coiidi:ib!e was called to contradict .Mr-,. who sjiid ?*ne didn't und-.T«tji!id plans or nr:o*, ! and that her husband nerer threatened tin* w she did not give evidence Manning. Walker s::id that, iu- *:\xv itrs. pointed out 1 lie places on a map i._j Ooiis'aljie Gamble; he also henrd her .-ay that h'r lißsbiirut had said that if she did i:o( -iv.evidence he wjuld kirh ihc £uts out of I± L * My. Kohirson. cllmSc to the Resident ilagistrate 3 Courts, sai l th-.t ?ilcGreoch raised tip l»ia hands and called G:.d : d witness that if was Manning who shot ar him. It was in consequence of McOeoeh's po=i'dre tesLhuonv tliat the words " cause to suspect" were erased from Ihe informal i-m. Neither the magistrate nor the police forced on the case. McGcofh never expressed a wish to withdraw tin? charge. There v.15 nothing said or done lo prevent, McGvoch withdrawing the charge if lie had thought proper.—E:.berl»on (Bob) was re-called, and swore lliat ha was nul. near Llie spot, where the alleged firing occurred. He never had a ha', and coat of ilaur.ing'; on. He h:d not his face blacked. Had 110 firearms in his hand at any time of the dav 0:1 the 17th. —The proreeuior was a!s> re-called, and said, at the lime in question lie h id no black *' billy cock" hat. such as was described by Mrs. MeGreoch. Did not lend Bob a c >:i to wear 0:1 that day.—This concluded file evidence. Tlie Court rose at. 7 o'clock, ond wid l'esuu'e at 10 o'clock this morning.