EXAMINATION OF HALEY, THE ALLEGED INCENDIARY, UPON A CHARGE OF ATTEMPT TO MURDER.

New Zealand Herald, Volume IX, Issue 2519, 21 February 1872, Page 3

EXAMINATION OF HALEY, THE ALLEGED INCENDIARY, UPON A CHARGE OF ATTEMPT TO MURDER.

I [Before Thomas Beckham, Esq., R.ll] Fihst Day. Jan. 31 having been fixed for the examination of this notorious person, the precincts of tho Police Court were crowded from an early hour by persons of all degrees, anxious to hear the evidence. The number of mysterious fires upon an extensive scale, and the great loss of property occasioned by them, invested the proceedings with unueual interest. The fact, also, that there was a charge of arson against a man named Cartwright, rather intensified this feeling. For if these burnings had continued, something very like a panic must have ensued. The nature of tho two charges entered upon the charge-sheet ugaiast Haley indicates the character as well as the nature of the apprehensions which people felt on account of the presence of some dangerous and desperate person in tho community, whom nothing could deter from employing the most diabolical expedients to gratify the indulgence of spite, or whatever morbid passion would be uppermost. For a time it was felt that there must have been some dangerous lunatic at large, or, if not, there was some even more alarming source of crime in tho population, which if not discovered, must subvert even society itself. It was therefore with a very general sense of relief that the amazing folly of the suspected person had led to his apprehension, and such an investigation as would clear up the mystery. The story of the first attempt mnde upon the country dwel-ling-house of Mr. Russell and his family had been published, and caused great sensation and alarm. The details of the prisoner's oap(.uro had caused a good deal of excitement, but many of the facts to be deposed to in evidence wero not known, and consequently were the subject of considerable speculation. These circumstances sufficiently explain the interest manifested in those proceedings The person of the prisoner was very well known to most men of business in Auckland. Judged by external appearance, he was about the last individual who might be expected to commit gucli dastardly outrages as he is now charged with, or such desperate resorts for the satisfaction of irauginary grievances. He had established a read-ing-room in the New Zealand Insurance Buildings, also, public rooms and restaurant, which, from their style and extent, promised to be a very general convenience. How these

places were destroyed need not to be rela'.sd. The prisoner was remarkable for a quick and self-possessed demcinour, correct amsiners, and liia address, apparel, and speech, gave the impression thut he was rather a shrewd man of business. f The moment the doors of the Court were opened there was a rush to get places, and the Resident Magistrate was obliged to direct that the crowd should be allowed to wedge themselves together so that from its J compactness it would be quiet enough. [ Several General and Provincial Government ' officers were admitted to the solicitors' table, : and a number of Justices of the Peace were accommodated with seats in the vicinity of the j Bench. The appearance of the prisoner when placed in the dock was a very marked contrast ' to that by which he was first known and distinguished. He looked haggard; his features were elongated, and there was a I I sinister expression which even the anxieties of ! euch a position could not conceal. His hair was short. Two half-healed wounds were visible

on the forehead, just above the right temple, and over and between the eyes. He 19 rather under the medium height. There was nothing vacant in his features or restless about his manner to indicate insanity. He was calm and collected throughout the inquiry. Hβ occupied himself with taking, apparently, copious notes of the evidence. There were three informations sworn against the prisoner—(l) For feloniously and maliciously firing eight shots into the dwelling-house of Thomas Russell, on Monday, 22ud January, and shooting at Thomas Henry Russell with intent to kill, a capital offence ; (2) for feloniously and maliciously setting fire to two hayricks, the property of Thomas Ruesell on the night

of the 27th January, 1872; and (3) for sending a threatening letter to Thomas Kussell. Before the commencement of the inquiry his Worship inquired whether the prisoner had counsel. Mr. Brookfield said Mr. MacCormick was detained for a short time in the Supreme Court. Ho asked the Court to adjourn the hearing for a quarter of an hour. tie would bo sorry that there should be the slightest itdrantago taken of a person in the prisoner's

unhappy position. His Worship adjourned the Court for a quarter of an hour. Mr. HaeCormick arrived, and took up the defence of the prisoner. Mr. Brook field, iu opening the cuse, addressed the Bench as follows:—Your Worship,—lt is right that I should give you a short outline of this case, and the facts by means of which I intend to connect the prisoner with the shooting of which he at present stands charged. Of course it is now a matter of public notoriety that oil the night of tho 22nd of this month, or early on the morning of the 23rd of this nionth.some person did fire into Mr. Russell's dwelling-house, known as the Pa farm, near Onehunga, no less than eight eliots, and into different parts of the houso. The first shot was fired at the head of Mr. Thomas Russell's eldest eon, namely, Thomas Henry Russell, a young lad about 14 years of age. I think you will find, when you have heard the evidence, that this shot passed v ithin less than two inches, or about tho thickness of his hand, above his head, smashing the glass, and lodging in the ceiling. After firing this shot the man appears to have stood awhile, as if for the purpose of ascertaining what might have been tho effect of the shot, while, during the interval he was heard to say two or three times, " I will iiave Tom Russell's blood! " The man thon proceeded to the next room, which happened to be Mrs. Russell's bedroom, and fired a shot,which went through the pillow, but from which Mrs. Ru6sell had fortunately risen. Ho went to the next room, and the next, and fired a shot into each. Into the drawing-room ho fired two shots. The windows are French casement windows, and one of these was forced open as if by a man's shoulder. Ho then went to the back of the house and fired shots into the house through tho wall from that side. He next fired into tho bed chamber, where tho other children were sleeping. It will be shown that the man called about half-past ten that night at the houso of Mr. O'Keefo, near the Royal Ouk Hotel, Oneliunga, and asked the way to Mr. Russell's house. There will be evidence to show time the prisoner was that man. Young Jfr. Russell will bo able to identify the prisoner as the man who shot at him from the verandah. There will be a threatening letter produced which will be traced to the prisoner, and the handwriting on the cover will be identified as that of the prisoner. That letter threatens Mr. Russell with firo and destruction of his life and property. The account of the arrest, which reflected no little credit upon Mr. Broham, the chief of the armed police, will be detailed. The revolver and the bullets which were picked up will be found to correspond The revolver is on a peculiar principle, namely, that of the needlegun, and the aminuuition or bullets are of a peculiar shape and make. It is extremely probable that no other bullets of tho kind are to be found in Auckland—certainly, not in the hands nf private persons. I think the evidence will bo sufficient, and more than sufficient, to warrant me in asking the Bench to commit this man for trial upon tho charges which are now brought against him.

Mr. Thomas Russell was the first witness culled, and examined by Mr. Brookfleld. He deposed : I am a eolicitor, practising in Auckland. I am the owner of an estate at Ouehunga known as " The Pah." On the night of the

22nd of January my family were sleeping there. I was at my house in town, having to go to tho Thames at nine o'clock the next morning. Mrs. Russell and seven children were in the house (at the Pali) on that night. One of the children was Thomas Henry ttussell. I went lo the Pah farm on the niorninc of the 22nd January, between five and six o'clock. I bund in a ground plan of the house and premises. It is not drawn to a. scale, but it is very nearly to scale, and it describes pretty accurately the position iu which the person must have stood to fire these shots. When I arrived at the hiuse iu the morning, I found a bullet-hole through the window marked A. All the windows in front of the house are French easement windows. They are all marked, 1 to 5 inclusively. They are all glass from top to bottom. 1 found a bullet hole through tho first window. The frame all around was blackened with powder, and a bullet-hole in the ceiling taking the direction of the dotted line. In No. 2 window 1 found a ehot-hole in tho window (glass) which took the direction of tho dotted line on tho plun. That shot went through the pillow of the bed in tho room, and battered the wall beyond tho pillow. At window No. 3 I found another bullet hole, and also a hole in the partition, as marked by the dotted line upon the plan. In window No. 4 I found three panes of glass broken. This shot fired must have taken the direction shown on the plan. Window No. '& had been burst open; the little bolt at the top was forced out and thrco panes of glass broken, as stated. In window No. 5 I found a shot had been fired through it, which also took the direction marked on the plan. I know the direction tho bullets took because all the blinds were new, bein<* of stiff glazed linen, standing back a little from tho windows, aud clearly indicating the position from which they must have been fired. I found, at the back of the house, at window No. 6, a bullet hole through the window, through a blind similar to that described, and penetrating the partition, as marked on the plan. I found also that, two bullets hud been fired into the room marked C. I assisted iu finding several of the bullets at these points. (Mr. Russell marked with red ink the points on the plan where the bullets were found). I have marked the bullets M, N. One of them had rebounded against an elastic lath, recrossiug the room to a point marked O on the plan. (The witness deposed to the bullets found in his presence in the wood, by Detective Jeffrey* they wero embedded in tho wood.) I was present at the finding of other bullete, but I

cannot say precisely where they were t-iLei from. One of them" was gnvn to me bv mv son, Thomas Hiury Russell. It .-. with a cross, an ! was taken out of the ceilin" at point P. a'here is a peculiarity alout these , bullets. They are "cupped " lor a very great . distance It is the first time I knew that I cup bullets were used for revolvers. The ■ cups are very deep. They were fired out of a I nve-grooved pistol or gun. I have never seen j any ammunition like this before. I made ! wquines everywhere I could, and could not , near that any person in Auckland had any ammunition of this kind. I could perceivt that these bullets were fired by a person of low stature. I did not measure it in inches; but I compared the height with my own stature and with the height of others I perceived that the point of discharge must have been several inches lower thau my arm, as I held it. At the place wheru the ball entered, in every instance, there are powder marks on the blind, showing that the point of entry and the point of discharge must be extremely near. On the morning of the 25th January I received a letter. It was delivered with my

other letters. 1 found it on my table, and have the letter with me. I reeoguise the address upon it. It is in the haudwritin» of the prisoner, to the beat of my belief. I may have seen him write; I have had his writing in my posaeasion, and have his notebook and memorandum-book before me. I have read the enclosure, and believe it to be the writing of the prisoner at the bar. (Envelope and enclosure produced). I have compared tho envelope and the enclosure with the note-book, and have no hesitation in Baying that it is in the handwriting of the prisoner. Mr. MacCormiek : Before putting these documents in evidence, the foundation for comparing them with the books ehould be laid. Mr. Brookfieid said there would be no difficulty whatever in the mattter. Mr. Russell said he would detail how he came by the envelope and enclosure. The Bench thought, under the circumstances, the document might be read. Tho witness then read tho following extraordinary document, which, to judge bv the appearance of the faces of the spectators, was heard with amazement by everv one present:—

FIRST AND LAST INTIMATION. Accumulating wealth at expense of, and by defrauding the humbler classes. Caledonian: Book Closing. Making bad use of Wealth and Position. Wife haughty and proud to those she oujht to help. International : Yourself, wife, family: Death—Poison, shooting, stabbing. Property—Poison, Ore. Servants who do not leave you after notice shall share as their masters. Finale.—Within two years. Torture at every opportunity. —(Sensation.)

The above extraordinary document was not in ordinary writing. It was for the greater part executed in Roman capitals, large unci email, and printed in columns ut either side of the half-sheet of note-paper. It is evidently tho work of a fair draughtsman, and the mode in which the document was traced to the prisoner's possessionillustra tea ono of the most ingenious pieces of evidence v.-e have even seen. The threat was contained

in a half-sheet of note paper. This cover with the enclosure was pushed under the door of Meesrs. Whitaker and Russc-li's office. It contained an account of Caledonian shares eold, "Three, ten, and two." It was found that tho corresponding half-sheet was a note from Mr. Newman. It was found that tho noto was addressed to Cyrus IL:ley, Parnell. The two half-sheets being placed between two panes of glass, the correspondence of the separated parts was almost- oxaot, not merely as to the tear, but at one of the jagged surfaces the texture of the paper was split and the counterpart overlapped. When held between the eight and the light tin-water-mark could be read. A. figure 0 was divided, and the papers being placed to gether the whole of the figure was perfect. The manner in which the whole sheet came to to be producod is detailed in the following evidence:—

Witness continued :—This envelope was at one time the half-aheet of a note. I found on it certain water marks and "jagged" edges. I went to the police station to examine with Mr. Broham tlie papers belonging to the prisoner. Among them I found an envolope addressed, " Mr. Cyrus Haley, Parnell." Inside I found this necount of Mr. Joseph Newman, " Three Caledonians, two and ten." With it, I found a note from Mr. Newman's clerk, addressed to Haley, which formed at. one time the other half of the eheet, used as an envelope. Tlie following is the letter referred to : —

" Insurance Buildings, " January 22, 1872. "I beg to report that I have sold fifteen Caledonian shares (three, two, and ten), at the prices iu the enclosed note. I shall be glad to see you in the morniug, if convenient. (Signed) " Jas. Buttle, " Pro J. Newman." Examination continued :—- These two piece 3 correspond by the jagged-edjed fitting, by the water mark running on (figures and letters), and a peculiar tear, which caused the " splitting" of the paper, that is to eay, dividing it iu respect to its thickness. lalso identified tho paper by the original fold of the note —the fold by Mr. Newman's clerk is a second fold. The original fold of the part of Newman's letter and the envelope enclosing that to me correspond. Haley was arrested early on Sunday morniug. I afterwards saw him in the police station. He addressed me ; I did not epeak to him. He pointed with his finger at me. The police were with me. He said : " Mr. Russell, you will havo to give up that gold yet." I said "I do not know what gold you mean." He said, " You know very well." Tho prisoner then turned to Mr. Broham and asked why he was detained. Mr. Broham said he had told him (prisoner) before why he was detained, and would tell him again if he wished it. To that Haley made no reply, but turned to mo and said, " You will havo to divide that gold among the people." He added some observations to the same effect, and then asked to be allowed to go to his wife and children, again inquiring why he was kept there. Mr. Broham said, " I will tell you if you wish." He said, " Tell me." Mr. Broham said, " You are hero for having set firo to two hayricks this morning at the Pa farm." Haley replied, " But the gold was not under the hay ricks." Mr. Broham continued: " You are here for having fired eight bullets into Mr. Russell's house at the Pa" ; to which prisoner replied, " But the go'id wasn't in the house, and you know that, Air. Kuseell." To which I replied, " I was not in the house, and you know that, Haley." Upon my saying this he glared fiercely at me, and said, "Why do you come here to excite me?" I replied, " I did not come here to excite you, I came here to identify you." Cross-examined by Mr. MaeCormick : The rooms are all on the same level. The floor of the verandah is not on the same level. There is a Blight difference The verandah level is about two inches lower than that of the floors of the rooms. The blinds might be distant from the glass from threo to six iuohes. The rollers are outside iustead of iueide the architrave. In every instance the shot had gone through the blind. Six shots were fired through the windows, and two through the wood — through the walls of the house—one of the two straight, and the other fired at an angle. These were fired into a room used as a pantry. I reside at tho Pa, stepping in town eometimes. I have seen the prisoner write. I now remember distinctly being in his office. When I saw him in the police station he was at times excited. He was excited altogether, but sometimes he showed it more. When he mentioned his wife and children he cried; I could see tho tears in his eyes. The Court, at this etage of the inquiry, jouined for half-an-hour. On resuming,

Joseph Ne*man, a shiirebroker who had acted for Haley, and his clerk, were thea examined as to the identity of the writing ; and Fleming (clerk to Mr. Russell), as to the receipt of the threatening letter Miss )'Keefe, a young lady of Onehunga, identified Ualey as having asked the wav to Mr R.i-eir s house on the night in question. Mr. a sou and his cousin (a young boy) nave evidence as to the shooting on the part of a mail strongly resembling Haley. Mr. Brohain (Inspector of Armivl Coii<4ubuiarv)] depose,i io the eupii.ie and to a couversutioa with the prisoner, showing the state of hie mini and his felonious mentions. Some of the police were also examined.

Second Day. THE THREATENING- LETTER, 'I he cli:irge of sending a threatening letter to Hγ. Thomas Russell, was then none into. As the evidence subitantialiy arose out of that in the previous case it is unnecessary to recapitulate it. Third Day. CtfARGE OF TWO HAYEIOKS. The charge of biu-niii,; two hayricks, the property of Mr. Thomas Russell, occupied the greater portion of the day. The evidence contained some few additional facts to those disclosed in the evidence on the first charge. Tho prisoner was formally committed accordingly upon a!l three charges. (1.) Shooting with intent. (2.) Sending a threatening letter. (3.) Burning Mr. Russell's liayrieks. CHARGE OF BURNING ARCHARD AND BROWN'S KERO3ENE STORE. The prisoner was next charged with setting fire to the above storo, on the 25th of January, 1871. The information was read over to the prisoner. Ar. this stage of the inquiry the Court adjourned. Foukth Day. On Feb. 17, the examination of the ease against Cyrus Haley, for setting lire to the kerosene store of Alcssrs. Archard and Brown, was proceeded with in the Police Court. Mr. HacCortuick informed the Bench that at the request of the prisoner he would not be represented by Counsel duriii" the roiTinin lv of the investigation. A pimd ileal cC ovideiuo was given, prin.i;>:dly with the view of identifying the prisoner's handwriting. He w.io committed for trial.

The followiog singular letter wm pr<xlue?c! during the trial. It had be.»i >-eut anonymously to the edil.or of the So-ithern Cress immediately after the destruction of the Music Hall and Archard's kerosene store, and hore the postmark "28th January, 1871 :"— (enveloi'e.) The Editor souxnEEjr cross Queen Stjseet Sib, y our surmise ibat the Recent fires have been done pur posely 18 rii'lit. Your sarcastic prediction of annihilation to yourself may be. ritjht you are again. The

suggestion is yours. The tirst tire was done in a novel, clever, and as wo kuow successful manner. You shall Lave details when tlie system is exhausted to explode it now would prevent its future use by us, & bailie our intended operation?. Number 2 was Qrcdin this way. T«c light commanding the point of attack was put out & a look-out stationed near it &in the opposite direction. Tne gascock was left open. The corner of one large sheet was bent back . the lower part of the side of the next sheet was turned over a bit. Then with the turn-screw, three holes were bored one above another through the woodden c.ises & the tool thrust through the tin. Out oozed the kerosene on some cotton rags were lighted & tlie tirst phiz went off in less than a minute. Iα about ten minutes after it was observed by McG'omish. About twenty ndmites elapsed before the alarm bells rang. There were some piece; of timber outside one of which we moved. Number 3 was fired by placing a tiro under the floor, the position was under tlie side of the main building near the refreshment place * almost at the end of the latter. "We had watchers outside & two of us commenced work soon after the hnllkeeper had retired. We took wood and kerosene with us & with the assistance of some empty cases we found laid the pile ready for firing. To make sure work we had all tlie wood to cut & lay nicely. This took a long time & prevented ns doing another place that night as AVe had intended. There will be no more fires at present from our party. When we commence again we shall tell you k shall number them as we go on. We vow to destroy £100,000 of property & to take 6 of the lives of the most obnoxor.s persons. We are a clan vowing vengence & determined to have by any or some means what we have not been able to get by fair means. We balot for the persons to do the acts and in cue of persons to be put away with—we keep a list of obuoxous persons & balot for you who are to bo put away. Five of you are doomed to go this year «fc will be dr.-.wn for next week. The truth of this document, will be proved by time only but that it is

true you will learn to your cost. The editors of papers it tlio persons holding places at tlie public cost arc continually by misrepresentations ami to serve vour vwu purposes. inducing persons to come here It then make Viuth tools K fools of them. Tradesmen and good honest artisans and labourers spend their all in coming out here & persons iu better positions make great sacrifices to come & when thev get here the former is offered Stouc-farcakinij & jeered at. The latter is written down or pushed aside became he is a new comer let his talents be ever so great that is sufficient to stamp him. Public money ct sinecure situations are given to favorites and old chums ad libitum, But a few of us desperados we will call ourselves are determined to alter this state of things. We will not have X' 25.000 liusbv's given at a sweep & subsidies to rich persons & friends n every public person looking out for himself & his friends only. We will make work in a manner of our own & make unmistakeably quiet every unduly seltish public person. Fortunately for the poor persons who li.ive been gulled out here you all have easily assailable points—wooddun houses &c, and circumstances favoring assiuation. IS7I will be a sad year for AUCKLAND. No fear of shaking

our fidelity- Nothing but a .eio 000 reward will be noticed.—\\'e demand that publicity he siven to the contents of this letter. Time alone will prove the correctness of these forebodings.—Not less than £100.000 of property &5 lives.