SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume X, Issue 3722, 15 October 1873, Page 3

SUPREME COURT.—Criminal Sittings.

TUEBDAY, OCTOBER 14. [Bcforo His Honor Sir Ch A. Arney, Knight, Chief Justice.] His Honoe took bis scat on tho bench at 9 o'clock.

SjAKSiiAUGHTEIi.—Peter Boylan, lately landlord of tlie Royal Hotel, was arraigned upon an indictment charging him with having foloniously caused the death of his wife. Mr. .Toy and Mr. Beveridgo defended tho prisoner. Mr. Brookfield conducted tho prosecution.—Mr. 3rookfield, in opening tho case to the jury said this was another case that originated iu the excessive use of intoxicating liquor. The prisoner appoared from|the first of tho transactions to bo Buffering from the effeots of drink, but tho ovidence would shew that ho well know what ho was about. It was ono of those cases in which the prosecution was forced to anticipate the dofenco, which would bo in effect that tho death was not caused by tho prisoner's violenco but was the result of tho woman's own negligenco. Tho woman now deceased wan pregnant, and the case for the prosecution was that through tho prisoner's violenco a mis-ear-riago was brought on, in consequence of which she died. Tho answer to this wub that tho woman waß advised to lio quietly on tho bed, that blio did not do so, that she took cold, and in conscquenoo of taking ciold died. But it was not necessary to constituto tho offence that tho conduct of the prisonor should havo been the solo or tho immediate cause of doath. It would bo sufficient if death was accelerated by Buch conduct. Even where a person was ordered to hospital and did not, go, tho person who did tho violenco wus held responsible. (Rubscll on Criints, 702. The King v.Martin, 5, Corrington and Pnyno). Baron Parko laid it down that where a person was in a bad stato of health, and death was accelerated by tho violenco or negligeueo of another, that other was responsible. It hud oven been hold that whoro a wound was inflicted and gangrene supervened, death ensuing, tho person inflicting the wound was amenable to answer for murder or manslaughter, according to tho intent of tho act. It was necessary to explain thus much to tho jury to guido them in estimating tho nature, weight and effect of tho ovidence which would bo adduced to Buetain the charge. —Elizabeth Ellis depoeod that in tho month of July last, sho was living in Edon Orescont, opposite tho Royal Hotel. Knew tho prisonor and his wife. Saw thom iu tho stroot on tho 15th of July. Mrs. Boylan came .out first dressed as for a walk. Tho prisoner called her to go back, and sho would not go. Ho then dragged her back. Ho put hia arm round hor waist, and Bcizcd her by tho arm. Sho struggled to gut nway from him. Ho got her inßido tho door and eho afterwards came out again, Ho had hold of her. Thoy wore still struggling. A gontlc-

man came up and tried to releaso llio woman from the prisoner. He did not succeed in doing' 50. Prisoner got his wife inßide the house, and witness heard screams from the house. This was about noon.—Jeremiah Oasey deposed that on the 15th of July he saw a man ajid a womari'in the middle of tko Btreet. Diet not know them. The man was hauling the woman about. The -violence did not appear to bo very great. The prisoner appeared to bn a little drunk.—-Mr. Beveridgo objected to this evidence, unless the witness could identify the prisoner.—Witness: The prisonor is like the man. She broko adrift from him. When witness came up to the hotel, the woman had hold of one oftho posts in tho hotel. The man got tko woman into the houße, and witness hoard screams. The voice came from a person who mußt have been lower than the window blind, from which he concluded tho woman was on tho floor. Witness communicated with tho polico.— Orossoxamined by Mr. Beveridgo: Tko witness said ho was on the footpath, at the opposite aido of tho road. He did not leave it. Ho Btopped only about a minute. Tko "impression" on his mind was that the whole straggle took place behind the movablo screen, between tho door and tho bar. Thought they did not touch tho screen, as bo would have observed it shako. —Tho witness to the Oourt: Am I obliged, your Honor, to make an answer that would degrado myself, .for I am not at all satisfied with my own conduct ?—His Honor : Be assured, Captain Caßey, no one here will attribute to you any inhumanity.—Witness: Well, the cries that X heard come from under ' the screen were, " Murder! " I will not swear that I heard tho ory moro than once. I did not say this at the inquest. I am not at all satisfied with myself about it.—His Honor: Did you go in to seo whether tho screen was movable. —Witness : I did not.—Susan Conley deposed that she knew tho prisoner and his wife. She remomberod being sent for by Mrs. Boylan. Remembered the 15th of July. She went to tko house, and heard a souffle going on. Mrs. Boylan called upon her to " come quickly," and she went upstairs. Prisoner's wife was on tho floor at the top of the stairs. Witness had to step across her. Her head was towards the top of tho landing. She was complaining that ko was turning, or. twisting her arm. He was holding her down, j He had hold of both her arms. Sho wanted to get out of the house. She said she was frightened to remain in it. Tho prisoner allowed her to get' up. Tko prisoner said he had not had any tea, and complained o£ tko house not being comfortable. Tho day afterwards Mrs. Boylan camo to her house with the children. Tho prisoner came shortly afterwards. Ho took one of tho children in his arms, and kisßed it. Ho afterwards took his wife by tho hair of tho head and trailed her along. Sho afterwards saw Mrs. Boylan, and there was a place, tho size of half-a-crown, from which tho hair had been pulled off. She said it was dono by tho prisoner. Sko camo to tho witness's house, and asked to be allowed to rcmoin there. Witness made a bed for her. The witnoss described a great number of minute circumstances, to show that tho prisoner was the worse for liquor, and that his wife was frightened to remain in the house with him. On tho day before the woman's death she was called in. Sko saw Mrs. Boylan in bed. The bod was covered with blood. Witnoss' could see what was tho mattor. On the following day called, and found the deceased kneeling by tho side of tho bed. Witness found a cold perspiration upon her faco. Felt her bosom, but there was no motion. Witnesß understood that she was dead. Sent for Dr. Nickolson, who also said Bho was dead.— John Mitchell, a barman, gavo evidence a3 to tho state of the prisoner, and kis frequent quarrels with his wife. Ho was frequently drunk. Witness had heard, a groat noiso ono night, like a " crashing." Next morning discovered that a panel in tke bed-room of Mr. and Mrs. Boylan was broken. Mrs. Boylan had left tke kouse and stayed away during tko nigkt on several occasions. Ske said she was frightened of hor husband. Shortly aftor tho panel was brokon observed that Mrs. Boylan had two black eyes. Onco brought her to Movie's boarding-house, where Bke remained. Sho said sho was afraid to remain iu kcr kouso. Never observed Mrs. Boylan the worso for liquor. Had onco said to Mrs. Marsh ho thought she was affected by driDk, but only because she seemed so disturbed and restless about her husband. Had no other reason for supposing so. Witness never saw her drink. Onco sho askod witness for some porter to her dinner, but when ho poured it out for her she would not drink it.—Dr. Kenderdine deposed that on tlie 4th of July ho was called to seo Mrs. Boylan. Sho complained of homorrkage. Witness understood tkat Bho was threatened with miscarriage. Told tko prisoner tkat it was neceasary that Bko should bo kept quiet; that Bho ought to be in bed. Witness called to seo her afterwards, but sho did not wish to see witness. Sho did not givo witness tko idea of being addicted to intemperato kabits. —Dr. M. E. B. Nickolson said 110 was called to see tho woman (deceased) on the 16th. The prisoner camo for him and said his wife had j had a miscarriage, but sho did not want to boo a doctor. Tko witness went at onco and found hor in a dangerous slalo. ■ Sko was I lying in a room off tko bar. Witnoss went out to get a neighbour to aßßist in getting hor into bed. Witness and prisoner had to carry her into bed.. Sho preferred a cup of tea to taking brandy and water, and tho prisoner made it for her. Sho rallied considerably towards [tho evening. Next morning sho seemed very muck better. Was called in between fivo and six o'clock in tko ovening. Found kor on tke floor dead. Death was tho immediate result of Byncopo or prolonged fainting. When witness saw kor first, sho baid in reply to a question yvhotker alio had received any hurt—" Perhaps I have.' 1 Witness niado a posl mortem examination 21 hours after death. Tho body was very healthy. Sho could never have boon a person of iutomperato kabits, as tho liver and stomach woro perfectly healthy. Thoro was not tho slightest indieation of any disoaso from bucli a habit. There were several bruises on tbo body. Tko largest was botwoen two and threo inches square, on tko right leg bolow tho kneo. There wero two or threo other bruises of tho same kind. Tkero was a lacerated wound on tko Ikroat an inch and a-kalf long. Whon witness and tho prisoner tried to carry her to bed, sho said "I can walk." Prisoner ofTerod his arm, but sho repulsed him. Slio was unwilling to make any statement. Sho did stagger along, but would have fullon had not prisoner caught hold o'f hor dross.—ln crossexamination, tho witness said that tho womnn appeared reckless as to her condition. He thought the bettor word to dosciibo her condition would bo " brokon hearted." Tho manner in which"sho roplied to tko question whotkor sko wero hurt implied a groot deal. Told tho prisoner tho essential poiut was absoluto rest. Prisoner soomed very much frightened. Ho made tea for her. Ho made tho bed up for himself to remain with hor during the night. Did not know anything to tho contrary that his advico had boon followed. Tho wound on tho nock was a moro trifle, and might havo been caused by a brooch, tho head being turned suddenly round. Tko witness, in answer to aovoral questions, said tko pulling about doposod to by tko witness Ooulej, would be likoly to bring on a miscarriogo,—no treatment more likely. Thoro was no smell of drink about tho deceased. Besides tho bruises already montioned thero was a black oyo.—Detoctivo JelTroy deposed to Captain Casey making a complaint at tho station of a man abusing his wifo in Edon Croscont. Witness went to tho prisonor, who Baid his wifo had struck him with tho pincers. Witness went to look for Mrs. Boylan. Ho found hor in an ompty house in Jermyn-streot. Ho could 000 kor through tho window sitting in tho coruor of ono of Iko rooms. Sho said slio was afraid to go homo. Witnoss inducod tho woman to accompany him to tho Btation, and sho laid an information against tho prisonor. A warrant was issued. (Warrant road.) Tho woman complainod of an instance of cruelty in tho prisonor putting thn lighted end of a cigar on hor hand and burning her in that way.' —llu'b closed tho cbbo for tho prosecution.—Mr. Joy, in opening the caso, paid it had been made to tal:o a very strong colour, but ko koped to bo able to roduco tho com-

pleiion of the offenee with which tho prisoner stood charged. The offence was capable of all degrees down to the merest accident. He did not wish to speak one word that would be a reproach upon the memory of the unhappy person who was in her grave. But justice to the prisoner required that the whole aspect of tho case should be submitted to the jury. Both the prisoner and his wife had been in the colony only a few weeks. Ho foared it would appear that tho lady either from excitement or disappointment, or- some other cause, had upon this particular occasion allowed herself to yield to the temptation of drinking. It was in the eourso of a squabble, the prisoner endeavouring to get hor into her own house, that all this mischief had arison.—Mrs. Bodelia Marsh was called. Mrs. Boylan livod in her bouse a few days. She did not appear to bo a person addicted to drinking. Never saw any sign of it. Only knew her to drink two glasses of port negus. That was on two separate "occasions. Heard onco she was " excited but for that witness would have thought that she was melancholy. —Mr. Moyle, a boarding-house-keeper, said tho prisoner and his wife came to the colony by tho Hero, in Juno last. They lived at his house a week, apparently happily. Thero was a ohange after thoy went away. Mr. Boylan came to his house several times after liis wife. Onco she came to his house at half-past three o'clock in the morning. She appeared to havo been drinking.—ln cross-examination tho witness said he was not close enough to smell tho liquor, and thoro was but a poor light.—Constable Cadoll said, when the prisoner was " locked up," his .wife came. She appeared to bo excited.'Witness thought at tho time tho excitement was caused by drink. Had no doubt of it at that time. Prisoner was charged with being drunk.— Robert S. Roach deposed that ho had seen Mrs. Boylan go into the Groyhound Hotel, in company with a young man. At that time she was under the influence of liquor.—Emit Simmithaz said that the lato Mrs. Boylan had slept at Mrs. Marsh's hotel, where he was omployed as barman. He had seen her the worso for liquor.—Tho Court adjourned at half-past six o'clock, till nine o'clock next morning.