LAW AND POLICE.

New Zealand Herald, Volume XXVII, Issue 8359, 12 September 1890, Page 3

LAW AND POLICE.

SUPREME COURT.—Cbiminal Sittihgb. Thursday. THE NORTHERN WAIROA MURDER CASE. [Before His Honor Mr. Justice Conolly.]

Henry Fcncke was again placed in the dock on the charge of having wilfully murdered Neil McLleod, at Northern Wairoa, on the 30th of July. Prisoner did not answer to the indictment, and a plea of not guilty was recorded.

Mr. Hudson Williamson prosecuted, and Mr. Tole appeared for the accused. The following gentlemen were empanelled a jury to try the case: —Edward James White (foreman), Edward S. Stilwell, Wm. Rodson, Alex. Bruce, James Pilkington, Harry Ellison, Benjamin Watt, Cornelius O'Leary, William Ernest Hull, Stephen Walter Sharp, Thomas Craig. Witnesses were ordered oub of Courb before the case was opened. THE OPENING ADDRESS. The Crown Prosecutor, in opening the case, said the accused was charged with the wilful murder of Neil McLeod, and it would be his duty at this stage to open to the jury the circumstances out of which the charge arose. The. facts were these : — On the afternoon of the 29th of July the accused went on board the steamer Minnie Casey, at Dargaville, and engaged a saloon passage. He returned on board between naif-past ten and eleven o'clock at night, after which the steamer left, and went down the river, about a mile, to Mangawhare Wharf. Constable McLeod was on board, and Constable Scott came on board at Mangawhare. It appeared that prisoner's conduct on board had been annoying, and the captain determined to put him on shore. He went ashore quietly, and demanded his gun, but the captain detained the gun, and the steamer \,xs backing off from the wharf when the prisoner hred several shots, one of which penetrated McLeod's heart, and caused his death. Prisoner had previously demanded his gun, and made that an excuse for firing. So far as the facts were concerned, the jury would have no difficulty in determining that the accused fired the shot which killed McLeod, and the only other question for them to determine was whether the prisoner was in pos session of his faculties, and conscious of what ho was doing. He would not refer to that question (as that was a point on which Hie Honor would direct them) further than to draw their attention to all the circumstances of the case as it proceeded. THE EVIDENCE. Constable Nixon Scott was the first witness called, as he had to remain in Court to produce the exhibits. He deposed that he was in charge of Aratapu police station. On the night of Tuesday, '29th July, he went on board the Minnie Casey at Mangawhtire at twelve o'clock midnight. Constablo Neil McLeoi >as onboard, and accused was also. on board. Witness was not in uniform, but accused asked him if he thought he (witness) • was a man of any importance. Witness told him he was, and passed on. Just before this witness jokingly hud ordered McLeod out of the ladies' cabin, saying it was not safe to leave him with so many ladies. Constable McLeod 8 wife and children were there, and witness' wife and child were also there. Witness had not spoken to prisoner at all, but he might have overheard what was said to McLeod, as he was close by. In about two minutes after this witness saw accused in the gentlemen's cabin. He had his arm stretched out, and said he would shoot the man who took his money, or who had taken his gun—witness could not remember exactly which—but ho put him out of the cabin, telling him those gentlemen wanted to go to sleep. Witness thought that what prisoner said was an idle threat. He had no weapon in his hand. When witness ran accused to the companion leading to the <ieck, prisoner asked him why he put him out of the cabin, but before witness could answer, Captain Rawson caught prisoner by the shoulder, and told him he would have to go ashore. Prisoner said he would go ashore if his money was returned to him, and the captain said all right, he would return him Iris money, telling him to come along. McLeod assisted the captain to put the prisoner on the upper deck. Witness followed them in a minute or so, and saw bho prisoner and Mr. Stanfield than on the Mangawhare wharf. It was moonlight, and witness; was within about seven yards of prisoner, there being another vessel between the wharf and the Minnie Casey. The vessel was then about to leave, and prisoner called out for his gun to be given up to him. The captain replied he would give it to him when ho came back. The prisoner then called out, " Give me my gun, you highway robbers." The steamer was then bucked astern down the stream, and witness hoard a shot fired, but did not see where it came from, but he asked deceased who fired, and he replied it came from the fore part of the vessel. McLeod and witness were standing side by side, looking at the prisoner, and on the flash c the second shot he saw the prisoner's arm extended, and the flash cama from his hand. Immediately after there was another flash and report, also from the prisoner's hand, and deceased cried out, "Oh my," put his hand to his breast, and dropped. Captain Rawson assisted witness to carry deceased below to the cabin. Two other shots were tired after McLeod was hit. McLeod was dead when they got him into the cabin. The steamer proceeded to Dargaville to get. she doctor. Witness found a Tiole through McLeod's clothes, and into his breast, over the heart. After reaching Dargaville witness and Constable Carr proceeded over land to Mangawhare, to arrest the prisoner. When they approached the wharf he heard some shots fired, and loud talking, and a man namH Morris came running to them, and asked if they were the police, and on being informed that they were, he told them he had shot the man, and handed over to witness a gun and a knife. Witness went on to the wharf, and found prisoner lying on a trolly wounded. Witness asked him for his name, and he said Funcke, spelling it Fuink. Witness then told him he appr Sended him on a charge of wilfully murdering Neil McLeod. Prisonersaid.'Tmdying." Witness searched him, and gr on him six empty cartridge cases in hia coat pocket, also two loaded cases, a box of gun caps, a belt and sheath, and the knife produced were bonded to witness by Moros, and the bulldo fa revolver was handed to him by Stodart. The cartridge cases fitted the revolver, which had five chambers. There were two empty cartridge cases and two full ones in the revolver, and one chamber was empty. Witness then handed prisoner over to Constable Carr, and went back to remove the body. He had not examined the prisoner for wounds. Over an hour elapsed between the time McLeod was shot and the arresc of the prisoner. When witness saw prisoner on board the steamer, he appeared to be sober, at least witness saw nothing to the contrary. Cross-examined by Mr. Tole: He had seen the prisoner about eight years before this, but not in the interval. He was on that occasion also on board the Minnie Casey, going from Helensville to Dargaville. Ho said he had been up North, amongst the Maoris, doing clockwork and mending watches. He then had a doublebarrelled gun, without a stock to it. The witness was questioned as to the circumstances of the murdor and arrest, but nothing fresh was elicited.

Henry Munro, assistant at the Northern Wairoa Hotel, at Dargaville, deposed to seeing the accused in the hotel on the 29th of July, between twelve and one o'clock, and again in the afternoon, and after tea at nine o'clock in the billiard-room, having a fame of billiards with the marker. His ehaviour was like that of any ordinary man, and he said he was going to Auckland. He had a whisky about ten o'clock with witness, prisoner paying for them. Hβ remained for sometime after, and they had another drink before he went to the boat. Prisoner drank claret, saying that he wanted to keep sober. Witness accompanied him down to the wharf at twenty minutes to eleven o'clock, and prisoner went on board. He was perfectly sober when he went on board. Witness saw nothing eccentric in his conduct, except that he said to the witness that; the captain had better look out if he did not take him down safe. The witness was cross-examined as to what chinks accused had. Hβ had one whisky, and one claret, and was quite rational, saying that he was goinp to town, and had a lot of old watches to sell. He had never previously known the prisoner. Fredk. Wm. Matthews, manager for Brown and (JauapbeU at) Mangawhare,

depoeed that he went on board the Minnie Casey at a quarter past 12 o'clock, shortly after midnight on the night of the 29th, and saw the prisoner in the saloon. He was making a noise, and threatening to shoot some one if he did not get back hie gun, and pointed something towards the passengers, but the light was too dim to enable witness to see whether it wan a revolver or not. Witness was alarmed ab the threat, and thought it was serious, and called Constable McLeod's attention to the accused. Constable Scott then came into the cabin and ordered the prisoner out. The witness then corroborated the constable's evidence as to the landing of the prisoner at Mantrawhare, the firing, and the death of McLeod. Thomas Rawson, master of the steamer Minnie Casey, gave evidence a& to prisoner having taken a saloon passage in the afternoon of the 29th. He asked witness to take care of his gun (a double-barrelled fowlingpiece), and witness said he would if it was not loaded. He examined it, saw that it was not loaded, and then took charge of it, prisoner going ashore. Prisoner then seemed quite sober, and witness observed nothing strange in his conduct. The witness then corroborated the evidence of the other witnesses as to what occurred on board the steamer, and after the accused had been put ashore at Mangawhare. He saw no more of the prisoner ifter McLeod fell, but he heard some more shots fired, and he subsequently picked a bullet out of the stern of the vessel, just back of the ladies' cabin, and one out of the quarter of the longboat. The witness wae cross-examined. He did not return prisoner's fare when he put him ashore, as Constable McLeod told him he had better keep it till next week, as the man might want to go down then. Wra. Adams, master of. the Tam o'Shanter, which on the night of the 29th of July lay at Mangawhare wharf when the Minnie Casey came in, gave evidence as to hearing five shots fired after the Minnie Casey had cast off. Witness called out to prisoner, and asked " What is up ! What is the matter ? the Minnie Casey is going back to Dargavilie." Prisoner said someone had stolen his gun, and that he would murder somebody, or someone would murder him. Witness could not tell which was said, but murder was mentioned, and a heavy shower of rain coming on just then, witness went below and turned in. About 10 minutes after this he heard five or six shoto fired in rapid succession, but did not trc on deck then. He heard the revolver discharged twice after that, and he heard the whiz of the bullets which were fired over the boat.

In cross-examination, the witness said be might not have seen the revolver because the prisoner's hands were down. About 15 or 20 shots may have been fired after witness went down below, and by the time the second set of shots were fired the Minnie Casey must have been at Dargaville. When witness heard the firing he concluded the prisoner had been drinking, and was suffering from it. The witness Muirs was recalled by His Honor and said the reason he went to the steamer with prisoner was because lie asked him to see him off, but he was not in a state that he required anyone to takecire of him. The hotel was only a few yards from the wharf.

Squire Whitaker Stansfield, conti actor, Mangawhare, who was on Mangawhare Wharf from twelve till one o'clock on the night of the murder, deposed to seeing the prisoner landed from the Minnie Casey. He did not appear to be under the influence of liquor, and showed no sign of it. He asked for his things. One or two bags were handed up to the wharf. He called out for something else, but witness did not hear what it was. Witness cast off the steamer's line at the north end of the wharf, and had just turned to walk away when he heard the revolver going. Witness stood within six yards of the prisoner till he had tired five shots at the steamer, and with each shot he said, " Take that Tom, you b ." Witness did not see what occurred on the steamer, but saw that she started back to Dargaville, and he then retired about fourteen yards, and got behind the building. He saw the prisoner load the revolver, and commence firing away again straight across the river. Witness was then called away by his own family, and left the prisoner on the wharf. In cross-examination witness said the boat was out of range after the first five shots were fired.

David Fowlds, chief steward of the Minnie Casey, deposed that when he asked accused to leave the cabin, because he was smoking, he got up, and as he was leaving he used theexpression thatif anybody robbed him he would shoot them. He then had his gun and swag. This was when he first came on board to secure his passage, and he did not see him again until he came on board at night. Hβ said to witness, " If you don't give me back my gun I'll shoot some one." He had not previously asked for the gun. Witness told him if he did not talk less about shooting he would have to go out of the cabin. Prisoner made no reply, but remained in the cabin. He continued talking about shooting people on the passage between Dargaville and Mangawhare, and witness had to order him out of the cabin. The witness then corroborated the evidence of the other witnesses as to what took place after they arrived at Mangawhare, and was cross-examined at some length.

Nicholas Moros (a naturalised Greek), fruiterer, Dargaville, deposed that on the return of the Minnie Casey to Dargaville on the morning he went on board, and, in consequence of what he heard, he went to Mangawhare accompanied by Mr. Stodart and some others. Witness took his doublebarrelled shot-gun with him. On the Mangawhare Wharf be saw a man standing in a gangway which was on the wharf. Witness called out, " Who are you ? If you are a good man or a bad man speak before I fire on you." He was then within about 60 feet of the prisoner. Prisoner jumped out of the gangwuy, and began searching in his breast and pockets, and witness tired in the air. He heard accused sing out something about a revolver. Witness then became sure, and sung out to the others. " That's him, fire," and both guns were fired at the prisoner at the same time, and he fell down. Witness reloaded his gun, and then ran and caught the prisoner, and took a sheath knife (produced) from him. One of the others took the revolver from him.

The witness was cross-examined as to why he carried firearms on that morning, and he said he went to help the police, and he wanted the gun to protect himself. His Honor advised Moros if ever again he went after a prisoner not to take firearms or shoot. Had he killed bhe man, he would probably have had to stand bis trial for murder.

Alberb Octavius John Stodart, chainman, who accompanied the last witness, gave corroborative evidence. This witness had also fired at the accused at the same time as Moros did, and his weapon was a rifle loaded with ball.

His Honor said it was very lucky for him he did not hit him, for had he killed him, he would have been tried for murder, and probably hung, if it was proved that prisoner had no weapon in his hand and was not attempting tneir lives. The witness said he did nob fire to kill the prisoner.

His Honor said it was lucky for both of them that the man was not killed.

Witness continued that a revolver similar to that produced was taken from the prisoner and he handed ib to Constable Scott.

The witness was being cross-examined by Mr. Tole, bub His Honor said he could not understand why these two witnesses had been called or bound over, for they said nothing either for or against the prisoner. Constable Carr, stationed at Dargaville, corroborated the evidence of Constable Scott as to the arrest of the accused on the present charge. Prisoner was wounded with a charge of gun shot, and was examined by Dr. Norton. After being cautioned the prisoner said he had paid hie passage and they took his traps from him, that his life was dependent on his traps, and therefore he shot him, and added, " It was a pity they did not drop me, as now they will have the pleasure of hanging me. I shot the man because I thought he was the captain. It was only highway robbery to take my gun from me." The witness also deposed to several subsequent statements made by the accused after being taken into custody. One of these was that after he had. fired all those shots at. Maungawhare Wharf his revolver got foul and would nob go round, otherwise ho would have won the day when those fellows came up. The witness was cross-examined at some length and admitted that he had stated at* the oof oner's inquest that) accused had been

pointed oat to him at Kawakawa where he was stationed at the time as s. dangerous lunatic, and he kept hie eye on him till he left the district. Witness was constantly with the prisoner for eight dayu and nights and on erery subject, except one, he spoke rationally. That subject was that he was persecuted by Queen Victoria, but he made none of these statements until after he had seen his lawyer. Dr. Norton, of Dargavilie, reposed to having made a post mortem examination of the body of the deceased, Neil McLeod, on July 30th. He found a bullet wound on the left side over the region of the heart, and on examining the heart he found the bullet had gone through it, and protruded through the right side, and he cut it out. The wound would be likely to cause instantaneous death. There was no other wound on the body, and nothing else to cause death but that wound. By Mr. Tole : I think at the time the acb was committed the accused waa insane, but afterwards he was rational enough. By Mr. Williamson : He did not know the accused, and only knew of the occurrence from what he had been told, but he judged it to be an insane act. He knew that if a person in his emaciated, state of health, who had been living on poor food, took a glass or two of spirits, it would greatly excite him, probably to such an extent that he would not know what he was doing. This closed the case for the Crown. The Court then adjourned until ton o'clock next morning.

R.M. COURT.— Thursday. [Before Dr. Giles, E.M.J Judgment for Plaintiffs.—ln the following undefended cases judgment wa*> given for the plaintiffs :—George Kent v. Joseph Chadwick, £4 10s, costs 18s 6d ; Hancock and Co. v. Allan Shannon, £16 7s, costs 218 ; John Lawson v. Henry Baskeville, £1 Is 10d, costs 9s ; Atlas Tobacco Co. v. Allan Shannon, £5 3s 6d, costs £2 11s ; Duder Brothers v. Annie Costello, 19s, costs 6s ; W. R. Cook v. Henry Hasell, £11 19s 10d, costs 25s ; E. T. Dufaur v. Jeremiah Sullivan,- £4 Is 6d, costs 6s William White v. Charles Davies, £1 Is costs 6s ; J. G. Buchanan v. Fidel Maier, £19 Is 6d, costs £2. Charles Hesketh v. W. Clark.—Claim, £19 8s 9d. Mr. Haultain appeared for the plaintiff, and Mr. Buddie for the defendant. Judgment was given for the plaintiff for £10, costs £1 6s. Leonora McCullouoh v. F. McKay. Claim, £2 17s 9d, for rent. Mr. F. Brookfield appeared for the plaintiff, and Mr. Cotter for the defendant. Dr. Giles said he would give judgment for the defendant, with coats, for the ?um claimed in excess of the amount paid into Court, as he considered ample notice had been given that q new tenant was coming into the house. Costs, £1 6s.

POLICE COURT.-Thursday. [Before Messrs. H. Jervis and J. P. Kinjr, J.P.'s.] Drunkenness.— One first offender was fined 5s and costs, or twenty-four hours , hard labour. Rose Campion, an old offender, was fined 10s and costs, with the option of forty-eight hours' imprisonment. Assault.—John Franklin, a resident of Newmarket, was charged with having unlawfully assaulted his wife, Susanna, by taking her by the throat and attempting to throttle her, on the Bth September. Prisoner pleaded not guilty. Susanna Franklin deposed that on the day in question accused rushed upon her, without any provocation, and seized her by the throat, saying he would do for her. She could not say whether he %vas drunk or not. He often acted in a similar way. Another witness deposed that the accused went into the room in a most violent manner, but she saw nothing further. Prisoner denied the whole affair, and said it was all a put up job to get him into trouble. The Bench ordered the accused to be bound over to keep the peace for three months, himself ia £10, and one surety of £10.

PAPAKURA R.M. COURT. Tuesday, September 9. [Before T. Jackson, Esq., R.M.] T. L.' Stevens v. P. Thorp.—Claim, two years'rates, £5 6s lid. Judgment for plaintiff, with costs. T. Stem bridge v. W. Arrow Smith.— Claim, rates, 15s 9d. Judgment for amount, with costs. Thomas Kelly v. Edward Mills.—Claim, for work and labour, £1 ss. Remanded until next Court day. John Creiohton v. William Veitch.-— This was a claim for £50, damage done by fire lighted by defendant on his own land at Clevedon Ranges, and adjoining plaiutifTs land, in the beginning of January last. Mr. Alexander appeared for plaintiff, and Mr. Baume for defendant. John Creighton deposed that the fire lighted by Veitch ran into his orchard, and destroyed a number of valuable fruit trees, also posts and rails. George Brighton also gave evidence. George Pike and William Veitch gave evidence for the defence, and after a lengthy argument by the solicitors, the R.M. decided to view the scene of fire before delivering judgment. —[Own Correspondent.]