ONEHUNGA SHOOTING CASE.

New Zealand Herald, Volume XXXVII, Issue 11433, 25 July 1900, Page 7

ONEHUNGA SHOOTING CASE.

'ACTION FOR £1000 DAMAGES, -i At tho Supreme Court yesterday, before His Honor Mr. Justico Oonolly and a common jury of 12, James Brennan, platelayer, in tho employ of the Government, brought' an action against James Donaghey,.to recover the sum of £1000 damages for assault, At tho last criminal sittings Donaghey stood his trial upon o, charge of shooting Brennan, at Onehunga, on March 11 last, but was acquitted on tho ground of insanity, and is now an inmate of the Avondale Lunatic Asylum. Mr. W. J. Napier appeared for the plaintiff, and Mr. C. J. Tunics (Messrs. Jackson and Russell) for the defendant. James Brennan, the plaintiff, deposed as to being shot at by the defendant. Ho still felt the effects of the injury, and was not in tho same state of health" as ho was before. He had been at work, weeding, since the date of the assault, but that was against the doctor's orders. He was unable to follow his proper occupation—platelaying, Witness had not received any wages for the weeding. When platelaying he received 7s per day, Dr. W. R. C. Erson, who attended the plaintiff, said that in his opinion the man would never be as strong as ho was before the assault, owing to the complications that had arisen after the shooting. He knew tho defendant, and had always looked upon him as a sano man, but of morose character and eccentric. In witness' opinion he would know that in shooting at a man ho was doing wrong. A great number of shots had been removed from Brennan, but there were still two in the region of the eye, which witness did not deem it advisable to remove by operation, as they were so near the sight. Constable John McNamara, Dr. Inglis, John Oates, and Sergeant Greene, wore also examined.

Mr. Tunks, in opening his case, said the defence would be that defendant was a, lunatic at the time of the shooting. James Nixon, settler, of Or.<9nmga, stated that he had frequently seen the defendant when ho had what they locally called a " praying fit" on, stand before a table with a watch and two lighted candles in front of him, and pray from six in the evening till six next morning. He told witness that ho prayed to his Creator to let the people know that he had not burned John Cavr. John Carr was Donaghey's father-in-law, and had been burned when his house was destroyed by fire 28 years ago. In the opinion of witness lie was quite mad. Dr. W. H. Parkes, who examined Donaghey when ho was in gaol, said ho found him suffering from delusions—a form of insanity that would be likely to lead to violence. Dr. P. A. Lindsay, who also made an examination, gave similar evidence. Dr. 11. M. Bcattie, medical superintendent at Avondale Asylum; J. D. Jackson, agent, Onehunga; Francis Egerton Severn, governor of the Mount Eden Gaol, also gavo evidence for the defence. After counsel had addressed the jury, the further hearing of tho case was adjourned till this morning.