ARMED RESISTANCE TO THE POLICE.

New Zealand Mail, Issue 867, 12 October 1888, Page 23

ARMED RESISTANCE TO THE POLICE.

THE CHARGES AGAINST JAMES WHITE. James White, who was shot in the arm while being arrested by Constable Slight near Te Horo some time ago, was charged at the Resident Magistrate’s Court on

Monday, before Mr Robinson, R. M., with having on the 18th August stolen a horse, saddle and bridle, valued at Ll 5, the property of Roterfc Somerville. Inspector Thomson cdriducted the prosecution, and Mr Bunny was for the defence. Tire evidence for the prosecution was to the effect that on the date named the accrised (who had been in Mr Somerville’s employ) sent three boys, whom he met in the street, to Somerville’s to get a horse for Dr Macgregor. The boys went to tho stables, and as there was some doubt as to whether a saddle or harness horse Was required, one of them went bask and asked White, who said he wanted a saddle horse. The groom thereupon gave 'them a saddle horse, and the boys took it to the accused, who mounted the horse and rode away. The horse was valued at £lO and the gear at £5. White subsequently sold the horse to Mr H. C. Prouse, a settler in Whiteman’s Valley, for £5, telling him that he had just come down from Wanganui. Op the 4th September Constable Slight arrested-the accused at a place called Kakakapanui, in the Ranges near Otaki, on this and another charge (larceny as a bailee of a horse owned in Palmerston). - Whitesaid, “ Oh, well, now I’m collared I might as well plead guilty to the lot and have no morebother about it.” He also said he had been in the horrors for eight days, and didn’t know what he was doing. In crossexamination Constable Slight said that White made these statements while he was lying on the bed at night, and in great pain. Witness avoided the subject as much as possible, being rather sorry for what had occurred. The accused reserved his defence, and was formally committed for trial. Bail was allowed —the prisoner’s own recognizance of LIOO and two of LSO each.

White was then charged under the Offences against the Person Act, 1867, with resisting Constable Slight in the execution of his duty. The evidence in this charge disclosed nothing beyond the circumstances already made public. Constable Slight’s evidence was to the effect that he and Constable Carr, with a Maori guide, arrived at the hut where White was camping with a bush-felling party, at about 6 o’clock on the evening of the 4th September. On approaching the camp they saw a man sittiug in the doorway of the cookhouse, whom witness took to he White, seeing that the man had White’s coat on. Witness arrested this man, but in- bringing him out into the open found that he was not White. Being satisfied from answers given by the man to questions, that White was in the camp, witness went to the tent and threw' open . the fly. He saw White inside, kneeling on the bed, with a double-barrelled gun a f his shoulder. Witness went out of the tent and discharged a barrel of his revolver, thinking that White might, on finding that witness was armed, put his gun down. White said : “I see you’ve got your shootingiron, and I’ve got mine ; it will be the two of us for it.” Witness had previously called on the accused to surrender. White came out of the tent into the open, holding the gun at his shoulder. Witness called on him to put down his gun and surrender, and White replied that he would not; that “he would not be taken alive ; and that if Slight took him he would have to shoot him.” Witness said he had no intention of doing anything of the kind, and that White had better put down his gun instead of playing the fool. White replied that he would not; that “ the police had had him several times, and he wasn’t going to be taken again.” Some further parleying took place, witness reasoning with him while White gradually moved backward to a bush gully, in which, as it was getting dark, he could have escaped. At one time ho lowered his gun, and striking himself on tho left breast said, “Shoot me there; I won’t be taken alive.” While the gun was lowered witness got a little nearer, and White said, “No you don’t, I know y our b games, and if you come another step I’ll shoot you,” at the same time bringing the gun up to his shoulder. Presently White got near the bush, and looked around as if for some place to which to retreat. Witness was on a higher level than White, and saw that his gun was capped and at full-cock. The gun being away from White’s body witness fired at the triggers of the gun three times, and after the third White said, “You’ve hit me on the wrist,” and the gun fell to the ground. ’ Witness then sprang down from the bank, and as he did so, White tried to pick the gun up again, but dropped it. Witness then arrested the accused, with the assistance of Constable Carr, who had been trying to get behind White. Afterward Whitesaid, “I didn’t intend to shoot you, but if I did I would have made a sure shot, because I knew I had only ,0116 to your six.’-’ (Here the accused interrupted the constable and said, “Why don’t you tell the truth, instead of swearing a man’s life away. ”) Cross-examined : Had reason, to anticipate • resistance from White. Would swear he never went under cover of a tree.

The evidence of Constable Carr, George Champion, Mohi Wharewhiti and Matui Hemara (for whom Constable Carr acted as interpreter) having been taken in corroboration of that given by Constable Slight, the accused was committed for trial. Bail was allowed as in the previous charge. Mr -Bunny asked his Worship to make a recommendation' that further medical advice should be obtained. The gaol surgeon had stated that White would not

again have’ fifMf use of his hand, and the man was anxious to' get further advice. His Worship said he' would be quite willing to make the recommendation.