THE MORRISON CASE.

Oamaru Mail, Volume I, Issue 128, 18 September 1876, Page 2

THE MORRISON CASE.

Sub-Inspector M'Cluskey asked that the charge of larceny against Morrison should be taken before the charge of pouring kerosene over Campbell. Mr. O'Meagher, who appeared for the prisoner, stated that as the charge of pouring kerosene over the woman had been hanging over for two months, he thought that case should be taken first. If the other charge were heard first it might affect Ms client. Sub - Inspector M'Cluskey contended that the larceny case should certainly be heard first. Mr. O'Meagher thought that, the prosecution must have some sinister motive in view. The prisoner had been remanded time after tune, from day to day, week to week, on the more serious charge, a~d certainly submitted to his Worship, that the older charge should be heard first. The Bench did not consider that it mattered much which case was heard first. Mr. O'Meagher was exactly of the same opinion, but no doubt Mr. M'Cluskey had some hidden object in view. Here was a man arrested on a most grave and serious charge, and it was thrown aside to hear a minor charge, and a trumpery case compared with the more serious one. He certainly would submit respectfully to his Worship, that the first" alleged, offence should be heard first. The Bench thought it quite a matter of indifference which case was heard first. Sub-Inspector M'Cluskey : I submit I have a perfect right to ask that this case should be heard first.; _ The Bench: You have a perfect right, and it is for the Court to decide which. shall be heard first. My. n'ivrA«ayW; T jf firf?Y agfr for the

ordinary course to be pursued, your Worship. The Bench did not know that there "was anything which could affect the prison® as to which" case was taken first. Mr. O'Meagher: Exactly, your Wotship, lam in the same position. If I knet what object the prosecution had in bring, ing the larceny case forward first, I migli not object. Sub-Inspector : I submit that Xam no bound to state the object I have in view. The Bench did not see that it woul affect the prisoner which case was brough first. It did 'not think there was an sinister motive. Mr. O'Meagher : Well, if there is not why conceal the object the prosecution has in wishing to 1 hear the larceny case first. The Bench : As the second chargfe j, not an indictable offence, I cannot see how hearing the second case first 'will affect the prisoner on the graver^harge. Mr. O'Meagher : I ask that "tliefusual course be adopted. There has been nothing shown that it will inconvenience any witnesses, or that any good objed could be gained by breaking through tli usual rule. If the prosecution cojjH alibi that it would cause any inconvenience t witnesses, or that the prosecution coil! show any right or reasonable grounds wl the more serious charge should be heat first, then he would not oppose the appt cation.

The Bench said, as a matter of opinion it did not suppose that the minor chaig would be brought forward before the ma charge. " It was possible that the woms might not be able to give evidence inbd cases, owing to her delicate state. 1 would be better to have her evidence o the more serious charge first. ; It wouldl very desirable to secure the evidence g the more serious charge. Sub-Inspector M'Cluskey asked fori adjournment of both cases till to-roorroi Mr. O'Meagher : Yery well, then, I cos sent. The Bench : Then we will adjourn ft cases till to-morrow. " Sub-Inspector M'Cluskey: Oh, no, yce Worship^; I never asked for an adjoun ment. . Mr. O'Meagher: Most certainly yi did, and I said I would consent. The Bench : You certainly asked fori adjournment, Mr. M'Cluskey. Inspector M'Cluskey : No, your ■ •¥« ship. I qualified the request for an s journmpnt. Mr. O'Meagher: It seems to me tli the prosecution wishes the minor cliai| taken first, in order to fish for evidence, The Bench decided to hear the larcei case first. The Court then adjourned to Rid mond's Hotel, when the charge of larcei was heard. Sub-Inspector' M'Cluskey asked I Dale how long he thought could give her evidence. "ir Dr. Dale thought she could only staii one hour's examination ; and he won! that, the short case should] heardjSist.

Isabella Johnston, being sworn, said My4iiaiden name was Campbell. I tsi been confined in the Hospital till Frida; the Bth. inst. _ I left the Hospital « Saturday morning, the 9th. I was coi fined to my bed in the Hospital, suffera from burns. I saw Mrs. Moore, C matron, between eight and nine o'clock! Friday night, She left me a drink fori! night. I was not very well that nigl and did not sleep. I thought I hies somebody about the window of the vra towards morning, trying to get in. I we and saw Morrison at the window. I J up out of bed. Morrison said, " I liea you were'not very well, andlhaveneverslf any since you went away." He also sai '' Don't you think you would be better home, have more liberty, and anythii your heart may desire X will get it J you." I said, "I think I would, if f assist me to get away." I put my hand the catch of the window, and it* opened, with the assistance of prisoner, I could not open it myself. I had blanket on me, which had been pinned i by Mrs. Moore, as I was so weak got out of the window. I got i the window sill, and Morrison to me in his arms andcarried me home to) house. He did not give me a,nytt before he took me away. I was laid in« bed, and he gave me a glass of porter. I went to prepare something for me to ei On Friday night I was very weak S irritable. I could not have got up ai dressed myself on Saturday morning mi out assistance. I could, perhaps, to managed to get through the window, don't think I should have gone out of t Hospital if Morrison had not come. * Hospital blanket was still kept on me tO got home. By Mr. O'Meagher : I opened theft" of the window. Sub-Inspector M'Cluskey wished to i the witness if she heard the glass "brob Mr. O'Meagher: I must object, f Worship. The question does not arise« of the cross-examination. It should to been put in the examination in chief. Sub-Inspector M'Cluskey asked ' she went to the window. I Witness : I thought there was somej about, but I was not sure. If the wio» was broken, I must have broken itmj» The window might have been broken 1 my hand or the catch. Mary Ellen Moore, being sworn, s» I am the wife of Thomas Smith Mod the warder of the Oamaru Hospitalknow the last witness, Mrs. Johnst wh<J has been confined to thf^SJpsp 1 ' suffering from burn 3. I last Friday night, the Bth I ® her at eight o'clock on Friday night. J was bed. - She had one of the Ho# blankets wrapped round her. The hi® now produced belongs to the Hosp? tWo, wtmWn waaable to walk abott»a

Friday night, but was not abh> to dress herself. Sne could nut put on Eu r boots. She conid not have got out of eft" window ut the ward herself, through we;>.knc».-». 1 went to the door of *fch« want a Utile before sight retook the- fotluwing m> ■ruiti ami foutui it locked. On looking througU the keyhole, I saw the.window wa.-i upon. The top pane of glass waa broken « close to the catch. Snb-Inspector M'Cluskey was about to «Ak the witness a f|ttestton regarding the c itch of the window, when MrJOfMeagher-objeeted, and submitted to that notwithstanding the in.:omg«uence to some in the f:l"*pital, thj window should be brought down and put in asjevictqpee. ' The"obj*eetio« was overruled. The was continued.. witness stating: i£t>ottt an horer after I entered tltfe ward r I -found the woman gone and blanket missing*.' I nest saw the blanket in the posseasimT of the police. By Mr. O'Meagher i I know the blanket by a soiled mark. It b a common thing for blankets to get soiled in that way, especially when used by invalids. I have no-other means of* identifying it bat by these marks.' Johnston; did not attempt to dr«s» herself on Friday. She tried to put on her boots, but conid not do it. I never saw any larrikins about the Hospital. I think she was too we;;.k to get out of the window. She contd walk. She might have crawled out of the window, or fallen otit. The window of the ward had not been opened since Johnston had t»;eo in. The blind of the window was ftp on Friday, when tlie doctor called. .1 nut examine the- window after I pulled the blind down, at six o'clock that evening. .1 tlon't think it possible the woman wottld have torned the key of the door, because the lock was stiff. I coutd have turned the key. I did not write a message for the woman Campbell, to be sent to Morrison. She sent a message to him about some clothes she wanted. She said she would be ready to come out of the Hospital in a few days. This was three or four days before £ missed her. Re-e&aniinedi by Sub-Inspector M'Cluskey : The reason she could not turn the: key in the door was through weakness, and from her hands being burnt. She had scarcely any skin on them. If she liad been in a fit state, there would have been no hindrance to her leaving the Hospital. Constable Moronoy deposed : I am a police-constable stationed at Oamaru. f know the 1 accused, John Morrison. From information I received f went to his place on the morning of the JHti instant. When t got to l his house I found the doors closed. I called otit to him to open the door, fie said he would not do so without a warrant. I told him to open the door or 1 shotrtd break it in. I did not tell him who I was. He then caaie and opened the door. I saw the woman Johnston ifl the bed. Morrison was lialf;wets—only trousers and shirt on—--5 ending »sl*>;DgJß«fe the bed. I told hint I should move the Woman to the Hospital. He said! dw was iaphec own house, and he would not allow her to go. I found the blanket now produced. It was around the woman.. I told him I should arrest him on a charge of stealing the blanket. He hecame botraceable, and I had to handctiff him.. I left him on a sofa in the kitchen, and went back to remove the woman from the bedroom to the express. When I eatu© hack Morrison had his throat cut. I saw ; no weapon then, but the expressman ; picked a razor out of the tire-place. I took j the prisoner into custody and brought hint : to the station.

By Mr. *.VMea<£tve.r: The blanket was utifc ytmceahsd. Tlie pvtsouer viui nut efottn it us his. I will n«c swear it was titunan blond on the razor. He twtd me J lia> t n*> right to tr fce h«r tw tin Hospital, she was ia her own funis t-v 'this was ull the evidence. Mr. O'Mefighior, belY>re proceeding to address his W©TBhif> wn the ease, wettlrl asle il there rsaiiy was any ease to answer. .Ilia Worship said that he wo&ld take time to consider the ease, Unit fits impression was that them had fa«:« no proof wi tK.luoa.wus intent. Mr. O'Mt'aghwr pointed out that the Man-Ret aMtged U> have Inset* stolen had ■not tbwx*-identified sufficiently to-warrant it Ibeing tin: property of the Hospital. The soiled marks tl.at Mrs. Moore identified the blanket by might W t'ottnd »>rt any blanket. It did not follow that bseanse Constable Moroney found a blanket at the prisoner's house, that the blanket was the one stolen. Thy Ehlnnious intent had not betn proved. The prisoner (fid not go- to- the Hospital to steal blankets. Me merely we tit ti> sue the woman. IE any one oudd he charged with stealing, it was the person wtu> went away with the blanket, knowing it did not bett> her. Mrs. Mtmre'si evidence- »l»>at tlie window-catch and the glass was very weak. Tfce fttanitd counsel submitted that the evidence adduced had not teeis sufficient to- preve a feleniotrs inter t. Bi» Worship said he w»at«lgive Lis siott to-morrow morning. it was decided net tt> trke the second case to-day. as the weaan fcsd le*n »t m# what (sSe tsd through giving her avihttan. in. the first ease. Mr'. asked that the second case' might W adjourned till Thursday, as he had important business in connection with the District Court. The Bench adjourned the case till Thursday,, when the evidence will be tivJtan at the Hospital.