The Hakataramea Stabbing case.

Oamaru Mail, Volume XXII, Issue 7001, 27 September 1897, Page 2

The Hakataramea Stabbing case.

THIS DAY. (Before Major Keddell, S.M.) Duncan M'lnnes was charged that on September 10th, at Hakataramea, with intent to do grievous bodily harm to one Joseph Lousley, he did assault and wound the said Joseph Lousley. Mr Lee appeared for accused. Sergeant O'Grady conducted the prosecution, and intimated that the caso waa laid under the Ciiminal Code Act, section 177, sub-section 2. Constable Bradshaw deposed that ho was on duty in the township of Sandhurst on the night of the 10th. There was a ball held In the township that night Ho last saw the accused that night about 11 o'clock. Accused wasj then sober. He also saw Lousley about the same time ; ho was slightly under the Influence of liquor. Witness left the township and went homo between 11 and 12 o'clock. Ho saw accused again at 1 o'clock, when he came to the police station and said that ho wanted to give himself up for stabbing a man. Witness administered the customary caution to accused, and then said that if he wished to make a statement he would take it do»vn in writing. Accused made a statement, which witness took down to dictation. The statement was as follows : I went into the Hakataramea Hotel. 1 had a shilling and I asked for a drink. 1 had a whisky. Joseph Lousley was standing at the back window in the passugo. Ho asked me to give him a drink. I refused. He said " You have the money ; you must give it me." He then struck me on the throat and knocked me down. This occurred outside the door, ft o ono was prosent. I saDg out. I put my hand in my pocket and took out my knife, opened it, and struck him in the belly. He then ran away. I went down to the hall and Baw Thomas Davidson. He said " What are you doing with the knife?" I said "1 have stabbed the b r who waa trying to rob me." The knife produced was the knife used. He subsequently saw Joseph Lousley between 2.30 and 3 o'clock In the cottage alongside the Terminus Hotel, at Hakataramea. He was in bed. The clothes produced wero those worn by Lousley at the time. There was a cijt in the cloth on the right side of the waistband and another on tho right sleevo of the coat. When M'lnnes came to witness at 1 a.m. he was decidedly under the influence of liquor ; he also drew witness' attention to his trouser pockets, which wero turned inside out.

To Mr Lee : Ho thought accused was in a condition to make a proper statement ; he was very clear on what occurred. The ball was given by the Gaelic Society. Accused was at it, but nob Lousley. Tie had not seen accused and Lousely together that night. Lousely lived at Kurow and he had no idea what took him across the river, except " hanging about." Lousley was a laborer and shearer. Ho had known M'lnnes about 9 years. Ho was about 6(5 years old. He waa nob very strong and had complained of his lungs rocently. Lousley was abonb 23 ; he was a powerfully built man. Re-examined : Accused woro a brown woollen tam-o'-shanter.

Thomas Davidson, storekeeper, Kurow, deposed that he attended the Gaelic ball on the 10th. Between 11 and 12 o'clock he was near the hall where the ball was held. He saw the accused about tho time. Accused came up to him and sat down on a box. He had an opon penknife in his hand. He was a littlo excited. Witness asked what was tho matter, and accused responded to tho effect that somebody down the streeb had been going for him, and that he had had to defend himself With the knife. Witness told him to put the knife away and not make a fool of himself. He afterwards went and saw Lousley in tho cottage. To Mr Lee : He asked Lousley what was the matter and Lousley answered "not much." He then showed witness his arm and added " We were having a bit of harmless diversion." He had known M'lnnes for many years. He was a respectable, quiet, harmless man. Re-examined by Sergeant O'Grady: He saw the cuts on Lousley's arm and belly. Dr Stevens deposed to having been called in to attend Joseph Lousley. Ho was In bed and witness found a wound liin long on the right side of the abdomen and sin deep. He had also a wound on the front of the right forearm 3in long but only skin deep. Lousley. told him ho had been stabbed, but that only one blow had been struck, aimed at his abdomen, and that his arm had'been cut while trying to save himself. The blow musb have como from underneath in that case, as the wound was underneath the arm. He had kept Lousley in bed till last week. It was necessary in abdominal wounda to keep the patient quiet until tho wound was perfectly healed. Lousley's injuries were not dangerous if properly treated. Had the blow been a severe one ho thought It would have gone deeper into the arm. To Mr Lee : Ho could not conceive how the Injuries could have been Inflicted had the men been standing face to face. Ib was unlikely that they could have beon inflicted by a backward blow from accused. His theory was that the jpan who struck the blow was underneath. He could account for it In no other way. Joseph Lousley, laborer and shearer, Kurow, deposed that he was at Hakataramea on the night of the Gaelic Ball. Ho saw Constable Bradshaw there between 10 and 11. Subsequently he went to the hotel. He had nothing to drink. Ho asked for brandy but the girl did not serve him. M'lnnes then came In. They were both standing at the slide. He did not see M'lnnes have any drink. The side door of the hotel was open, bub he could not say anything about the front door. He himself was not perfectly sober, but he was sober enough to know what he was doing. He saw Dick Condon there in the passage, but he left. Accused had $ tam-o'-shanter on. He wanted the loan' of accused's tam-o'-shanter and took it off his head and began laughing at him. Accused got wild so witness desisted from teasing him. After a few minutes witness went outside and accused followed him. They talked for a while, and accused then struck at him. Witness was standing with his hands in his pockets and he threw up his arm to protect himself. Acoused made another slash ab him bub wibness ran off. He met Mick Condon aboub ,60yds away

and told him he thought he waa stabbed. They went Into Mr Burton's cottage and witness found that he was stabbed in two places. He was not sure when accused struck at him that he had a knife in bis hand, bat thought he saw something. He gave accused no further provocation than that detailed. He had no altercation with anyone elae that night. He had been confined to his bed till the Tuesday week following the occurrence. He had had no previous altercation with accused- He did not ask htm to shoot. He did not see any money on htm. To Mr Lee i He had had nothing to do with M'lnnes up till that time. There was no existing grievance between them. He went over by himself to Hakatarame». He did not go to the hall. He went over to see a young lady. He had had some drink at Kuruw before going over, and one at Burton's. He had been drinking all the afternoon at Kurow. He went in to Burton's with Dick Condon to try and get a drink. It was after hours, and the girt would not serve htm. He stayed talking to the girl. He did not hear M'lnnes a«k for a drink. He would have heard him had he aaked. He dta not know if the barmaid refused to serve M'lnnes. M'lnne.-i had no drink. He did not know what M'lnnes came in for Witness started larking with him at once. He did not know if M'lnnes was the worse for tiquor. He was in the habit of larking with man in the bars of hotels. Fie started to talk to the girl after larking with M'Tones. He did not notice where M'lnnes stood in the interim. M'lnnes followed him out. Witness intended going to the hall, but he stopped outside the hotel talking to M'lnnes. He knew M'lnnea waa annoyad at what had t&kea place in the bar. lie did not remember what he said to M Innes. Ha turned round and faced M Innes. It was two or three minutes before M'lnnos struck him. They were not ntttvcrtiUing- tCuosa becjaa larking with him again, and tried to seize his hat. He could not get the hat because M Innes held on to it. He then left M'lnnes alone. He did not see M'lnnes take his knife out. M'lnnes was annoyed at the second interference. He did not think M Innes could have taken oat the kntfe and opened it without his seeing it. He would not say that M'lnnes was not cutting tobacco at the time. He did not think M'lnnes deliberately took the knife Ecom his pocket and opened it to stab htm. He did not see M'lnnes' pockets. He did not know whether they were in or out. He did not put his hands in M'lnnes' pockets, nor pat his arms around M'lnnes. He did not knock M'lnnes down, nor was M'lnnes ever under htm. M'lnnes was standing immediately in front of htm, f:\co to face, when the blow was struck. Witness' hands were tn hi? pockets. He did not touch M'lnnes' hand in the bar, when he had money in it. He did not know whether M'lnnes had money or not. He did not pull M'lnnes' hat over bis eyes. He did not attempt to rob him. He did not sea anybody named M'Kay about. (Left sitting.)