HAWKSBURY.

Otago Daily Times, Issue 2062, 14 September 1868, Page 3

HAWKSBURY.

(FROM A CORRKSPONDEN'R)

RESIDENT MAGISTRATE'S' COURT.

Thursday, September 10th.

(Before J. W. Murdoch, Esq., R.M., and

J. Orbell, Esq., J.P.) ;

Shooting with intent to do bodily harm.—On the information 'of Moses Teaika (Maori) and Charles Lorenzen (German), one Duboie, a Frenchman, was charged with the above, offence. (The prisoner pleaded Not Guilty. Sergeant Naden conducted the prosecution. 'Teaika was sworn, and gave evidence through a Maori interpreter, to the following effect: —I am a stockrider residing at 'Hawksbury. I-went to the prisoner's place, the York Accommodation House, about a quarter to fivo o'clock on Sunday evening last, 6th September. I walked' into the front room, and from there into the kitchen. The gun now shown me is the one I saw in the prisoner's' 'house. ; The prisoner's wife asked if I was a Hriuhau. I did not respond, whereupon the prisoner: remarked, "If you are a Hauhau, show your muzzle." He moved towards me, but not in a threatening attitude. I saw a fight in the house between the prisoner'and a gentleman, one Mr Thomas Work. There were two women in the house who wit-: nessed the disturbance, which ended without bruises or bloodshed. I ran for assistance; but when I returned, the struggle was over. I left the place, and returned later in the evening about dusk, with a view to pacifying the prisoner, who seemed much, agitated, when I left. Whilst standing at the door step, Charles Lorenzen came there. - The prisoner walked up to the entrance of his house, and laid hold of my " jumperj"""and wanted to drag me in. I extricated my; self out "of his clutches^ "and ran'for the police. When abreast of Kneebone's house, some throe h/uridreii yards' from the prisoner's housed'l hoard Ahe report of a gun, and a bullet whiazing over my head. I fell down with fear. I thought -I was shot. After.',coming found,' I got up and ran for bare life to the Camp for protection.; :., > :■ ,v By the prisoner : I saw you and Mr Work fighting. I picked a knife oft the ground. Ido not know the time I left your house. The shot was fired at j o'clock. Charles Lorenzeii deposed : I am in the employ of Mr Smith, of Hawksbury, carrier. I remember Sunday last, 6th September. I know Teaika. I took a walk with him that evening to the prisoner's house, where we arrived about twenty minutes to seven o'clock. 1 stopped outside, about a yard from thp house. Teaika went into the passage. The prisoner laid his hand on his shoulder, and wanted him to come in. Teaika said ho was not on. The prisoner seemed rather excited and tried to force him into the house, saying at the same time, "I want you to come into the room." Teaika took to his heels and bolted out of the crib, whereupon, the prisoner commenced to swear by the hole in his coat. ..Seeing me, he came towards me ; not caring about his close acquaintance, I made a quick retreat, because. I was afraid he would harm. me. When I had got the length of, Letham's house, within about; two hundred yards of the prisoner's place, along the North Road, where I overtook tlio Maori;- a bullet whizzed ;over, our heads. My companidn tumbled down with fear. I .helped him,to get,up, and accompanied him to the Camp; I; heard no footsteps behind. I was so much afraid that if there had been any, I should not have heard them. •• ' ' Robert Mill, Hawksbury, carpenter, having been sworn," stated : I remember Sunday last, 6th September." I was in a. paddock adjoining my brother's house, at the hour of seven o'clock in the evening, some tliirty yards distant from the North Road. . There is a street between the paddock referred to and Kneebone's house. _ . The distance between the prisoner's house'and that .of Kneebone is about 200 yards. I heard a bullet.passing by, and the report of a gun. X crouched down with fear. I went to my brother and told him I was near having been shot; In going, I heard steps of some one running towards the York Accommodation House. The sound of the report seemed to come from the direction of Tempieton's place, Beach street^ near its junction with the Main North Road. From the direction stated, the bullet appeared to come over my head where. I was standing. \y : •■•/■• ~;; ; :".' — Milligan, of Hawksbury Bush, carter, deposed: I. remember Sunday, evening last. Had been at the Golden Hotel, between the hours of five and seven p.m. of.that day, where;! left at the last mentioned hour, because of having been informed that Mr Work had beenshot, or fired at. Went to the prisoner's house to ascertain the fact. Saw the prisoner going into the adjoiningihb'use, occupied by one /Mrs Burns. I am, well acquainted with the prisoner's voice, and can understand what he says very well. In going in, the door was not closed after him, I went up to the front window. The door leads into the front room. I heard . the prisoner say, I have shot one ——, and I have a loaded barrel for, the other. The prisoner made those remarks to some one in. the room he was in. .; The Prisoner had no! questions to ask. He had not been in Mrs Burns' house, as alleged by the witness. Police Constable, Porter said: I' remember Sunday evening last, 6th Sept., Teaika and^t&renzen came to the camp, and the l^aorr threw himself up against the door, stating the prisoner had attempted to stab a man. In consequence joi the charge laid, I went to the prisoner's house, to arrest,him, He said no Maori had been in his house that day. I took ■ possession of the gun now produced in Court, with the left barrel loaded and cap on nipple. It is' the same I saw in the back kitchen of the prisoner's house, with the right-hand barrel recently discharged. Remains w of powder indicated this to be ,the case. . Prisoner stated, in my presence^ repeatedly, on Monday and Tuesday last, that he fired off the charge of the l-ight-hand barrel on Sunday lastj the 6th of September. The prisoner also admitted that his gun could . kill wild ducks 120 yards off. Sergeant Naden then endeavored to draw the charge, using much effort before a portion of the same could be extracted. It consisted of tui shot; but finding this, by the measure of the ramrod j to be only one-half of the charge, fresh efforts were made to draw the remainder, j but unsuccessfully. . The sergeant proposed totake the guns to the blacksmith. The prisoner said the remaining charge in the gun was ball cartridge, which he had pub in when out pig-hunting. The Bench decided that it was not necessary to draw the bullet. The prisoner's acknowledgment, that there was one in the barrel, would suffice the requirements of the, Oomt, The, qua. with its leaden

contents, was then dictated to be handed over to the prisoner's wife. This concluded the caso for the Crown. The prisoner called no witnesses, nor did he offer to mako any statement. Their Worships retired to consider the case. On reappearing in Court, they said that the intent to do grievous bodily harm had not been proved, therefore the prisoner must be discharged.