SUPREME COURT.

Otago Witness, Issue 331, 3 April 1858, Page 5

SUPREME COURT.

Friday, March 26, 1858. (Before His Honor Mr. Justice Ghesson.) The Court assembled this morning at 10 o'clock. The names of Messrs. Hollinshed, Cutten, and Napier, who had not answered to their names on the previous day, were called. Mr. Napier pleaded insufficient service, and Mr. Cutten as a government officer claimed exemption. His Honor allowed their pleas, remarking that they ought to have been given in on the previous day. Mr. Hollinshed failed to appear. MURDER. George Crawford was indicted for the murder of George Abbinett at Little Falmouth on the 16th of May last. The prisoner pleaded " Not Guilty." The Crown Prosecutor conducted the case for the prosecution, and Mr. Howarth and Mr. Harris for the Defence. The inquisition having been quashed owing to some technical flaw, the prisoner was tried on the indictment. The Crown Prosecutor in addressing the Jury, said the prisoner stood charged with the serious crime of murder, as the evidence he would produce would prove ; and it would be seen from that evidence that the prisoner and the deceased had been drinking together, that a squabble ensued, that they both fell on the floor, and while in that position the prisoner stabbed the deceased on the left side of the neck with a knife, thereby causing his death. The medical evidence would prove beyond a doubt that the wound must have been inflicted by a knife or other sharp instiument; the evidence of Carey would shew that the prisoner had made use of threats to the deceased to the effect that he would give him a piece of steel ; and the evidence of the constables would without a doubt carry home the guilt to the prisoner. He would not further occupy the time of the Court, feeling assured that the evidence was so clear as to render any further remarks from him unnecessary. Mr. Howarth objected to the evidence of the constables as being inadmissible, in so far as they had made use of threats and promises in order to get the prisoner to make confession. The Court overruled the objection raised by prisoner's Counsel, as in that objection the learned Counsel was anticipating the evidence, and the Court could not exclude the evidence on hypothetical grounds. Donald Ross being sworn, said : — I was a constable at Dnnedin in the month of June last. I went to the Lock-up house on Sunday, the 7th of that month, in company with the Chief Constable; prisoner was there. When we went in he had a Bible in his hand, which he had evidently been reading. He said to Mr. Shepherd, ' I have sent for you to tell you the truth.' Mr. Shepherd replied, 'If you are going to tell me anything, I ! hope it will be the truth.' The prisoner said, ' the truth, the whole truth, and nothing but the truth, so help me God ;' he then kissed the book. This ' expression of the prisoner's was made voluntarily. He then stated that Mrs. Hocking went down to him at Port Chalmers, where he was at work, and told him that Hockings had sold the place to a man named Abbinett, and asked him if he thought she could get a house at Port Chalmers. He said he thought she could. She then asked him if he . thought he could procure a boat, as she wished to I get up to Dunedin to see a lawyer. He then went and got some spirits, came to Little Falmouth and I remained there that night ; came up to Dunedin on the following (Friday) morning. After seeing Mr. Davidson, and as they were about to return to Little Falmouth, they saw Abbinett and two boatmen walking along the jetty. The boat in which Abbinett was, passed the boat in which they (prisoner and Mrs. Hocking) were, and arrived at Little Falmouth some time before them. When they (prisoner and Mrs. Hocking) arrived, they went up to the house, knocked at the door, and request- j ed to get in. Abbinett replied, lam in now, and you wont get in. The prisoner replied, this is a rum game. They then went up to M'Lean's house; the prisoner saw a boat coming, which turned out to contain his father and brother j his j father had come for a gown which Mrs. Hockings had been making for his (prisoner's) mother. His j father and brother left shortly afterwards, and they ' (prisoner and Mrs. Hocking) wsnt down to Abbi- | net's house. He heard Abbinett say to Mrs. Hocking, I will give you two hours to clear out i your things. She then went into the house to pack her things. He (prisoner) went in to help her. Abbinelt said it was very cold, and asked him to chop up some wood and make a fire, which he did. He and Abbinett then had something to j drink, and remained in the house till nearly dusk, when David Carey came in. Abbinett then ordered the prisoner out ; he refused to go ; Abbinett | then took him by the collar. A scuffle ensued, and they both fell on the floor. After rising, Abbinett said he would allow him ten minutes to clear out of the house. Carey left the house, and on Abbinett again ordering him out, a second fcuflle took place, and he said, 'It was then I must have done it, and I must have done it with a table knife, for I had no other knife.' This is as near as I can recollect the exact words made use of by the prisoner.

Cross-examined. — T never heard anything said to the prisoner about telling the truth; I saw the prisoner on the Friday previous to his making the confession ; he seemed uneasy in his mind, and bemoaned himself very much ; he said he wished he had died in the bush before he gave himself up : he went on in this strain for some time. I said to him, if anything troubles your mind you ought to tell the authorities and relieve your mind, but I do not want you to tell me anything. I will not swear whether I made use of the word authorities or not. I said something to that effect. The Chief Constable's evidence fully corroborated that of the previous witness.

David Carey being sworn, stated:— l was at Hocking' s bouse on the night of the 16th May last, Mrs. Hocking, Abbinett, and prisoner were

in the bouse when I went in. I had not been in above five minutes when AbbineM said: to prisoner, ' Now you walk out my gentleman.' Prisoner said, ' I was welcome enough with my two bottles of grog, and now you order me out.' Abbinett said, ' Grog or no grog, out you go ;' he then took hold of prisoner and pushed him towards the door ; they scuffled, and both fell on the floor. Prisoner was under; I parted them. Prisoner sat down, and Abbinett took hold of a stick to strike prisoner, when prisoner said, if you strike me any more I'll give you a piece of steel. I then left the house. As 1 was leaving I heard Abbinett Bay, I'll give you a quarter of an hour. When about halfway between my place and Booking's house I heard a smashing of glass. Next morningr M'Lean came down for me to come up and see a wound which Abbinett had in his neck, to see if there was any glass in it. I saw blood on the bed. After looking at the wound I said T will have nothing to do with this, you ought to get a doctor. I asked him how he had got the wound in his neck ; he said that Crawford had kicked him. There were knives on the table when I was in the house on the Friday night ; they were small table knives. Cross-examinod. — Abbinett was a strong powerful man, I am quite sure the prisoner said a piece of steel. I saw broken glass on the floor. Betsy Hocking being sworn, stated : — I lived at Little Falmouth previous to the 16th May last. I was in the house on that night packing up my things. Abbinett and prisoner were in the house at the time ; they had been drinking, and I made them some tea. Carey came in. Abbinett said to prisoner, Now you go out of this. Prisoner 3aid, Why do you order me out, you invited me to the house ; a scuffle took place between them, and they both fell on the floor. On Abbinett again ordering him out, he refused to go ; Abbinett then took hold of him and shook him, when a second scuffle ensued, and they both fell against the window and broke the glass ; they then fell on the floor. When Abbinett got up, he put his hand to his neck, and said, Mrs. Hockings, where is this blood coming from ? Will you call M'Lean. I went to ft! ' Lean's house, and Mrs. M'Lean came down with me. When we came back, Abbinett asked for some flour : he then went and lay down on the sofa and told me to shake the flour on his neck to stop the bleeding. There were knives in the house ; the knives were mine. (Witness was here shown some knives.) I could not swear to those knives ; it is so long ago that I cannot identify them as mine I asked Abbinett if he thought there was any glass in the wound.

Cross-examined.— When Mrs. Abbinett and the doctor came on the Sunday, Abbinett said to me, Now you are not to tell her (meaning his wife) anything about it, leave it all to me. I attended Abbinett all the time he lay. Mrs. Abbinett sent prisoner to Port Chalmers for a bottle of wine and brandy. Prisoner shaved Abbinett on the Sunday, and remained about the house till the hour of his death. A short time before his death he recognised the prisoner and shook hands with him.

By the Court.— When the scuffle took place, I said, Carey, if I was a man I would separate them. The Court adjourned till next day at 10 o'clock, and the Jury were conducted to the Royal Hotel.