ASSAULTING THE POLICK.

Otago Witness, Issue 928, 11 September 1869, Page 7

ASSAULTING THE POLICK.

Fredorick Wain, Homy Francis, and Rodetiok Cameron wore chargod on iudictmont with having, on tho 12th Juuo, 18f>9, MSAiiHed, boMen, wounded, and illtreated ono Sumuol Portor, a polico con■tsble, in tho duo oxocution of hi* duty as tuoh constable. A «ocond count charged the prlsonors with having assaulted, boaton, md ill-tronted tho said Samuel PorUr against tho Statute, and against

khe peace, Ae^tThe- prisoners pleaded, Uot guilty;. tWain. end Francis were defended by Mr Sanies Sriiith, and Cameron by.Mr Harris. > , , .. The w : [Crown Prosequtor, explained the circumstances under which , the assault took place as beiug -in a disturbance at the Commercial Hotel, Waikouatf*, at which Sergeant JSaden and. Consta^l© Porter had arrested a man named Daley, for drunkenness, and took him out, but whilst doing 80, the prisoner Francis shut the door, and, held Daley's foot, but the constables released him. At the same ! time they saw Wain and , Cameron going to an urinal about 23 feet from where, they were. , From what had ,taken place during the day. they had reason to.beilieve that the prisoners w,ould attack them, and Sergeant Naden, therefore, told them that he knew tVm. The two prisoners then came out of the urinal,,- and the constables tuok their prisoner Daley on. Francis then joined the prisoners, who followed, and Buddenly attacked the constables. They were led by Wain, who struck Sergeant Naden with a, bludgeon, or some other weapon. He then struck Porter a very severe blow which knocked him senseless. Sergeant Naden then fired a. barrel of his revolver, containing powder only, which had the effect of frightening the prisoners off. They were afterwards arrested, charged before the bench at Hawksbury, and committed. He pointed out that, although Wain was the only one who struok the blow, the others were there aiding and abetting, and were therefore principals in the second degree. s Sergeant Naden, of Waikouaiti, deposed : I remember the 12th June last. I was on duty on the Main North Road, in the township of Havrksbtiry. I remember a disturbance at the Commercial Hotel. I sent for Constable Porter. He arrived about a quarter paat six. The disturbance I saw I thought at first waa a fight, bat I afterwards saw it was a sham. That was at six o'clock. Just before Constable Porter arrived, I was under a verandah, arranging to have a drunken man put to bed. Wain came up and made remarks about my locking drunken men up. What he said was to the effect that some men would have been locked up for what that drunken man was doing. He likewise sdid, There's no woman about now, referring to some evidence I had given thsit morning, in the R. M. Court in a case against~hina with reference to his allowing gambling and card playing in his hotel. He came close up to me and made other remarks which I cannot remember. Shortly afterwards Constable Porter arrived, and we walked up and down the North Road near the hotel some time. During this time Wain passed ua several times. From information I received, I went to the Camp with Porter and loaded my revolver. I. loaded five chambers with ball and one with powder. When thon went Inck to near tho hotel. We walked along the North Road, and down Beach street to tho Council Chambers, where thero was a public meeting. When we had about half way, opposite to Dr llmdinu's house, Wain passed close by ua. We thon walked on and found the meeting over. We then went back, and when within 2QO yards of the Commercial Hotel, we heard a disturbance, drunken men making a row. I went to tho hotel, and saw a man named Denis Daley, very druuk, and squaring as if to fight. I passed through tho bar into the billiard room, whero I saw Mr Sutherland, one of tho proprietors of the hotel. Aftor speakto Sutherland I went to quell the disorder. I arrested Daley in the bar of the hotel. Mr Jtvs. Smith objected to the evidence, as showing what took place in tho absence of tho prisoner, His Honour said tho ovidonco waa admissiblo, its object being to alv.w that tho constables wcro in the execution of their duty. It was not as if worcln had boon spoken, and wero sought to be udmittod.

Witnoss contmuod : At this timo Francin was proaont. Daley resisted violontly, and Constable Porter came to my asaiatanco. Francis jostled me, and I called on him to stand off and not interfere with mo in my duty. Ho still kopt coming towards me, so I threatonod him with my Hfo-prcaervor, and told him that if he did not stand bftok I should hit him. Daloy took hold of tho lifo-proßovvor, and a stru^glo on•ucd. Oonstablo Porter and I throw Daloy on his back and lmndcnOlod him, Francis still interfering. Wo drftj^ud Daloy under tho verandah, a tcufllo Uking place at tho door, in which Francia interfered by rushing up and hutiling us. When we got undor tho verandah i haw Wain and Cameron run from tho oornor of tho hocuo und hido in tho urinal, winch wo wem compelled to paaa on our way to tho polico oftinp. Whon wo gut tho priaonor opjwsit© to it I criotl o\»t tor » liKht, tho titght boing rkrk, No ono brou^la a U«ht, but- tho lfttnp in front of tho hotel throw light in th*t direction. I pushed opon tho door of tho urinal wad told tho

b&ptttftj'> Wain aiid; Oanseroni^hd^y 'fthew"them. • They Stepped tsutside^ and Francis joined them 1 . ' We'Vjbmmenced: dragging- on Dale^r'and' whilst' doing so' tKe three prisdherrrmhad'towardsus. - I. called Qri thfeinto stand back, threatening < them with my 'luVpreflerver:'; They/'cauie towards us again, and I again threatened tliem. Wai» came closVts'td l ine 7 almost Standing Wr file. They appeared to Stan'd''Btiirfbr&bri«f space 'of tiirie after that. I, suddenly felt' a man alongside of mci and 1 received a blow on L th"e head< T fetaggerad back' partially sturtned," but did ridtlobe' my senses. It 1 wa? the prisoner' • Wiin who s"tr\ick me. He then rushed to Constable Pdrter, and said/ "You to--— dog," or " You b wretch,' l'll murder you," at the same time delivering a violent blow on Constable Porter's head. He (Porter) gave a fearful yell, and I drew my revolver and fired the blank chamber' at Wain. By this time the other two prisoners were ' rushing round about me, so I considered my life in danger. After I fired, ' they all three ran away. I threatened that if any body came near I would shoot them.' I then assisted Constable Porter, and with much difficulty got him to the Police Camp. I also took Daley there, and locked him Tip, and saw Porter inside.' From information giver* to me by James Duff, I went to the ' Commercial Hotel and arrested Francis, tie assaulted me and resisted, tn an earlier part of the day the prisoner Wain came up to me near the Commercial Hotel, and told me that I had a down on him. T told him that I was only doing my duty as a policeman. He suddenly got into a rage; and said the policemen were b doga, and were always dodging him. I s«id, "Mr Wain, will you be good enough to 1 walk away V He said ho would not walk away ; but he came an placed his face close to mine, in a most insulting manner. 1 said, "Mr Wain, if you will not walk away, I will, and I walked away. He said, " Sergeant Nad en, you're a » dog." I then walked up the road, and when I was near the Commercial Hotel he came' outside with a long metal candlestick. He nourished the candlestick about in a menacing manner, striking' a post with it, and calling out "b dogs, b crawlers. I then went away. Ido net remember seeing the three prisoners in company during the day. I drew the plan produced, I measured the distances with a tape. I have served some time in a surveyor s office in England, and have acted aa foreman to a surveying party in Victoria. The plan produced is correct, and shows the situation and distances of the places referred to in my evidence. By Mr James Smith : No unpleasantness had tiiken place between Wain and myself before the 12th of Jnly, excopt in the way of police duty. I remember a meeting to which I accompanied Wain. The meeting was about the removal of a toll gate. I don't remember Wain expressing himself in no measured terms about the busybody who had recommended to the Government the removal of the toll gate, nor when it was disclosed that I was the wrier of the letter recommending it did Wain aay to me that he could not eat his words. When I was examined at VVnikoujiiti t did not mention about the candle■tiok. 1 was not asked about it. There might he some other omissions then. To the best of my recollection I Baid then that Wain passed and re-passed me several timoa in the evening on the North Road. The deposition produced ia mine. It does not contain such a statement, nor one that Wain brushed past me at Beach street. I was examined twice, and I do not think this is the deposition of my first examination. 1 ÜBed the ex« preusion that Francis jostled mo when T was mkini? & drunken man into custody, To tho best of my belief he pushed against all of us at times ; it wai an ir« regular scuffle. Other persons wero presont, I boliovo ; thoro were people about, a pood many. Tho bar was a'-out 14 or 16 f . long, nnd not quite so wide as that. I noticed no 1 ody coming closo bntFriincis. Othvrpeoplomightbo looking on. It was a scuffle. I don't rememWr calling any pcrßon to witness that Francis was Job; ling mo. When t wns on tho verandah, I saw Wain nnd Camoron run into tho urinal. There is ft door to the HUiard-room opening on tho verandah. Whon 1 looked into tho urinal Wain was not arranging his clothes. It was a dark ni«ht, but tho lump over tho door omh\«d mo to boo into tho urinal. Iho billmrd room comes between tho lamp and the urinal. Tho lump enabled me to look into the urinal. Tho distanco from tho \irinnl to whoro tho assault took placo w 39 fent. I saw no other person about except tho prisoners at tho time of tho netault. As soon as Porter was struck, lu> fell, nUjwering a«i»inst tho wall «»r a building Tlii* was just «t tho oomcr o! Richmond* house I bolievo it was Bor 10 f cot fr<»m Richmond's door. It wm Wain who struck tho blow. I saw him af tor ho had «*ruck Porter. I could wo h»m plainly, and I lirod at him thon. 1 could |

'fteeJboth tne ; 6ther<prisonew. 'At>thoiime | the'coov^rsafciofal Kave referred toltbok place between, myself TaM 1 Wain? he com-. bonversation." After tlnVcon•versation he'wafc' flourishing a candlestick before his own door. There waß>acoacM there. ' I "saw 'the candlestick,, or one, ve'ty' J lik<& < iy lying ! inthe piusage .'afterwards." " Mr -PiStey was" (present -at- the 'time.' 1"*1 "* '■" ■ c '* in fM^ '<"■ '' r> 1 By MrHairia 1 : Thiai'was'onnSaturdayv the 'l2th June;' > I ifirafr saw Cameron on that day before' ihtf iistuf^ance, when he wad-pretending to. fight Franais. " That waa, 1 I think, betweeft six^'^nd-'Beven' o'clock. * t don't remember seeing hinv before that. 1 did not see him with Wain until I saw them go to -the urinal. He 'aid hot use any threatening language, strictly Breaking, t6 myself or to Con-stable-Porter. He did" not jostle or rim against me 1 , nor did he threaten to do sc I°did not see any weapdn in his hand. I, did not' measure the urinal. » It' is nor drawn to scale" in 4 the plan. The plan, is not drawn to scale. The distances put oh the plan are, to the best of ' my beUef / correct There is room for more /than one -person- inside the urinal. It is used by the frequenters of the hotel. Waid and 1 Cameron had a perfect right to go intdit. When I looked in, they stepped out' pretty much at ' the ' same ■ time. Cameron' said he only followed Wain in. Daley was in charge of Porter when I went to' look In' the urinal. Cameron rushed after us. He ■ did not use any threatening -language* nor did I see him put his hand on myself, Porter, or Daley. I did net see any weapon in hia hand. I don't remember him' asking me when Daley might be bailed out. He might have aaked me that or other things, but I cannot re-menai-er what was Baid in such a row. I did not hear him ask' me when Daley might be bailed out. I did not hear Cameron say any thiDg to Wain or Franois to induce or encourage them to commit an assault, either on myself or Porter. I had Bomo difficulty in taking Daley. I did not ask Cameron to assist me in taking DjJey, or in preventing a rescue. By the Foreman of the jury, through His Honour : I called for a light before J got to the urinal, but when I opened the door the light in front of the door enabled me to see inside. ' The light in front of the door projects from the building, and; is about 11 or 12 feet from the ground. The billiard room is about 10 feet high.

Constable Porter deposed : I am stationed at Hawkahury. 1 remember tho. 12th June last. There wivs a caso heardi in the Resident Magistrate's Court that day, in which the prisoner Wain was in . terested. I laid the information. I saw him at night after the case was over. He said the police were b— wretches, b~b—, &c. I know those words applied to the police, because he spoke them to me and Sergoant Naden. I saw him again in the evening in the Main North Road. I was sent for about half-past six in the evening, by Sergeant Naden, to the Commerciaf Hotel, at the Main North Road. We patrolled Ihe road for an hour or an hour and a half. During that time I saw Wain ; ho passed us several times on the road. Ho passed xis quite closely. I never spoke to him on those occasions. We then went up to the station. We stayed there for a time, ard then came out again. In Beach street I met Wain ai;ain. We wen+. down to the Council Chambers, a.td, in coming back, heard a row at tlie Commercial H o«-el When we went in, the row wi»s o* er. Sergeant Naden went in. I waitod until ho oani*out. After he came out thero was another row inside. I Nadenthen arrested a man named Daley, ! who struggled, a»d I Trent in to assist him to put the handoutfs on Daley. Francis was Bti n ling behind me, pressing mo with his knees. Ho pushed me down ! on tho prisoner Daloy. I told bim to keep back, and not Interfere with me. We lifted Daloy on his feet, but he would not walk ; wo were getting him out when Francis shut the door to, catching hia foot butweon the door and tho door case: thus holding him bnok. I piuhed tho door opun, telling Francis to let tho prisoner out. We got Daley on tho verandah. I saw Wain and Cameron go round the enti of tho billiard room, at a pace between running and walking, into an urinal. Wo brought Daley on, Franow following. Oppoiito tho urinal, Sorße*nt Naden called for a light, but nobody brought one. Servant Nadon put his head into tho nrintil, and said, " h aoe you— l know yjou." They oaino out, and wore thon joined by Vmaas. We wore taking Daloy on to tho station, when thoy ftll rushed aftor v«. Sergeant Naden threatened thorn with his lifo proservor. They again mad* a rtuh, | and ho again threatened thum. Aftor j going a short distance Wain ran to S*r- j go mt Nation and struck him. Sergoant Niwlon sta«tfurod against tho wall from tho wir.-cl of tho blow. Before striking j him, Wain Mid, "Ohil'ayou, yon b— doc" I took hold of Daloy and iaic»> " Wain, you and Camoron -go away." I Hardly wero tho word* out of my mouth

wh'6ll Wain>«twijßk, / mei , **& mMi " Tou b« r -jdog > JJ > U/murder,.you,r and h&ardth^MPqrt^of a pistol^ I then b^-, came insensible* "and remember .nothing, > untUi-I found, myself; at , the, .poliqe camp, ur He.! struck me .with.a, stick, a< bludgeon.., Beheld ithe stick with both, ! hands ,wheni ho .made - the blow. ' I- wore, the uniform; cap produced that night. It .wasfl goodreap before; t wsa struck. (The, cap, produced , fthowed t» M 4eep . dent in front, aaifiifora a blow , with some. weapon. V I r ,tom-> attended bynDr Harding for: 14 days. I was unfit tforr duty , for,, jthree ifeeksi ( .My /head was much, affected by the blow. l: received., »,'. „, , >, ByiJMr Jamds Smith » After the case I have referred to at the U.flfc Court, the prisoner used the words I haye stated, to myself and . Naden. I mentioned this at my examination at Waikouaiti., Wain^B Hotel is near the Commercial Hotel. I had seen; Wain at the Opmmercial Hotel, sometimes. I< aawhim about half-pa»t six that nighty going, into thobavof thp. hotel. I met Warn in Beach street that night.- 1. 1 heardthat Wain had been to a public meeting that "evening. When we were . handouffin« Daley, Francis was pushing me on him, with h.is knees. I told him to go away. There were three or four persons in tho bar, but they did not interfere. Francis oaught Daley's foot in the door, and jammed it. He shut the door. , Waia and Cameron went at a hurried pace into tb.e urinal, I have not seen persons going into such places at that pace. When they came out I did not see anything in. their hands. I saw them when they came out. Daley was still struggling* When we took Daley on, the three prisoners rushed us—ran towards us. This they did three times. (The witness here gave the same evidence relative to the assault as he had given in his examination in chief.) I know Mr Richmond, the butoher. I did not fall against his door. I fell near the window. I know Mr Davidson, his assistant. I did not see. either, of them there. If they had been there 1 must have seen them by the light of the Commercial lamp. This was about 70 feet from the Commercial Hotel. .1 am quite sure that Wain made use of the words I have stated he did. Ho did not speak in a raised tone of voice. Sergeant Uaden and I have not compared notes as to this occurrence. He has aaked me if I knew who struck me. I replied, " Yes, Warn struck me." By Mr Harris : I think Cameron was in court that day, but I'm not sure. I aaw him about half past six in the eveni ing. He was about the Commercial Hotel at that time. He was hy himself. I did not see him with Wain or Francis until ! the evening about half-past nine o'clock, when I saw him with Wain under the verandah of the Commercial, .when they wont into the urinal. There is room for more than one in the urinal. Cameron did not use any threatening language towards me or Sergeant Naden that evening. I did not hear him put any question to Sargeant Nadon. I Baw no woapon in hia hands ; nor did he attempt to strike mo. When ho camp out of i the urinal he said " Let the prisoner go." 1 do. not find in my depositions that I stated this at my previous examination. I saw Naden struck by Wain. After ho was struck I told the prisoner to go away. Immediately afterwards Wain struck me. I do not find anything in my depositions about telling Wain and Cameron to go away. We did not call out for any aasistanco. Camoron never threatened us, nor placed bis hands upon us, nor attempted to reaoue Daley except by rushing at u». By Mt Hajtgitt : If Mr Richmond or Mr Davidson had boon there before I was struck I should havo aeon thorn. I measured tho distanoo from tho Commercial Hotol to tho plaoo whero I was struck, i think it was 00 or 70 feet. I tot not positively sure of the distance. Robert Price depoaed : I am a saddler, residing at Waikouaiti. I wa» at the Commercial Hotol on tho ovening of the 13th June, and I aaw the police taking Dpnis Daloy out of the hotol, la order to take tlwir prisoner to the camp, the polioe would havo to pw» tho urinal I hoard Sergeant Naden call for a light. No one took a light. I looked in that direction, and saw two nun at the uriuai whom I took to be Wain and Cameron. I ahortty afterward! heard ioroe one cry out as if hurt, and thon heard a *hot fired. I lookodg but could aeo ;nothit>g. I i*w Mr Wain oome nndor the limp of the Commercial Hotel * very short time aftorwardc, from the direction whero tho Floooe wu. __ By Mt Jarawi Smith: Ho cam© from tho direction of whero tho Golden Fleeoo, tbo houia he k«ep«, was, tho opposite direction to tltat which the polioa had taken. Only a very few minuU* olap»«d < etwe«n the time I a»w him at tho urinal and the timo I taw bim at the Commortf aL DtitiU Daley U * hftrm om kind of ro»n whon ho U tipay. Ho aometiutea got* drunk. By Mr Harris : I did not m« Camoron commit any aanault on the polio*.

-Henry P^eey- cieposed:, I .iwi'jagen^ fotf ,the Bank, of . Xfajir, Zealand,, . W ( aikouaitx. I remember Rearing aome words, parsing between the prisoner Wain and the police, at the Pommercial Hotel, at. about one o?ciock'on the 12th June. , I wa? at^ome distance from whpre the conversation,^took ,placa.o I he»rd\. Wain, say to Sergeant Naden , that , fk% t polics , had, , a down upon him.- Sergeant Naden, replied that he had- noT down, upon him, but he , did .his duty, j ,mi, tfiat it he (Wain) did not , leave. ■, him, he (Naden) would, leave him. Sergeant , Naden <went away, and I did not hear Warn Bay^ anything more. 1 w>» boardingat the Fleece Hotel. I afterwards saw Wain with a candlestick in hie» hand, but I cannot recoliect when,it* was. It was daylight. I do not recollect what kind of a candlestick it was, but that it was an old thing whiohl thought" he was going to throw away. I remember a .meeting at tb« Council Chamber ,on the ,12th Juno. I did not see, W,ain there, ,nor after it, to my knowledge, .1 did not hear Wain say anything abput the police. By IVJr Jas. Smith : Thero was a case in the police office that day against Wain. I was not there when the, case was over, to the best of my recollection. I was in for two or three minutes. Mr Wain seemed excited on the occasion of the conversation to which I have referred. I did not see him flourish the candlestick about in a menacing way. I did see him strike it against a verandah post. By Mr ffaggitt : Wain seemed excited, and I told him to be quiet and say no more about «he police. [This witness gavo his evidence in so low a tone of voice that only portion of it could be heard, ] James Duff deposed : I am part, proprietor of the Commercial Hotel, Waikouaiti. I remember the 12th June. The prisoners wero in my house on that evening. I saw Dalay arrested. He did not seem to like being taken away, and resisted. Francis was in the bar. I did no*i see him doing anything particular when the police were handcuffing Daley. I did not interfere. There were more than three person* in the bar besides Francis, Daley, and the police. I waa behind the bar serving drinks. I could not gee Daley, who was lying on the ground. I could see the police. I did not particularly notice how far Francis was from tho police. Daley and tho police were at the end of the bar, near a passage, leading to behind the bar and the breakfast-room. The constables were on the top of Daley when they I were handcuffing him. I could see their backs. I saw Daley fall in the middle of the floor ; he fell on his back. I did not take particular notice of the occurrence. His Honour remarked that the witness was evidently hostile to the prosecution, and that he had seldom heftrd a witnet.B »»ive his evidence in ao shuffling a manner before. By Mr Jas. Smith : I did not see Francis attempt to pu«h the constables. There was no door there but tho break-fast-room door. I saw D«iley taken out of the door leading to the verandah. He caught the door with his foot, and pulled it to. By a Juryman : The passage between tho end of the counter and the wall is not more than a yard wide. Robert Harding, medical practitioner, residing in Waikouaiti, deposed : I remember being called in to attend Constable Porter on the night of the 12th June. It was about 10 o'clock. Ho was suffering from a wound on the right aide of the head, about two inches in length. I dressed the wound. It must have been made with a blunt instrument, such as » thick atiok. Tho next day there was a good deal of awelling about it, and a alight disoharge, I ordered him to be keptquiot in bed, dreftsed the wound, and administered medicine. He waa about a fortnight under my oare, during which time ho was not able to attend to bis duties. He waa suffering about throe weeks altogether. Tho hat produced would offer considerable resistance to a blow, and if such ablow as had evidently been given to tho hat, had boon given to a head unprotected by »*» the result might have been serious. Tbia ended the caso for tho prosecution. For the dofeaoe, Mr James Smith called Mr 0. Biohmond, who doposodj Umi butoher, redding in WaikonaiU. Tho plan prodwoed »how» tho position pf my ahop. I ronwmbor the njght of tho 12th June. I remember that Constable porter received a blow on that night. I waa standing at the door stop whon Porter •Ujmored agwnal tho door. Before that 1 was sitting before the fire with % man named Davidson. I heard a «ort or noise, soemingly n«tr tho Commercial door. We camo from where we wur« •iittng to tho doorstep of tho outer door, whloh waa open. Wo stood on the doorstep boforo tho police camo up, and about 10 minutes before the shot «v fired. I hoanl Donii Daley calling mit "Jimmy Duff,", and tho Serge*nt telling him to oom« qoiotly. Thoy wer» fell itftndlng quiet Cor about a mlnuu, and then a ru»b and »

crack, followed by .a cry, and Porter falling against my door-post. I pufc out my head to see what the fray was, and as I did so, a shot was fired. I then took in my head. I saw no one before Porter fell. It was dark, and I was inside the doorway. It was bo dark that it would be impossible to distinguish any person's features at a distance of two yards. Davidson was standing at my elbow. I heard nothing more than I have stated. I know Mr Wain sufficiently well to know his voice. Had he been near enough and spoken, I should have known his voice. I did not hear his voice. The lamp over the Commercial is a kerosene lamp, and will not throw a light to my shop. By Mr Haggitt ; I have not measured the distance from the lamp to my door. I can see the lamp from my door by putting my head outside the door. I heard nothing except what I have stated. I heard footsteps, and then a pause. Then I heard a yell out by Porter. I heard a thump first. I heard a groan as well as a yelL My building is of wood, and 1 could hear only one fall against it. I first heard a row atthe Commercial Hotel, and then footsteps coming along the street. When I heard the disturbance, I came into the front room. About ten minutes elapsed before I heard Porter fall against my building. Then I looked out, and at that moment the pistol was fired. I came in at once, and Davidson shut the door.

By Mr Harris : Daley called out for Duff, and Naden told him to come along quietly. After the shot was fired Naden called out that he would shoot any person who came to attempt a rescue. By Mr Haggitt : Davidson was nearer the door than I was.

David Davidson, butcher, of Waikouaiti, corroborated the evidence of the previous witness. He did not hear Naden say, " Wain, Cameron, go back." Had any person said that in an ordinary voice between the shop and the billiardroom, he would have heard it. He heard no person say, "Bring a light." He heard a row, at the Commercial Hotel, as he supposed. He could not say whether it was talking, but there was a noise. By a Juryman: The lamp was out before the shot was fired.

Levi Bradley deposed : I am a painter, residing at Waikouaiti. I know the prisoners at the bar. I saw some of them on the night of the 12fch June last. I recollect a row then. I heard a shot fired, and saw Wain afterwards coming down the road opposite Glode's shop. That shop is next to the Commercial Hotel, in the opposite direction to where the shot was fired. This was five or six seconds after the shot. I was on the verandah of the Commercial when the police were taking Denis Daley. He caught his foot in the door leading out of the house into the verandah. Before the shot was fired, I heard a yell. A few seconds elapsed between the two.

By Mr Hagfiitt : Francis was in the bar at the time Daly was taken. I do not know where Wain was at that time. I saw him in the billiard room about 7 o'clock. 1 had seen Cameron in the course of the evening. I was on the verandah when Daley was brought out upon it. I then went into the billiard room. I heard no voice calling for a light. I I heard a yell whilst I was in the billiard room, three or four minutes after I went in. I then went out towards where the yell was, and I heard a shot. I had only got seven or eight paces. I was just about opposite the urinal. When I hewrdj the shot fired I ran back to the verandah. There is a footpath them I then saw Wain coming down the street from the opposite direction of where the shot was fired. He was coming down tho middle of tho road opposite Mr Grlode's, which was two or three yards beyond the Commercial. He weut into tho bar. I did not go into tho bar nor do 1 think I saw either Wain, Oamoron, or Francis again that evening. 1 took but little interest in this affair. I know Wain. I did not soe him between 7 o'clock and half -punt 9or 10 o'olock that ovening. Ho got on the verandah nbout two or three seconds aftor me, after the shot was fired. By Mr James Smith : I thought it high time to get inside tho house whon I hoard shots fired.

Goorgo Sutherland deposed: I am a hoteikoopor at Waikouoiti. I was in fartnership with Duff on the 12th June, saw Donis Daley taken in charge by the police that day. I saw Francis in tho bar at the timo. I did not soo Francis interfering with or pushing tho polico. I don't think ho did interferes with them. If he had I think I should have aeon it. I don't rooolloot Nadon or Porter tolling Any person not to interrupt them. Whon Dtiley was being dragged out by tho police his foot caught tho door and pulled it to, on whioh Francis pulled opon tho door, •Ay ing that ho would rolooio his foot. Shortly aftor this I wm in the verandah and hoard *omething like a groan, and then tho report of firearm*. I taw tho pri*»ner Wain coming from iht opposite

direction immediately afterwards. ,, , 1 believe he went into the ( bar. ] ' The, light outside the door is a small kerosene one, fixed on the verandah, from 8 to 12 feet high. By Mr Haggitt : Daley caught his foot against the door, and it was released by Franois, who then went on the verandah. Sergeant Naden went away with Porter and Daley. Shortly afterwards I, saw Naden come towards the verandah and ask for a light. He then went back. I did not look towards the urinal, nor did I hear Naden say, "I know you," or "I see yon." Wain was not in the billiard room. When I saw him, after the shot was fired, he was coming from opposite Glode's. I don't remember whether he spoke to me on that occasion. I believe he went into the bar. 1 believe the same lamp is being used at the hotel now as was used, that night. Robert" Turner deposed that he was a fruiterer, and that he saw the sergeant of police and the constable arrest a man at the Commercial Hotel, Waikouaiti, on the night of the 12th June. He saw^ the prisoner Francis in the bar at the time, but did not see him interfere with Daley. On being taken out Daley put his foot against the door and tried to close it, but Francis opened the door. Daley set his foot against the door and tried to close it. He heard two shots fired.

By Mr Haggitt : He heard one shot, and saw the flame of the other. Francis was standing near the door when Daley was arrested. Daley was taken to the door. He was handcuffed. He put his foot against the door and tried to shut it, and Francis stepped forward and opened it. He (witness) then went away towards the Golden Fleece. He met Wain 30 or 40 yards along the road. That was a second or two before the shots were fired. Wain said to him, "Hallo, Gov*nor, what's up?" He (witness) replied that he did not know, but that the police were taking a drunken man to the stationhouse. He met Wain about ten minutes afterwards at his owu house. He did not ask him what the firing meant. George Sutherland re-called, said that Cameron slept at the Commercial Hotel that night He also explained that when Daley was taken out of the door his foot caught between the door and the jamb, thus preventing its closing. His body was outside and his foot inside.

Mr James Smith addressed the jury for fche prisoners Wain and Francis, dwelling on the peculiar character of the evidence given by Police Sergeant Naden and Constable Porter. He called attention to the faot that that evidence was built up on a number of suspicious circumstances, filled up with small bits of evidence which appeared to have been added since the examination at Waikouaiti. He argued that it was the peculiar idiosyncrasy of the policeman's mind that it should be suspicious, and contended that on the evidence adduced there was not a sufficient case to cenviot the prisoners. Mr Harris then addressed the jury on the part^f tho prisoner Cameron, and in doing so, endorsed the remarks made by His Honour Judge Ward in his charge to the jury, in which he expressed his high opinion of tho police force of the colony, pointing, at the same time, to the fact that even the best police officers were only men, and that they were liable to error. He dwelt on the discrepancies in the evidence of the two constables, and the numerous points in whioh their evidence disagreed with that of other witnesses. He referred to the law of evidence as applicable to principals of the first and second degree, and contended that there was not a tittle of evidence to show that his client had been an accessory to the fact, and was therefore entitled to an acquittal. The Crown Prosecutor pointed out to tho jury thftttho question forthom to deoide wns a very plain and simple ono. He shortly detailod the circumstances as stated by tho prosecution. The defonco was twofold : first, that it was so dark that the persons of tho prisonors could not, ns tho prosecution said thoy had boon, he identified ; and, second, with regard to tho prisoner Wain, that an alibi was proved. With regard to thoue two linos of dofonco, he showod that the ovidence was contradiotory on tho first point ; and that tho dofonco of atibi was not borno out, inasmuch as that, although it was stated by witnossßsthat Wain whs met coming to tho Commercial Hotel from a difforont diroc tion to tho spot sworn to by tho polico, thero was no ovidonco given to show that ho could not havo passed tho Commercial and then turned bnok, in order to mako it appear that ho was coming from his own house. He analysed tho whole of tho ovidonco vory carefully, with a view of showing that tho woight of testimony was in favour of tho prosecution, although h« Admitted that that Against Oamoron And FranoU wm vory much woakor than that against Wain. His Honour, in summing up, nxplained the nature of tho chargo against the prUoncrt, and tho lair on tho •übjoot of

principals in the first and Second; degree, pointing out' that ii was necessary, in' cases where two or more persons were charged with the same offence, that it should be proved that the parties were acting in concert with the same object and intention. He dwelt at some length on the evidence, pointing out the discrepancies and contradictions existing between that for the prosecution and that for the defence, and also those portions which corrobprated each other. The Jury retired to consider their verdict at about eight o'clock, and ,At 9 o'clock they returned into Court, when . The Foreman intimated that the Jury desired to be informed as to the time that elapsed, according to the evidence, from firing the shot until the time when the prisoner Wain was seen returning from his own hotel. His Honour read the' evidence of the witnesses Price and others on the point, and The Jury again retired. At 20 minutes past 11 o'clock the jury again returned into Court, and gave a verdict of "Not Guilty." Their decision was received with demonstrations of approval, which, however, were quickly suppressed. The Jury and the prisoners were then discharged. Hid Honour commented somewhat severely upon the unsatisfactory manner in which the witness Turner had given his evidence, and intimated that the Crown Prosecutor would consider whether an information Bhould not be filed against him for perjury. He also remarked that the Jury, as was shewn by the remarks of fhe Foreman when he came into Court to ask a question, did not consider the evidence of Turner in deciding what their verdict should be. The Court then adjourned sine die,