CHARGE OF ATTEMPTED MURDER.

Otago Witness, Issue 1989, 10 April 1890, Page 10

CHARGE OF ATTEMPTED MURDER.

At Thursday's sitting of the City Police Court, Thomas Barrett waa charged, on remand, before Messrs J. P-. Jones and R. Ohisholm, J.P.s, with having assaulted William Woods on the Pine Hill road on March 1, with intent to murder him.

Mr S. Solomon appeared on behalf of prosecutor; Mr J. M. Gallaway defended. Mr Solomon, in opening the case for the proseoutio.i said that for some time thero had been bad feeling between the prosecutor and the prisoner ; that on a previous occasion the prisoner had been brought before the Police Court ohfirged with assaulting Woods, when the oase waa dismissed, and he then threatened to kill Woods, or •' do " seven years for him. On Saturday, the Ist March, the prisoner meet Woods on the Pine Hill road at 11 o'clock at night, and followed him for tome distance, when he struck Woods several violent blows over the head with a stick, and also struck the horse which Woods was driving, and deliberately backed the horse, cart, aud man over the bank where tbere was a drop of 15ft or 20ft. The result was that the horce turned a complete somersault in the air and fell, breaking its back, which killed it, while the cart fell on the top of the man. Ho* he escaped with his life was a miracle; but, although his life was for some time despaired of. he ultimately lecovered, Mr Solomon added that though the form of the information was for attempted murder, yet what their Worships had to consider was whether a prima facie case was made out that the prisoner had beaten Woods and pushed him over the bank, and it would be for the Crown prosecutor to say what form of indictment he would adopt. William James, a plasterer, and who at present wasVorking in the bush at Pine Hill, knew prisoner for the last U years He was in a dray in Hanover street during the day of the date in question, and about a quarter past 6 prisoner asked him to give him a ride in the dray. Witness consented, and prisoner got in. About the tame time prosecutor's cart was standing in Hanover street, below the hospital, and witness said, "Theie's Woods' dray; I Buppose he'll be home as soon as the rest of us." Piisoner knew where witness was goincr, and got into (he cart for the purpose of proc- eding homewards. It wa3 about thrpe minutes after that that witness tpoke to prisoner about Woods. Prisoner was not aober, but was not drunk— he had the smell of drink on him. When Wood*' name was mentioned prisoner puiled off his coat, and handing it to witness, (after taking something out), said "Take this along with you." When prisoner left the dray he made some remark about " fixing something or somebody." He said that In a kind of hurry, but did not seem in a bad temper at the time. He did not mention anything about proceeding home when he got out of the cart ; and after leaving witness, prisoner ran in the direction of Woods' cart. Witness did not see what prisoner did then. The latter said that he would catch up to witness, but, although he waited for half an hour, Barrett did not come. Witness took tbe ooqt borne aud. gave it to prisoner's mother.

Some time back prisoner was charged with assault, and on the Sunday before the case prisoner's mother was scolding Mm for being in trouble. Prisoner got excited and out of temper, and said : "If I get into trouble this time I'll kill the old yet, or do seven years for him." Witness recognised the lump of wood produced as the one he found ten yards from where the dray went over the bank. There were several nails in the piece of wood, which was a heavy paling from a gate in the vicinity. Mr Gallaway commenced to interrogate the witness as to what prisoner had said to him, but Mr Solomon enld that Mr Gallaway could not adduce evidence whioh had reference to'what had been said by prisoner. Mr Gallaway replied, stating that surely they did not intend to e'xoludo evidence after eliciting a statement which would tell against the prisoner. The two statements should be read with each other.

Mr Solomon said if the bench deoided to accept the statement they would open the way to a prisoner making a statement whioh he could afterwards deny, and which would be proved that he denied. The Bench decided to allow the question to be put ; and in answer to Mr Gallaway, Witness said that he met prisoner the day after the alleged attempted murder, and on that occasion prisoner questioned witness as to why he did not meet him the previous evening. To Mr Solomon : It would take pretty good walking to get to Barrett's house in nn hour and a-half . Witness passed the break in the Pine Hill road on the following morning, and noticed that the wheel marks ran aorott the bank and not along the road parallel to the edge. There were also marks on the road, as if a horse had attempt) d to save itself from going over the bank. It was a dangerous place, there being a drop of about 19ft.

David Donovan, bootmaker, residing in King street, deposed that he remembered being in King street on the night of the Ist March, and Beeing the accused there at about 20 minutes to 10 o'clock. Witness waa about 50yds on the town side of Duke »i reefc. The acauned was slightly under the influence of liquor. He soemed very quarrelsome, and came up to witnes3 and asked in an angry tone if he wanted him. Afcused was told "todo a pet," and he went away in the direction of the gardens. When he left witness it was within a fpw minutes of a quarter to 10 o'clock. Witness did not see him again that nighS. John M'Ara, farmer, residing at Fine Hill, deposed that he met William Woods at about halfpast 10 o'clook on the n'ght of March 1, and rode part of the way with him. He got on the dray about a mile below Marshall's gate, and got off about half a mile below the gate. It would take him about three minutes to go to his own homo from whern he met Woods. He got to his house at about 11 o'olook. He knew the place where the offence was aald to have been committed. It would fake from 15 to 20 minutes for Woods to reach that spot. When witness was with Woods he seemed quite sober. He remained with him for about half an hour. Woods had a steady horse, and there was sufficient light for him to see his way along the road. The road waa about half a chain wide. There waj light enough to recognise any ope pasting on

the road,~He recognised Woods. It would take close on an hour to walk from Duke street to where the accident took place. It was about a mile from whern the accident happened to Barrett's house. It would take about an hour and a half to walk from Duke street to Barrett'* house.

Dr Fooks, house surgeon at the hot pital, said that he saw Woods about 2 o'olook on Sunday, the 2nd. He made a general examination and found his head covered with dotted blood, and after his face and bead had been washed witness saw the individual cuts and bruises. There were 12 cuts and bruises about his head and face, but some of tbese were mere scratches. There was a heavy cut behind the right ear that mp.de ■witness a little anxious ; there was also a large bruise over bis left eye ; there was a cut over the left eye, the marks of a heavy blow on the left jaw, and several cufit on, the top of the head. Upon examining the heati of Woods, he noticed that the blood was oozing from his ears ; and as witness from this suspected that his injuries were very severe, he put him to bed. Witness thought that there was fraoture of the base of the skull, and this opinion was confirmed by Woods having facial paralysis three or four days after that. Witness also found out afterwards that the cheek bone had been fraotured. There were also bruises on the elbow, knee, and thigh. A severe fall would not be sufficient to account for the wounds ; the majority of the wounds could have been caused by a weapon similar to the one produced. The marks on the weapon seemed to be blood marks, but witness was not positive. In company with a friend witness visited the place on the Pine Hill road, and saw the horse lying dead and the dray lying upside down. Assuming that a man bad been beaten over the head with the paling produced, and had fallen under the dray. that was sufficient to account for the injuries Wood's injuries were of a serious nature, his lifo was in danger, and hit medical attendants were anxious once or twice.

To Mr Gallaway: All the woundi except two slight ones could have been caused by the weapon produced. The sharp edge of the cart coming into contact with Woods could have cauied the more serious of fhe wounds.

Prospcutor; a wood carter, said that on March 1 he left Dunedin for home at about half-past 9 in the evening. Witness was quite sober, and had only one liquor that day. After M'Ara loft wltnes he saw the prisoner with a coat on. He walked on in front of witness, and when he (witness.) came totbe corner of the road prisoner rose up out of the bush and struck him on the side of the face. Witness could see plainly who it was, although prisoner never spoke duriDg the time. Prisoner struck him several blows over the head and body, and witness put a bag over bis head to protect himself. Then prisoner struck the horse over the head, and the horse backed over the embankment. He did not have hold of the reins, but when he struck the hone the first time it backed towards the bank, and as prisoner struck the horse the second time the animal went over the bank. The cart was turned bottom upwards, and witness escaped by crawling from underneath the dray. He crawled to the Fine Hill Sohoolbouse, and lay there during the night, at he

was too weak to proceed further. There had been bad feeling between the prisoner and witneis, arid the former had threatened to " do " for him. '

To Mr Gallaway : His cart had gone over the road three times, but he was only drunk once. Once when he went over the bank he whs not driving, toe reins being held by a young man who was in the cart* >

II nry Duncan, residing at North-Eait Valley, said that he saw a dead horee and a oart lying on the bank below where the alleged assault had been committed. He noticed marks on the horse's head which had evidently been made by a weapon like thatproduoed, The fall was 36ft, roughly meaeurea. It was Impossible that the affair could have resulted from an accident- it was a wilful aot. It seemed it though the prisoner had purposely selected the place for the orime, - j Constable Walker said that an Sunday he visited the place where the hone and cart had gone over the Pine Hill road. Witness' evidence was corroborative of that given by others descriptive of the appearances of the road near where the hone and cart disappeared. For a mile on one side aud a ohnln or two on the other there were no places where the ca t could have been overturned. Mr Gallaway said that with the exception of the evidence of the prosecutor none of the witnesses had given evidence which would go far to say that there wasacase^to answer. If their Worships considered that in Woods' evidence there was sufficient to justify their Worships in committing Barrett for trial, of course then a prima facie case would have been esta' Ilished; but in learned, counsel's opinion there was not sufficient evidence to justify such a course. However, that would be left to tbe bench. j Mi Solomon : How can my learned friend undertake to throw any discredit on the evidence of Woods ? J Mr Gallaway: I wish my learned friend would keep his comments to himself ; he baa spoken for bis aide. t

The Bench, after a few moments' retirement, sa(d that in their opinion a prima facie case had bean established, and prisoner (who reserved his defenc^) was committed for trial. •

Regarding bail, Mr Solomon thought that the bench should fix a high sum, as prisoner had been committed for trial on a diabolical charge, and whfoh had by a luoky obanoe not been one 9* murder. I

Mr Qallaway spoke in favour of allowing prisoner out on ball which would not be prohibitive. He was a poor man, and oould not expect to obtain sureties for a high bail ; and it was sufficient if he guaranteed by certain bail that be would appear at th;e Supreme Court. That, he took it, was the reason for which bail was allowed ; and he admitted that It was of course left to the discretion of the magistrates. I

Mr Solomon : lam informed by Constable Walker, who has charge of the case, that the prisoner attempted to leave the colony. ' Mr Gallaway denied this. ' i

The Bench again retired, and upon resuming Intimated that they had decided to fix ball as follows :jPrlaoner in hit own recognisance of £100, and two sureties of £100 eaoh. >