SUPREME COURT.—Criminal Sittings.

Taranaki Herald, Volume XL, Issue 9207, 8 October 1891, Page 2

SUPREME COURT.— Criminal Sittings.

(Continued from column 7.) The Court resumed at 2 o'clock, when Mr Jellicoe cross-examined Constable Scully. Mr Jellicoo cross-examined the witness as to his depositions in the lower Court. His Honor said he would not allow witness to be cross-examined on his depositions until tho depositions were put in and road, when witness was in the box. Mr Jollicoo wanted to argue the point. His Honor : I'll not allow you or any counsel to bandy words with me, and I hope you will conduct yourself properly. Mr Jellicoe : I assure I am, Your Honor. Hia Honor hoped that Mr Jellicoe would bo kind onough not to ask witness übout his depositions until they were put in and read, according to custom. Witness, in answer to Mr Jellicoe, stated that he was requested to see Mr Govett a few days ago. His depositions were read over to him by Mr Govett. Mr Jellicoe here asked a question bearing on tho depositions. His Honor : Til not allow the question to be put unless the depositions are put in. Mr Jellicoe argued that he could ask questions on the depositions, and referred to Koscoe. His Honor remarked that it had been held over and over again that questions could not be asked on the depositions unless they wero put in and read. Mr Jellicoo referred to the rules bearing on the question. His Honor said that the rule established by authorities greater than he himself would ever be was that the depositions would have to be put in and read, before witness could be questioned on them. Further discussion ensued, and finally Mr Jellicoe dropped the line of questioning. Cross-examination continued : He was of opinion that prisoner was not undtr the influence of liquor as far as he could judge. In some cases he could judge whether a man was sober or whether he was drunk. He took up hia position on the right side of the door. Mr Jellicoe here questioned the witness as to the light in the back premises, and about Mr King, the manager, leaving the shop. Witness said that he never said Mr King left the shop. Mr Jellicoe said he was under the impression he did. Hia Honor : He never did bo. Mr Jellicoe : Well, we'll try to get along. His Honor : You must try to get along fairly then Mr Jellicoo : I assure you I am getting along fairly. U.ia Honor : I intend to protect any witness against attacks by counsel. Cro^s-examination : Witness assumed it was Mr King who left tho shop. Ptisoner was standing b&tween him and the steps at tho back of the shop. Harvoy, who drove the meat cart, had not returned then he presumed. When Barnard went in the uoor he altered" hia poßitien to a more convenient place. Barnard was in about 15 or 20 seconds, he should say. He then came out, and locked the door, but did not know what Barnard did with the key. Ho announced himself as Scully. Barnard gave a terrific yell, but he could not say if Barnard yelled because he announced himself as Scully. Barnard was the best judge of that. He presumed it was a meat hook that Barnard struck him with because it was natural to i infer so. He got a slight mark on his nose j from the instrument Barnard held in hia hand. He pressed Barnard. He took a step backward, when Barnard tried to get away. [At this stage witness showed counsel how be was struck with the kit by Barnard. Hia Honor at this point also took exception to some laughing in the Court, and added, " Thii U not a place where persons come for amusement, but a place for solemn trial. If 1 hear the noise again I will have the Court cleared, and bring any disoiderly persons before me, and I will lock them uross-examination continued : Barnard ww making avray when he struck him with the stick. When he captured Barnard the latter was cut on the head. He was not frightened, but he waa sorry for the man. He took Barnard to Mr Hall's (chemist shop), where Barnard's head was dressed. When at the lock-up Dr. Leatham was sent for at prisoner's request. He did not go to any person connected with the Taranaki Herald that evening. The subject was the talk of the town, and he was spoken to by several pc-sons about it. Ho did not give any information to a newspaper man to his Knowledge. Up did not give the material for the account that appeared in tho Tabanaki Herald headed " Capture of aMeat Stealer. Plucky conduct of Constable Scully." Ho did not give any account of his exploits, and was not responsible for that account in the HKRAr.D. He believed ho staggered tho prisoner, when lie struck him. - He did not know if it was a cowardly thing to strike a man when he was drunk ; some men require striking when they are drunk. [At this stage Mr Jellicoe put in the witness's depositions taken before the lower Court, which wore read by tho Registrar]. When tho koy was handed to him he was satisfied that it was that with which ho was struck, and he did not look for a meat hook. Walter King, shopman for Mr W. Bayly, stated he saw prisoner at a quarter to 6 o'clock on July 13 outside the shop Ho spoke to prisoner, who went towards the railway crossing The re ,t of witness's evidence was tho same aa he gave in the lower Court. True Bill.— Rcgina v. John Hunter, rape. (Proceeding as use went to Press.') Captain Edwin telegraphed at 1.12 p.m to-day : " North-east to north and west strong gale, with rain and heavy sea within 12 hours from now ; glass fall soon." Mr VV. J. Shaw reports having to-day aold to Mr W. Courtney, for £315, Mr G. E. Duncan's property at tho corner of Devon and Liardet-streets, formerly occupied by Oudlipp's boarding house.

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