RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 216, 29 May 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, R.M.) Monday, 28th March, 1866. Drunkenness and Disorderly Conduct. — John Comport, George Legget, Patrick Morissoy, William Gardner aud James M'Leeelan were severally fined ss, for being drunk and lfls for disorderly conduct, or in default 48 hours imprisonment with hard labour. Drunk and Incapable. -John Hadden, fined 5s or 24 hours imprisonment with hard labor. Larceny froai a Dwelling. — Thomas Clark was charged with this offence. Mr Inspector Broham called Samuel Hamilton who on being sworn stated that he was a miner, residing on Gibson's Quay. On the night of the 27th instant slept in a house at the north end of Revell-street. Previous to going to bed placed his waist- * coat under his head and hung his trousers and coat on the door of the bedroom. The waistcoat, a watch and chain, two one pound notes, a ring, and a little key with a ring attached. Between ten and eleven o'clock the witness was awoke by somebody coining into tho room, and asking him if ho had lost anything. Tho witness then searched for his waistcoat, and found that it had been taken away. On looking round saw his pocket-book lying on the floor,and all the papers that wero in it scattered about. On retiring to bed the witness left his pocket-book in his coat pocket. He found that the pockets of his coat had also been emptied, and amongst other things a gold drop and an Albert chain wero missing. There was a second pocket book in witness' coat, and that one he this morning found just outside the house. The witness identified the waistcoat produced,and valued the property stolen from him at Lls or Ll6. Cross-examined by Mr O'Louglin : Was sufficiently sober when he entered the house to know wha he was doing. The prisoner was then rrfce fc manded until the 29th inst., on the appli" ation of the police. Oil A ROB Or MANSLAUGHTER. Hugh William Bracken waa then brought up on a charge of manslaughter. The information laid by the police accused him of " that on the 22nd day of May instant, at Hokitika, he one Patrick Connell feloniously did kill and slay.' 1 Mr Oakes, retained by the mated of the deceased, appeared to prosecute. The prisoner waa defended by Mr James 11. O'Loughlin, Mr C. E. Button, and Mr W. L. Rees. The first witness examined was John Purcell, who Btated that he was miner, and had lately arrived from Okarita. On the morning of the 22nd instant, he was in Revell street at between one • and two o'clock, accompanied by William Donovan, Patrick Hourigan, and the deceased Patrick Connell. Donovan and deceased were walking in front of witness and Hourigan ; but shortly before arriving at the Queenstown Hotel the latter passed them. Witness heard them rap at the Queenstown Hotel, being then aboutywenty yards ahead of them. Ilourigan called to them to come on. As they did not do so, and hearing a row, witness and Hourigan returned to the Queenstown Hotel. Witness went in and saw prisoner with a gun in his hand, and another man, whom witness did not know, with a whip. The prisoner told the witness to clear out, and the second person struck him with a whip. Witness then went' to find a policeman, but did not meet one. On returning found the deceased lying on the footpath outside the Queenstown Hotel. Hourigan and the witness carried the deceased across the street, when a policeman came up. Prisoner came out of his hotel with a gun in his hand, and snapped off two caps. The deceased was then carried to the watchhouse. The witness attended at the inquest, and identified the body. Cross-examined by Mr O'Loughlin, counsel for the prisoner. — It was between 11 and 12 o'clock on the night of the 22nd when we first went to the Queenstown Hotel. We had had some drinks before wo went there. Witness was in both Munster and Dunedin hotels. Was not with the deceased all the afternoon and evening, but met him several times, and joined him last about ton minutes before going to the Queenstown Hotel. This, to the best of witness' belief, occurred at the Dunedin Hotel. Did not recollect being ordered away from the Otago Hotel by the police. Did not recollect the prisoner refusing to supply the deceased with liquor between 1 1 and 12 o'clock, but heard the prisoner order him out of his house, and finally put him out. Tho witness and his mates were then going home, but did not go } lost sight of deceased for an hour and a half, and met him again in the Dunedin Hotel. Did not hear the deceased say when put out of the Queenstown Hotel that he would return and pull it down. Witness was not drunk, but was fined next morning by the magistrate for being drunk and disorderly. When deceased again joined them, he and Hourigan wanted to get a drink, and walked down the street, Knocking at Beveral houses. Witness and Donovan took them awayj were a little ahead of them when passing the Queenstown Hotel. Mr Rees here got up to cross-examine the witness. Mr O'Loughlin remarked that Mr Rees' WWIUQt WOB utiOTQMoQItI, <IWI $$, Q4

he waa conducting the case, if Mr Rees had any questions to put to the witness, it was a courtesy to whioh he was entitled as senior barrister, that they should be put through him. Mr Rees, in justification of this unusual conduct, stated he had been requested by ;he prisoner to put the question. Mr Button, addressing the Bench, said that he had been retained for the defence, to advise with Mr O'Loughlin aa leading counsel ; but he was not disposed — considering that he (Mr Button) had been for some years called to the bar, and the junior counsel but just admitted— to play second fiddle to Mr Rees. The Magistrate declined to interfere, remarking that questions of precedency they would have to settle amongst themselves. [Mr Button at once left the Court ; and after the mid-day adjournment Mr O'Loughlin did not appear for tho prisoner.] Cross-examined by Mr Rees, for the prisoner.— The gun the prisoner held in nis hand seemed to bo whole. Patrick Hourigan being duly sworn, stated that he was a miner, at present living in Hokitika. About 1 o'clock on the morning of the 22nd witness, in company with Purcell, Donovan, and deceased, was walking in Revell street, When Connell and Donovan came to the Queenstown Hotel, they stopped and wanted to drink. They asked Purcell and the witness to join them. The witness declined, and went on, accompanied by Purcell. They heard them knock at the door, and then a noise. They returned, and went in by a side door which was open. Witness saw the deceased Connell lying inside the door leading from the passage to the bar. He also saw the prisoner and a man whom he docs not know inside the passage, standing one at each side of the door. Prisoner had a gun in his hand, the other person a whip. The prisoner ordered the witness out, and after a scuffle had occurred, the witness remained outside tho door. On going up to the door through which he had been turned out, he found the deceased lying outside it, and, assisted by Purcell, removed him to the opposite side of the street. A third person, whose name the witness believed to be Madden, came up, and they, assisted by a constable, removed the deceased to the lockup. Witness saw the deceased insensible the next day, and was also present at the inquest. Cross- examined by Mr. Rees for the prisoner. — Donovan was drunk, and witness and Purcell were trying to get him home. That was before meeting Connell. Witness cannot say why they were walking down the street when they were trying to get Donovan home, and they lived in the opposite direction. Witness saw Puree; I standing by the side door leading into the Queenstown Hotel. The deceased was lying at the passage door. If Purcell swears ho was lying at the bar door he swears falsely. Witness was at the Otago Hotel. He did not do any damage there ; but Donovan brdke somo lamps. Witness cannot say whether Donovan threw a glass at the landlord's head or not. John Freeman, being duly sworn, said he was waiter at the Queenstown Hotel, and was in and out of the bar on the night of the 22nd and morning of the 23rd inst. He attended the inquest at the Hospital on the 25th, and identified the body of Connell as that of one of the men who were drinking in the Queenstown Hotel on the night of the 22nd. He first saw deceased between twelve and one o'clock that morning in the bar of the Queenstown Hotel with another man. Prisoner was in his room. His brother vras behind the bar. A man named Sloan was alse in the bar, and had a drink with the men. They asked for more drink, which the prisoner's brother refused them. They said they would have more drink, aud had to be put out by force. The deceased returned in about an hour, accompanied by three or four men. The house was closed for the night. The prisoner, Mr Beattie, and the witness were in the bar. Witness heard a kicking at the bar door, and then at the side door. He heard the side door fly open, and footsteps in the house. He then went to call the billiard marker. The prisoner and Mr. Beattie followed the witness out of the bar. Prisoner's brother came out of his room. The witness then heard a scuffle in the passage, and saw Mr Beattie rush to the back door, but did uot see anything that was going on in the passage. Witness was away about three minutes to call the billiard marker. On returning, he saw two men going out of the side door. Prisoner then had a gun in his hand. Prisoner's brother called witness to assist in carrying the deceased into the street. The deceased was insensible ; but witness saw no marks of violence about him. The prisoner was sober. .Cross-examined by Mr Rees: When drink was refused to deceased and his mates, they threatened to pull the house down. When they came back a second time, witness called the billiard-marker, because he thought his life was in danger. The danger he apprehended was from the men who broke into the house. The witness heard the prisoner warning the men before they broke into the house ; he told them he would should shoot them. JgDavid Beattio, being duly sworn, said that he was a storekeeper, at present residing at the Queenstown Hotel. On the morning of the 22nd instant he was in the bar at about 2 o'clock ; the prisoner and the last witness were also there. Witness heard some persons at the bar door, and heard the prisoner tell them to leave, as the place was shut up. They threatened to pull the house down, and immediately after forced in the side door. A party of men entered by the door forced. The witness followed the prisoner out of the bar, and heard him order the men out ; the prisoner had a gun in his hand, and a scuffle ensued. The witness left, and as he was leaving heard the prisoner's brother going to the prisoner's assistance. The prisoner was, if anything, a little tho worse for liquor. Cross-examined by Mr Rees for the prisoner— The knocking at the door was very violent. The persons who knocked threatened to pull the house down. The witness went to the back because he considered bis lite in danger. He heard the prisoner caution the men not tojbreak into the house, and it was ofter that they broke in. The Court was then adjourned until eleven this day.

Stibrinu Times. — A political paperhanger says that a general election is always goor for trade. First there is no end of canvassing by the committee, and then comes {ho pangr-hanging by ths bHl•tiolww, • ■ •