WESTLAND SUPREME COURT.

West Coast Times, Issue 1137, 15 May 1869, Page 2

WESTLAND SUPREME COURT.

Friday, May 14, 1869. (Before His Honor Mr Justice Richmond.) rUTMINAIi SITTINUS. His Honor took his seat on the Bench at 10 o'clock. ASSAULT WTTII INTENT TO 1)0 OItIKVOUS HARM. t Peter M'ttrath and Patrick Morrisey were indicted for that they did on the 19th of March, 1869, at the Greenstone, assault and beat Francis Johnston with intent to inflict upon him grievous bodily harm. The prisoners pleaded Xot Guilty to the arraignment and were defended by Mr Maoa

Francis Johnston deposed that he re- , sided at the Greenstone. On the 19th of i March witness was in the township of ! Pounamu during the afternoon. A row j occurred in the place, between one and , two o'clock, and might have lasted till four i o'clock. Witness was in M'Grath's Hotel, [ something the worse of liquor, and was i singing the "Red. White, and Blue." ' Go* into a dispute with a man about the sous;, atul he and witness went ■ out to "fight. Witness said he did ; not want to fight. Told him it was no i use for him to fight, as he (witness) was ; too much of a man for him. We did fight. ' The man witness was fighting with was i taken awaj-, as he was rushed by some more Irishmen. Witness said he would j stick up for the Red, White, and Blue, ' when M'Grath came out and knocked wit- j ness down, and kicked him on the head. AVas insensible at the time, from being kicked about like a football by every one. ; Witness was tnken away then, and a jug i of water was thrown over him. On reco- i vering went towards home, and in doing fo was rushed by some Irishmen, between . M'Grath's, Morri*sey'fs and Cullen's ' houses. Was knocked down, and struck j on the head with stones. Morrissey kicked j him between the shoulders. Witnoss was < wounded on the head. Had two cuts there, and one on the back. Witness did not , \ again recollect anything until being i ■ broiiffht into his but, about seven ; I o'clock at night. Did not know how Ihe got there. He awoke at that ; ! tinie^ and found himself in the hut. I When jM'Grath struck him, and pnllcd the hair out of his head, witness was between . his place and the Young America Hotel. ; When he kicked witness witness was down 'on the ground. Conld not recollect, how 1 many men there were engaged beating him ,at that time. Witness was laid up three weeks at the Greenstone, and afterwards had to ji-o to the Hospital. Was not at present recovered, and would have to return I there when the trial was over. By Mr Rees— l did not go about insulting every Irishman that morning. Ido not recollect accusing all Irishmen of being assassins. Did not say that Prince Alfred was safe from them, Did not see any roes

there on the spree, and was not so myself, j I had been putting up some green stuff for M'Grath for a ball when I was beaten. I said, "Haul down the false colors." I meant the green flag with a harp on it. Did not say anything about the Trish ' being assassins before I was beaten. Mor- | rissey kicked me once. M'Grath struck me first. My memory is clearer now than when I gave information. I may have ' said that Morissey struck me two or three ! times with stone?. Ido not recollect any- j thing after Morissey beat me till seven ! o'clock. Ido not recollect washing myself. 1 recollect being washed, butlcannot swear ; by whom. After seven o'clock I came up to j town to get some porter, as I felt very i weak. I got the porter, and 1 had a j sheath knife with me. T always carry one, i but 1 did not have it duriug the day* time. ' L was rushed again in front of M'Grath's j place, but Father Larkin came to my j i rescue, and put me into a store. They ' [ cried out for ropes to hang me, some 150 ! ,of them. I got the most severe beatiug J in the daytime by M'Grath, Morrissey and I their friends. I was more kicked and hurt ! about the arms at niijht than about !f he head. I said nothing about what I j would do to Irishmen at night. I gave no ! more provocation than eallingout, "stick up j for the Red, White and Blue," and so I will | stick up for it. I cannot say how long the ' prisoners were beating and kicking inc. !It might have been one minute or ten. I J am certain that M'Grath tore my hair, and i kicked me whilst on the ground. Ido not j remember being taken to the hotel after ' the row at two o'clock, neither do J re- ; member how I got home. (Mr lice's read an extract from witness' deposition to show that he stated at the Magistrate's j Court that he walked home ) I His Honor remarked that thia was not | fair to read extracts. If the depo-ations were referred to they should be read altogether, as anj amount of transposition as I to times could otherwise be made. i Mr Rees iequested then that the whole I should be read, which was done. | When the Registrar commenced readiug, j Mr Harvey poured that the depositions j were not punctuated, and in one or two 1 places this might materially alter the sense 1 of the evidence. ; His Honor said that he quite agreed with Mr Harvey. The system of not punctuating depositions was a relic of old j bai'barism which he should like to see done i away with. He was clearly of opinion [ that at least the sentences should be sepaI rated. If there were any sentences of the ' kind referred to, however, Mr Harvey ! might point them out as the depositions were read. Cross-examination resumed — Morissey hit me with a stone, but I do not know ! whether he hit me whilst he held it in his I hand or threw it at me. The flag had a t harp on it, and that is what I referred to | the as false colors. j Mr Harvey pointed out some of the

! effects of the want of punctuation, which ! rendered the meaning different to what i ; was intended. i James Seagrave, a jeweller residing at | the Greenstone on the 9th of March, said [ —On that day I saw Johnston fighting ! within two doors of my place of business, i J cannot exactly say the time, but j ifc was in the afternoon between j ; two o'clock and five. There were a 1 great number of people about, looking on, some were looking on and some were , fighting. I know the prisoners ; they j were there. I saw M'Grath strike John- • ston, but I did not see him do anything I else. At this time Johnston was opposite I M'Gath's house, and very close to the ■■ i Bank of New Zealand. After he had struck Johnstone, the ring closed, and I ! could not see any more at that time. At '/the time M'Grath struck him, he was ■ standing up, but I cannot say whether it i knocked him down. I saw Johnston di- ' rectly after on the ground. M'Grath , came out of his own place to strike him. ; Johnston was fighting before M'Grath came out. I did net see Morrissey at that ■ time. Other people were kicking Johnston at that time. After M'Grath had' struck Johnston. M'Grath and others then ' dragged the man away that Johnston w.is originally fighting with. I advised Johnston to go away. He then went into an ! hotel kept by" Martin Ryan, with a man named Cusack. lie asked the latter to go , in and have a drink, and have no more fighting. When there, other persons ran into the bar and attacked Johnston, and beat him, tmt M'Grath and Morrissey i were not amongst them. Afterwards, ' when he got loose from these men. he i came out of Ryan's, lie said he Avould fight the best of them,— would fight half i a dozen of them. As soon as he said the i words, they were re;id} r to fight him, and a kind of ring was fot ined in the strtet. ! That fight did not last long, for Johnston ! was rushed, knocked down, and got very ' much kicked. 1 did not see Morrissey or < M'Grath there at, that time. After that, ! Johnston walked down, the streets without

any other clothing on but bis trousers and | boots ; naked from the waist. On reach- j ing Cullen's stor3, -where the first blow was struck that daj\ he called a female ', a d d w : and told her to take ' down the colors, for that the Duke of I Edinburgh was not shot yet lie also said | he could beat half a dozen Irishmen. He went on down the street some long distance, i ; By his Honor —There were no constables ; in the street. The camp is on the other \ side of the creek, and the water was so , high, that they could not get across. ' Examination resumed — After about, half an hour, Johnston came up the street again, and was then intoxicated. He was | roaring and baAvling. When he came to ' Cullen's again, another fight took place. I j think with the same man, Cusack, that had been fighting before. Johnston got knocked down again, the crowd closed in on him, and T saw a number of them kicking him. At that time I saw M'Grath there, and saw him pull a man away that was kicking Johnston, whilst the latter was lying on the' ground. ! did not see : Morrissey there at that time either. I ! think it was at that fight that I saw Father Larkin take Johnston, and cany him into an hotel. Johnston was after getting very severely beaten and knocked about. [ Seeing Johnston ?n bad I went into i Ryan'p, and when there, Johnston -fell ; down. It looked to me as if he had fainted. I got a glass of j water and j cured it down his throat and i over his head. 1 assisted another man to carry Johnston out of Ryan's premises through the back, and then got some water ' and washed him. He was cut about, and ! the hand was getting into the cuts. I left 1 him sitting on a box, went away, and did not go into the sheet any more. 1 was 1 no time absent from him till I saw him in ; the street shaping at them again. He said he would fight any man in that crowd, J fair, if he was allowed to do so. One man i said he would fight him fair, and stripped to do so. It was not Cusack. Auother man said it should be a fair fight. There was one man who seemed to take Johnston's I nnrt throughout, nnd be took off his shirt ,At the time, to fight too, A ring was

formed whilst this man was taking his shirt off, and he was shut out from it. In the meantime Johnston and tiie other men were fighting, and both fell at the same time, knocking each other down. A kicking match then took place, many of the people round kicking Johnston. I did not see M'Grath and Morrissey at the time, I sang out, " don't kill the man," when a man came up and col lard me by the coat, and asked me what I had to do with it. After this another fight took place, and Johnston fell right opposite Morrissey' s door, and I then saw Morrissey come out and kick Johnston. I did not see M'Grath at that time. I did not see him do more than kick him, but he let him have it about three times. Johnston was lying with his back to Morrissey. Johnston was lying five yards from anyone else, as he was just aftei being knocked down. I can- | not say that he kicked him as hard as he ' could, but they were not complimentary ! kicks. I saw Morrissey present at the first I engagement in the first fight with Cusack. | Morrissey kicked him in the ribs or back. After Morrissey had kicked Johnston, some persons took him away, I think, and T ; saw no more of him at that time. Johnston i was very severely cut, and was bleedI ing very*; profusely. I did not see him strike either of the U\ o prisoners Cross-examined by Mr Rees. — I saw 1 nearly all the rows that took place. When | I saw" M'Grath, strike Johnston first, the | latter was not very much injured. J, saw ; M'Grath near him twice. M'Grath took I two men away from Johnston, and I consider that separating them. When John- * ston first made his appearance at Cullen's ( T was about thirty yards distant, and he i was shaping like. I made a remark that Ihe would not go far. I did not hear him I say anything about Irishmen before the 1 fight. "l did afterwards. He said to Bella j Newton, " You w e, don't fly those I colors. I did not know what colors he i referred to When M'Grath struck Johnston he had been beaten before. After M'Grath had struck Johnston, he seemed ! to be trying to make peace. i Re-examined by Mr Harvey. — When j the riug closed M'Grath might have kicked ! Johnston, but I did not see him. | Thomas Riley said— l am a miner, resid- ! ing at the Greenstone. On the 19th of i March last fwas in the township. I know j Johnston, and saw him fighting with i Cusack on that day, near M'Grath's door. I Cullen's is a little lower down. M'Grath's is opposite to Ryan's. I know Morrissey and M'Grath, and saw both of them there soon after the fight commenced. Whilst Johnston was fightiug Cusack, the latter was ] not quite good enough for him, and M'Grath I interfered and took Cusack away. lie i (M'Grath) came out afterwards and struck Johnston who fell, and whilst on the ground he kicked him on the left side. At the same time that M'Grath was kicking him there were three or four kicking him, and if Father Larkin had not come over

they would have killed him. He would have been lynched that night — hung, but for Father Larkin. After M'Grath and the others had done kicking him, Father Larking carried him away to some tent. This would be about two o'clock. None other of the crowd interfered. At that I time I suppose there were about fifty i people present. I saw Morrissey kick him a short time afterwards. I saxr Johnston give no more provocation than call out the I red, white, and blue, and heard him call | Bella Xewton a w . T paw Morrissey j go across the street, and kick Johnston, j and at the same time he had a *-tone in his hand. I was ashamed to see publicans and shoemakers come out of their shops to kick him. There were plenty to kick him j without them. j Cross-examined by Mr Rees — The row < commenced about two o'clock. M'Grath j took Cusack away, and then came back and Btruek and kicked Johnston. The latter was not fighting with Cusaek at the time, but with other men. I do not know whether Johnston went into Ryan's with ! Cusack. I do not know how long after that I saw Morrissey kick him. It was 1 not long, however. I saw Morrissey get I up from his seat in his shop to kick the , man. At this time there were three or ■ four kicking him. I saw no man on top of ! him. I did not sec Morrissey strike him . either with his hand or a stone. Morrisi sey and M'Grath live next door to each , other. There were not many minutes be- \ tween the two kicking him. When ■ M'Grath kicked Johnston the latter was j on the broad of his back, and the kick was ias h:ird as he could g've. Johnston was t not kneeling when M'Grath came out. I ; only saw M'Gratb kick him once. | Mr Rees asked for the depositions taken before the Resident Magistrate to be read, in order to show that the witness had | varied in his evidence given then, but his i Honor remarked that the discrepancy was i very slight, and it was such as might easily j have been occasioned by an error in the depositions. Cross-examination resumed — I never

it was

owed. M'Grath a shilling, and he never claimed a shilling from me. James Matchett said — I am manager of an hotel at the Greenstone for Cheffing and Whitten. I saw Johnston fighting opposite M'Grath's house. I know the prisoners. I saw M'Grath strike Johnston with his fist. They were not fighting ; that was the only blow that I could see struck. There was a great crowd round. Before he struck Johnston he had taken Cusack away. Directly after this I saw Morrissey come out of his shop, nml kick Johnston several times. lie seemed to kick as hard as he could. He is a shoemaker, but I cannot say whether he has f.ny tips to his hoots. Several others were beating him, and he was picked up by Father Larkin. | He was bleeding in a great many places, and was very much knocked about at the time. No one but Father Larkin attempted to save Johnston. | < .'ro-s-examined by Mr Rees — I did not I see M'Grath kick" him. M'Grath told i Johnston to go away, or something to that , effect. | The Court then adjourned till two ! o'clock. '< Charle? Sarine deposed that he was a j barman, and resided ;it the Greenstone on , the 19th March. Witness knew a man , named Johnston, and say him on that day between the hours of two and three o'clock ; he was trying to separate two men , who were fighting. One of the men i assaulted Johnston, and afterwards two ! men did the same tb ng. He (Johnston) ; knocked them both down. A third man came and shaped at J^bnston, who knocked him clown. The threo men then closed on , Johnston, and a number of others mobbed him and brought him to the ground. ! Witness saw both of the prisoners there. M'Grath kicked Johnston. There were two or three kicks ;,iven. Witness saw ' M'Grath pull a mail off Johnston, and j say, " What's the u*c of abusing him any ' more, he might get hurt." Witness did not see Morrissey actively engaged in the assault on Johnston, but he was pressnt. I Witness asked some men to deliver JohnI ston ; one man shook Ins hand, iv my I face, arid said, "if -ny rn.au take*

Johnston's part I will hit him." , Witness saw Father Larkiu there, j He told the men to go away from John- I t-ton's, and said they woufd kill him if they carried on in that manner. Witness was barman at the George Hotel, about seventy yards off, but he left and came closer to the scene. By his Honor — I saw the number of kicks given to Johnston by M'Grath-— two in the first engagement, and three in the second. Johnston was in a weak state when taken away from the crowd by i Father Larkius. That was after the fourth engagement. He appeared to be very badly hurt. Saw Father Larkins tako ! Johnston to Ryan's, lie wa< ejected from there, and taken to « tent. Witness • got Johnston's face washed, and afterwards examined him, and found several bruises ! on hi? person. By Mr Rees — I did not know M'Grath ' previous to the afi'air. I knew the man again. T could have told all the men who . vherc kicking him if I had seen them be- ; fore. Ido know M'Grath, because I took . particular notice of him at the time. I " do not know tbe man who knocked John- , ston's head on tbe ground. I would have ' assisted Johnston had I bceu well. I could pick M'Grath out of <i million. ' Father Larkins carried a man from oft" Johnston. Only saw M'Grnth engaged ou the first occasion, On the , third engagement, Father Larkin and ' M'Grath were trying to save Johnston. I i kuew the man was named Johnston from hearing his name in the police office. I kuew him to be the man assaulted. I did - not see M'Grath strike Johnston, but saw ' him kick him, 1 saw M'Grath near J Johnston at the first engagement. A number of menVere shouting to give Johnston I fair play. M'Grath did not take a man j away from Johnston in the first two en- '

gagement--. Margaret Heming deposed that she was barmaid at the Commercial Hotel. Greenstone. Saw Johnston on the 19th March opposite M'Grath's Hotel. Witness knew the prisoners. Saw M'Grath come out of the hotel and kick Johnston, who was lying on the ground, once opposite his own place, and again opposite illiauis's place. It was between two and three o'clock. Witness saw Morrissey kick Johnston on the ground most severely. He had a stone in each hand. There were others abusing Johnston, but prisoners were the only two witness knew. Only saw Morrissey kick Johnston on one occasion. Saw Father Lirkin there : be took Johnston away from tbe mob. Witness believed the man would have been killed, but for Father Larkin. Johnston was bleeding frightfully about the head and nose. Did not see anyone try to protect Johnston but Father Larkin. By Mr Rees — I cannot say on what part of the body M'Grath kicked Johnston. There were not many people about nt that time. Father Larkin took Johnston ay/ay after M'Grath had kicked him Morrissey afterwards kicked him. I saw Johnston knocked down in the crowd. 1 did not see M'Grath try to keep the people oft' Johnston. I don't know what commenced the row. \ Helen Campbell deposed that she was living at Greymouth at present. On the 19th March was living at the Greenstone. Witness Johnston between two and three o'clock in the afternoon on that day. Witness knew the prisoners. Johnston was fighting that, afternoon. Saw the prisoner M'Grath so (.utside his house and

strike Johnston, and kick him when down. Saw Morrissey go out and strike, and also- kick Johnston. Tbe kicks were given with violence. Morrissey had a stnne in his hand. Ile kicked Johnston in the back. j\lorrisF€.y came from his own bouse. "Witness saw others kicking Johnston, but did not recognise them. Snvr Morrit>sey pick up the stone from the street, at the time ho came out. Saw Father harkin there. He was saving Johnston as well as he could. Johnston appear* d very much cut and hurt about the face and arm*.

By Mr llees— l ?aw Johnston fighting with a man before M'Grath came up. • M'Grath shnped at Johnston, and hit bim in the face. Johnston shnped al*o. He fell soon after. I did not see MC rath enny the man nvny that Johnston was fighting with. I aaw M'Grath kick Johnston om.c only. j\lorris»ey came out after M'iJnith. He struck Johnston when he miis standing up. I don't know if he had the stone in iiis hand then. Saw Father Lai kin take Johnston away several tine*. Saw him taken away about kalf an hour after the prisoner:, had kicked him. Johnston was knocked down several times. Only a^hort space of time took place between the time of M'OJrarh's striking and Morrissey doing the same thing. Did not see any one but Father Lkrkin take Johnston out of the crowd. I was at M'Grath's house a few days before the trial came on i did not ' say that I would made M'Grath suffer for it. I did not speak about it at all. Dr Evison, who had attended Johnston after his injuries, did not appear : but the Crown Prosecutor read a letter from him, in which he stated that be was unable to attend, owing to a serious accident having ; occurred at the Granstune, whereby one man was killed and »noth( r very seriously injured. He was the only medicfil man in the place, and it was unsafe to leave the man that was hurt. He trusted, therefore, that the presiding Judge would excuse his absence, and not construe it into any inten- . tional disrespect Mr Harvey applied that, under these circumstances, the depositions should be read ; but his Honor would not allow this, and the evidence dispensed with. Dr Ryley proved that the prosecutor was* admitted to the Hokitika Hospital on the 9th of April. Witness examined him and found he was suffering s< verely from pains in various parts of his body. He did not complain of any bead symptoms, mid the pains he comrlained of were the result of muscular ecchymosis. If he had been subjected to severe beating and kicking twentytwo days before, he would have exactly tbe same symptoms. He was not sufficiently recovered to be discharged. There

were no symptoms of interim! injury; but it would be three weeks yet bcfb'C the ! prosecutor would be fit to leave the Jlos- • pita]. Johnston, recalled by his Honor, said ■ that he parsed blood for sonic doys after i be was beaten. Mr Recp paid that the defence in this j ease would be that a number of men, the worse for iiquor, who had been keeping up St. Patrick's day, had not returned to -work. Johnston had made u?e of very insulting expressions, and bad been cet upon and beaten ; but that the prisoners bad no participation in the act, and were entirely guilfJeps. either in the initiation or of the commis-sion of the ottence with which they were charged. Charles Christopher Cullen said — I aw a draper, residing at the Greenstone, f remember St. Patrick's Day, and also tbe following Friday, tbe )9th. There were several r:en in town on tbat day who bad con-e in to keep St. Patrick's f)ny. Tbe fiu-t time I saw Johnston be was squaring at two diggers, and that tb^re ww likely Jo

i be a collision. About a quarter of an hour ] ! afterwaids, Johnston and cue of them ! I were fighting, and M'Grath came nut at ! the time. He pushed both of them asunder, | and took away Cusack. Ido not know j what Johnston did at the time, but peace I was made. £ saw Johnston again fol- j lowing Cusack, and subsequently they com- i nienccd to fight again. Cusack's mate came ! to Ids assistance, and they knocked ' Johnst n down. He got up, and ' knocked Cnsack down several times. I , i went up and endeavored to take Cusack , away, and told Johnston to go away. He refused to do so, and cried out to te»:r , ! the green flag, and hoist the red, ■ white and blue. Father Lukin took him ' ' away on that occasion. I saw Johnston being kicked, but M'Grath was not present '■ at the time. I heard liim tell Johnston to go away. I saw- Morissey in the crowd, 1 nnd saw him on one occasion bring away i Cusack. Ido not remember seei g Johnston j ! in company with Morissey. I heard Mr-ri-scy i tell him to get away or he would be killed. , I do not think M'Grath could have kicked ! Johnston without mv seeing it. I re- I member Mori^ey askmg some oue to give ' him a rope to tic up Cusack. Cross-examined by Mr Kccs —I heard no '■ one calling out fir a rope to hang John-! ston. I did not see M'Grath go back after taking Cu?ack a -a ay. I saw one or ,two kick Johnston. John Olnno s;iid he wa> Jiving at the ] Greenstone on the liHh March, lie saw 1 the disturbance, but did not see M'Grath from the time he took Cuack in till the termination of the h'r.«t raw. Witness sjiuJohnston fighting a fair light about twenty-five minutes afterwards, lie en- | dpavored to prevent interference, but the crowd tliicki ned. and Johnston got knocked ; down and kicked. He never saw i M'Grath interfere alter taking (,'iiea-:k

: away in the fir.st row, and he j j could not have been in it without ] ' his seeing him. Witness saw .Mor.issey in } ! the crowd during the first row, and* he ] ' gave Johnston a kick, sa\ing. "Get up you j scoundrel, or else you will be killed."' { ' Johnston was not hurt in the first row, for , ■ iv the second he could use his hands and J j 1 nibs like an actor, Johnston was n:o«* I badly used at nigh: time, though the time iof heating him was much shorter. F saw j | Johnston bleed slightly in the «ecoud fig'it j ! before the drunken men rtwhed in. ' Cross-examined by Mr Harvey — I am a ! ; remarkably peaceable man. The police I ! could have crossed ;he creek it they liked ' • that day. I did not see M'Orath kick ; ! Johnston. I did ?t>e Morrissey kick him. ! ] but only once. 1 saw others kick him. I • ' cannot say whether he would have ! eon i I killed if Father Larkin had not taken him j i away. Morris-ey and M'Grath could not ; j have done the injury themselves. • j Joseph Smithson swore that M'CJrath | j tried to make peace, and prevented some i from kicking him when down. M'Grath ; parted Cusack and Johnston sparred i up to him, aud M'Grath then struck j him. M'Grath brought Cu^ack into j the liar. M'Grath went out again • , when Cusack went out, but witness would ! . svAar that he never kicked Johnston. ■ I Morrissey kicked him to make him get up ' , and go away, In the third row M'Grath ' ' pulled a lot of men oft' Johnston, and kept i i them off; at the same time telling Johu- ' ston to go away or he would be killed. ; M'Grath did not kick him then. "Witness ' never saw MomVey strike Johnston at . al". He heard Johnston call them Irish , pigs and asMissins. Father Larkin took

, Johnston awsn two or three tinits. ! : Gross-examined by Harvey — I saw ' all that passed, and swear that .M'Grath ' ■ could not have kicked Johnston without my seeing it, There •were fifteen or ?ix- i teen persons standing muni!. • ■\V. J. Staite said all he saw ]\I'G-ath do j wa« to tako Ousack from .Johnston, when , tho latter shaped at him. and be (Al'Gra'h) {■truck him. ! Robert Gamble proved that Moi rissey had thrown a stone over Johnston when the Utter was down, and gave him a kick, tell-

ing him to go home, as far as ho could make out. He raw no other kicks- or. the part of cither prisoner. Mar) in Kvan gave simil r evidence, and saw no one kick Johnston at all. Daniel Leneban and James Augustine were also examined. Mr Rees then nddrosed the jury for the fit-fence, asking them to give all the wit. nesses om both sides equal credence, and weigh their testimony well. Ik-fore going further, he drew attention to the fact of the manner iv which Irishman had been challenged by the Crown when- • ever an Irishman was placed in the dock, either at this or ou previous Courts, lie commented .->t some length, and very strongly on this subject, concluding by say- , ing that he felt a-sured. notwithstanding | this, that, his clients would meet with justice j at their hands. He dissected the evidence in a most abb manner in order tn show that ; the prisoners, so far from attempting to ' injure the prosecutor, had actually rescued him from violence, and had interposed be- ' tween him and those who were assaulting i him. and he left the casr in the hands of the ' jury with the most perfect ( onfidence. His Honor asked the Crown Pro-ecu tor. ' before the latter : enlied. whether ho thought > there was any evidence to bring home the charge of fe'ony to M'G-nth. intimating i that he had been looking through the evideuee, and hardly thought it did. ' i The Crown Prosecutor thought thiit if ' the evidence did not justify the jury in find ing M'ftrnth guilty of felony they might find him guilty of assault. His Honor decided that the c was no cvi- ' denee of illegally wounding avainst M'Ornth. The case as felony again u t M'O»rnth could not. he thought, be sustained. The ca-=e wns fWeront n.»»in t Morrassey, who attacked the man later in , the day. lie was doubtful if there was evidence of wounding in either case, and as • against M'Ora'h he would sug'/est to tbe Crown Prosecutor to withdraw the cas . t The Crown Prosecutor said he won'd withdraw the efi?e agninst M'Orath, who , -was ordered to leave the dock, hut not the I Court.

Mr Harvey then addressed the jury on the cadence against Morrissev, and said he thought the character of the Crown evidence, and tl«e charae'er of the evidence for the defence, could be easily sifted by I them. The otber side had brought no evidence in the negative further (ban one | -witness, who said he did not see Monissey • kick Johnston. There was a great distinction between the e« Hence. The evidence ' for the Croun speaks directly that prisoner I kicked Johnston ; every witness said so ; 1 «nd, on the other hanr],' only one m»n had I said be did not see him doing it. If they . came to the conclusion tbat prisoner had i bern aiding and acting in the attack on Johnston, they" must find , prisoner guilty. A brutal assault ' bad been eonimitM, and the question is,— if the prLvmer'd d not do it, who did ? ' He. however, felt certain that the jury 1 would find that the prisoner did it. The ! learned gentleman then pointed out and | commented on the salient points nf the jei idence for the C.if.wu. He did not ?.re I why, |f a. ha|f tjruuHen man touted, oitf

"down with the green, and up with the reel white :m<l bluu." that he should Ire murderously assaulted. Nine or tenv.itne«ses had laid that the man would have been murdered lad he not been taken away by Father Larkim lie did not challenge the jury becAf.se the men were Irishmen : it was "from :i tota'ly diftc: en treason | tliat l>o had d')!ie so lie would ienvo the , matter in their hands 1 , feeling certain that ; from ihe straightforward cv deiuv adduced I tb:u they could do nothing d-e than find a '; ye diet agaiu*t the pi tamer, i His Ilouor .said ftuitk-ini-n of the Jury — The evidence in this cii^e certainly put it biyond a doubt that the to»-.n w:«s in smH"-'- j graceful •'tnte, and it was :» di?-gi«ee Hik-h i rcfle ted upon all the dinner, and was most J discreditable. There w:i- no ni.iii v.ho, in I the absence of the com-tabU-h, but could • have taken such measures as Ihe cate le- \ t|tiircd. Such an nfluir would. h;»\e occurred , in very few communities- iv this island, j Had it taken place even in a Maori pah. j the Maoris would have known how to deal J with such a matter. .Johnston certainly i cau.-:ed a great amount of in it.-.tion in the minds of «>j;ic persons ; that was the J beginning of she matter; but any one of lie.- Majesty's subjects, with due regard to physical powers, could stop an attray of 1 this kind by putting it out of the power of . the oftendinir person to lvncw his conduct, j ! by binding him up, and keeping him iv an j outhouse until an opportunity occurred of- ■ handing him to a peace officer, lie deeply j ( regretted the occurrence, and folt that ! ! every one must feel as«hained of if, the , Greenstone people more particularly. lie! < -would refer to an ob-ervation he made re- ; ; cently on the matter of putting down row- j ' dyism. That v.<is, however. no reason j why prisoner at the bar should he i 1 reflected upon unless there were sue!) ; clear proof's as required .by Elijah • law. They -were not to :»!low the feeling that "some body should b- well punished to cause them to relax their vigi- ! lance in bringiu* ihe case hone to a pasli- j ■ clar person under trhl. because somebody j must be blamed. He thought the indict- . ment had not 1-een hid too high. If the . guilt of one of that crowd could hi- b- ought | home to him, it was with a felonious in- J tent. It was ditFerent whe.. an afl'ray j took place wherejj it was man to man. , Those men who are in the habit of taking | part iv affairs of thi< kiid, and rush to ■ them by dozens, should beware of th« con- . sequences, iiy their force tin ir responsi- | I hility was great — they were all responsible. '■ ' It was more dangerous than in a fair single j combat, where men join othcis in such an . aftair. They ran the risk of contributing j to the man's death, and mi^ht have to pny . the highest penalty of the Inw. There -j ■ was this distinction m M'rtrath'H ense, that. ; the evidence showed he only took part iv ; tbe matter at the commencement, when it , was only a common light. Perhaps he | might have gone beyond fair play, but his was not an aggravate! assault, and would ' not amount to the graver chnr.ro made in the indictaunt. there wis not «?o much ri^k to life- then as after waids, and the law would not convici. ou the evidence. It v.ould be for them (the pry) to consider if prisoner formed part of that brut;;] crowd that kiclod the man like a fbot-h,iH in the street. H> would i of touch further on the prosecution than saunc: tbnt be quite agreed with the observations which had fallen from Mr Harvey. They should have tied the man until ne came to himsilf, and he- was s>nr-' ', prsed they had not the good s»ense and . humanity to do so. The question >s, was . ptiwiuer a pnit of t l-.i--» brutal mob. If e , dk\, iM ajjptjfav to.liav^ beeu mtseul at the

time, hut to have run from his shop to ! his street from time to time. Wis Honor j then read portions of the evidence, and • connnentedon them, which having finished, j he said the jury would not want fiuther ' direction to apyly the law to the facts. If, they thought prisoner kicked Johnston in the manner described, there way evidence to convict him of the charge, for contus ons . which laid the man up mr several weeks, he c insidercd to be grievous bodily harm. , The Uvown Iv.ul been dcpvivwl of some evidence on that point by the absence of ' th ■ doctor who saw the man first. Dr li)ky had stated there was internal bodily injury by the passing of blood. More kicking, in .i single combat, would not !v fe onions assault, but substantially taking part m Mich an attack us this would be. Mi" 1 lees — Your Honor, the pacing of blood might have been caused ov an attack after seven o'clock. His Honor said unlisf the in j try could be proved to have taken place by other imans. he was not of that •■pinion 'Ihe' ours of | ri.ving that lay with the:ti. The jury the i ri tired to consider t! eir verdict. At ten o'clock his Honor came into ■ court, and sent for the jury. He sr.id be had sent for them about any difficulty that might have arisen, lie had 1.0 intention of prying into the secrets of the jury- room, but sometime- juries disagree- i upon a , matter of iaw, and if su.-h wa- the case in ths present instance, he would bj glad to help. The foreman said the matter of dif- , liculty was the finding for a felm.ious inteir. His: Honor having again cxi lamed to (hem the law ou tl.e case, dis-.nk-cd them to their room with an intiinat'on that he would waic fora verdict til! twelve o'clock, liefore they left the court, he would, however, direct them to find a verdi. t of Not Guilty as against M'^rath A \erdict ■ f Not Guilty was accordingly i entered, and the prisoner was discharged j He wiil not be proceeded against on the sec ml indictment — i'ir riot. ' ! At midnight, his 110 tor resume hi.-, seat ou the bench. The foreman bein^ wnt for, was *>sked if it verdict had been arrived at. As- they had not then decided on their verdict, and ou the foreman saying there was no likelihood of such, his Iln.or dincted they | should be 1 icked up for the night. ■ The Court was then adjourned until 9 , o'clock o-morrow (thi*, morning). j