SUPREME COURT, HOKITIKA.

West Coast Times, Issue 3891, 27 September 1881, Page 2

SUPREME COURT, HOKITIKA.

CRIMINAL JURISDICTION. (Before His Honor Mr Justice Richmond.) Monday, 26. Hia Aonor took liis seat oa the Benc'3 at ten a.m. THE GRAND JUET. The following persons were sworn in on the Grand Jury :— J. S Lang, J. D 0 Hathaway, J Lange, A. Apple, W* Kenny, J Thompson, W. L. Fo*vl r, W Duncan, W. C. J. Kortesasr, H. L. Michel, J. Nicholson, Andrew Cummin^ T Cooke, W- Eisfgate, P. L. Diguan, J. Pearson, W. Smitd. O. Linnernunu, F. J. Baiker, T. Pateraon, E. Blake, C. Malfroy, S. Pizzey. Mr Digaan was chosen forenimHenry Lie Eobinson was called but did not appear. liis Honor addressing the Gfraad Jury said the present calendar was au unique one. It containei only a single case, unfortunately a charge of unusual gravity, a charge of murder. The district was to be congratulated on the ab-ence of crime some few C3ses had been cleared away by the District Court, but the re- . markable absence of crime spoke a greaf deil for the settled l sober, ami industrious nature of the population. Tlie crirnt! of murder might happen anywhere in any community. It appeared to be a crime not committed by a person belonging to that unhappy class, the criminal class. It was a crime arising out of a a passion deeper than the law of land could suppress. If the charge made by the Crowu were sustautiated it would be a crime of passion. By a verdicr of a coroners-j ury a charge of wilful murder had been found against the accussed. He mijhfc have been arraigned on that inquisition but it v»a3 cust >raary to prefer an indictment to the Grand Jury. The charge was already found ngamst prisoner. But the jury must begin de novo independent of what had been done before. His Honor then said he would digress a little from the usual ractice, and proceeded to su geac to the jury, in order to pave public time, the order iv which fhey should call the witnesses before them. Of course the jury would take no facts from him. On one matter he uught to speak, although that was a fact in the case. There were some groun is for supposing that tha wife of the prismer had committed a ulrery vith the victm, and also for believing that the pri«oner suspected this. The law was this: A man wa-* j siified ia killing bi3 wife or her paramour it he discovered them in ihe act of adultery, and when he "0 discovered them. Bur beyond that human passion was not indulged by the law. A man was not justified in killing another deliberately. That was murder If dune at the moment when the blooi was hot, if an adulterer was slain in the act, it would be mans'aughter. But even if a man knew the fact that adultery had been committed by his wife, he was not allowed to plan the death of any man. After an absence of three-quarters of an hour, the Grand Jury returned to Court with a true bill against M'Gahey for murdei, and were then discharged from further attendance with the thanks of the Court, COMMON JURY. The Common Jury were then sworn in, the only defaulters being JRobert Ferguson, and M'Lean Watt Jack. THE REEF TON MURDER CASE. David Charles M'Gahey was indicted for having on the 16th April hst, murdered John Bell. The prisoner pleaded not guilty. Mr South prosecuted, and Mr Guinnes3 appeared for the defence. The following jury was etnpannelled :— W. Clougb, James Robertson, J.Moran, P. Kenny, John Smith, 0. M*Landei\ J. Hattock, James Robertson, D. Fitzgerald, J. Meares, James Cass, and Henry Jackson. Mr Fitzgerald wag chosen foreman. The prisoner's counsel challenged A. O'Loughlin, J. Ross, R. M'Kenzie, "W. Anton, L. Raphael, and A. Cameron, The Crown challenged J. Clarke, P, Eisfelder, and M, Bouse. '

By request of Mr Guinness, all witnesses were ordered to leave the Ojihrt. Mr South addressed the j dry, narrating briefly the (acts df tib£ .case jEbr the prosecution. He' called tub Following evidence:— . , J. A. Monigoinerie, district surveyor, living at Reefton, said— l produce a plan ot the site of the late . John Bell's, house, cowshed, aud the surrounding paddocks. (Tne witness pointed out to the jury the positioas of the house, cowshed, the fences, yard, calf|)eu, and scub.) The nearea bush to Bell's cowshed is about 20 feet; the back of a person fitting in that cowshed would be towards the road. The distince from Gallagher's to Bell's is ab ut four miles; Gallagher's is a store at (he junction of Boa'min's and the Westport road ; Boatman's road turns to the right goiag up to Ciplestoa, from which there is a track to Reefton. It is practicable I believe for a person to pass from Inangabua to the Little Gray without passing through Beefton. By Mr Guinness : I have been four years at Reefton, but I never knew anyone to go that track. On each side of the msfa> on the road between Reefton and Westporfe there is some clearing where my plan shows white ; thera U scrub where I have shown it ; the scrub is about eight or ten feet hijjh. Bell's house ia on the highest point of the ground in the neighborhood ; Bell's yard is enclosed by a three rail fence. There was mud in the cow yard but there was grass, I think, close to the fence ; it is a very small yard. The fence behind the cowshed is eighteen feet long ; the teuce left a narrow space between ifc and the building. The .side of the cowshed towarJs the road is open; with the exception of three fee", the «hed wai also open on the southern side. Andrew Cereieto said— l knew deceased John Bell. He was a farmer living on the north side oF Inrry's Civek. I saw the body of deceased at Reefton one day in April last ; I think It was Monday the \ 18 h; that was at the Coroner's inquest ; I identified the body then as that of John BJI. I last siw Bell alive on the 16 .h April, near his house on Lirry's Greek ; that was between 10 and 11 in the morning. His ho lee is tea miles from Reefton. Bell came to speak to me; I wai in ray i rap. A nun named Sandy M"iowell was with me ; I spoke to B 11 on business ; we met a man c.ro-smg Laro's Creek on uorseb'ck nam d Lee ier. iVlra M Gribey vas on i he same horse; this was befjre I got to Bell's; I sopped about a quarter of an hour at Bell's; I ieft Saidy itf'D >well at Hell's; I eitne bick to Bell% ftt.ou two pm. I did no" see Bell ; I ►aw the door of the house open ; I called lie 1 twice, and cooeyed but I got do answer; I went to the cow-lud whijh i^ across the roa r l to get some skins. I -aw a cow on the bail, the sime cow which 1 saw on the bail wh-'n I pas ed ia the morning ; I weut further in the -hed md met Bell there, dead. He wis lying on his side ; I saw he was all sinis ed on the back of his head. I went away directly, jumned m my cart and drove away to wards Reefton. The first man I saw vv is named Bennett ; he was in a houaa and 1 called to him to come. Tuis was between L\ ou's a d Ga'lagher's ; going from Larry's Creek to Iteeiton you come to Lyon'a before Bmtman'-'. I not to Boaraau's; there were three men working at pro eclion works there; ; I told them to go down ta Larry's C eek and that Johnny ' Ball was dead I went to GOlagher's and I said the same there; I then went home ' to Reefton Albert Bennett said— ln April la«t I i was on the survey staff at Reefton ; I remember Friday, 15th April ; I saw the I prisoner on that day outside Gallagher':store between 12 aud 1 p.m. ; I had a r drink with M'GJahey ; the storeman found , a letter for me and two for Bell ; I then left for my camp ; prisoner followed me about 100 yards ; he asked me where I | was camped ; I told hira this side of p Charlie Lyons, on the Reefton Bide of i Boatman's Creek ; prisoner began to talk to me about his wife's affairs ; I said I . did not want to know anything about them; he asked me then to do hira a favor ; he said "if anybody asks you if [ yju have seen me say no"; I said I [ would not say auything ; I told him he had better not come any further, if he did I not want to be seen, as Silcocka lived on the other side of the creek; prisoner left p me and returned towaids Gallagher's store. Ho waa dressed in a light suit of i clothes, and bad on a clean white collar ; he looked pale, and a little excited. On ? the following day the 16th, I heard the I report of a gun between ten and eleven I a.m.; I was about three quarters of a , mile from Bell's place ; I was clearing a line with another man. Between two and ] ttreeh r ee that afternoon, a man named Fred came to the hut where I was camped ; I went with him and my mate to Bell's place ; we got there between three and four ; I went in the cowshed ; there was a cow briiled up ; there was a stool capsized a"d a milk bucket with a little milk in it. The ground in the shed was muddy ; there was a mark of a man's head with blood in it ; there was a trail a 9 if something had been dragged from the shed into the ' ca'fpen ; there was blood on a slab , near the door of the calfpen ; I opened the door of (he calfpen and saw the body of John Bill lying on the left side, with both hands clenched ; there was a deep wmnd at the back of the head, and another under the right ear ; I riid not move the body, but I covered it with a sheet ; Peaniall, my mate, was with me most of the time. 1 was crossing Larry's Creek to go Lack again, when I met Constable O'Brien ; I returned to Bel '8 with the constable ; I showed him where the body was, and just alongside the print ot the man's head we found a piece of a gun (produced). There were some pie3es of paper in the print mark which were picked up by Constable O'Brien. Tlie witness was cross- examined at considerable length by Mr Guinness, but nothing was elici ed of any importance beyond that which was disclosed in the exnmimtion in chief To Mr Saufch — There is acrub on both Bides of the road. A man cou'd easily conceal hinrelf in the scrub, and could get close up to the cowyard. Constable O'Brien said— l remember Saturday, 18th Aprih I left Reefton about two pm. that day. I went out on that day to look for prisoner; I saw Gallagher's storeman ; I went in the direction of Boatman's off the the main road. I was overtaken by some one, and then I returned back a»ain to Gallagher's and Wv-Et to Lwry's Creek ; I met three men near the creek, Albert Bennett, the last witne^?, Thomas Penniall and Frederick Adams ; I went to the cowshed, which ig on the opposite side of the road to the house. I found the body of Bell on the left side, with a cut on the back of the head and under the right ear, (witness corroborated the evidence given by Bennett as to the position of Bell's body and certain articles in tbe sheS.) I picked up the piece of gun produced in the cowshed ;

I picked up the Httie piece's of paper pro. 'xHI i i i the i°fli id A t afc fcne time I picked (new up, I tUbugHt they had been tiled 4s VaUdiite ; ttt|rb ftM no appearance of thieves Jiavihg^beeh' Itt Bell's house. ' Thi§ witness tfaj' ilibjicted to a long cross-examination, but nothing of importance was tlecited. beyond the statement that a man named Smart visited Bell's house while witness wa| there, who, when he heard what had occurrel, said- he knew something of tb^ dbrfc woiild take place. When the body \b'M removed, Smart was afraid to go back to his own pliice. Alexander Hamilton King, sfcdrefn'a'n at Gallagher's, said— l knetf tlie deceased Bell. I know the prisoner; he cama to my store on Friday, the 15th April last ; he came in the morning aad remained there all that day arid night. He had a gun with him; it was a single barrel ; he had a swag, a shot belt aud pouch. At about eleven o'clock at nLjht he said he was going to Boitman's, this was about f jur miles up the road; Idissuided him from going, I advised him to stop their all night ; he was not sober enough to go along the tracls ab that time; he came inside, and I took him up stairs to bed. Prisoner had previously told me his gun was loaded ; I got a man to discharge it ; prisoner was excited a little wheu he werJ to bed ; he said he had been accuied of an action he had not been guilry of. He said «' by God, King, I'll have revenge." I said, " tlie sweetest revenge would be to keep far apart." We had often had, on form r occjaions, conversations about the affair between Bell and Mrs M'G-ihey. I uiderstood, and believe ha meant, he w uld have revenge on Mm M'Gahey aad Bell. I think he knew what he was sfcayiug. I siw priioner next morning auout sis o'clock; hs had hia swag, his guv, anJ his shot belt ; he bought half a pound of powder the day before. I saw him go towards Capleston ; he was dress.-d iv a light tweed suit anJ grey cap. The stock of his Kun was well used and of a light color ; I saw his ramrod ; it was made Dy an aimteur, of hard wood cut out of the bush ; the ramrod produced resembles the one prisoner had, very much Witness wa3 croa?-exa mined at length or prisoner's council. He said he had xnown the prisoner about teu years, tie uouid not say anything against the prisoner. Jatne* M* Samara, living at the New banding, sud— La April last I lived at c n fiat within four or five miles of lleeltou. I lemetnbsr the 14th April I last; I met prisjuer between 12 noon and L (j.cn. betwe-n Gallagho 's and Pern Flat ; prisoner was going towa ds <-J a llaguer's. I knew the deceased John Bell. At the (ime mentioned he talked to me of jrevances. between himself, his wife and Bell; I kuew nil wife was at rieaftoi seekiag protection; be a^ed if his wife had Btipp<J'l at Brozr's; I told him she went 0 lie Ts the same niih r ; prisoner said he Knew tne police were af'er him andhs was going outot the way till things had coaled, Next miming I saw prisoner at Gallag ier's store about ei^ht o'clock ; I advised nim to keep out of the way, and not to go near Ball's place. He said " all right ; they have their day and I'll have mine. Ev^ry dog wll hive his day, and [ will ba even with Bell." On the 14th MGahey was carrying a single barrel gun and shot belt. By Mr G-uinness: I told prisoner that, his wife had a warrant out against him ; [ remember the deceised Bell, being arres?ed oa a charge of larceny of property of prisoner's I was at Reefton when the ca-o was hea r d; I believe Smart gave evidence that prisoner had given the aricles to Bell. Bell was acquitted. Bell ani the prisoner were on frienTHy terms for years until some little time before Bell's death. Francis M'Lean, a miner, living at Reefton, said — I know <he prisoner by sight ; I recollect seeing him on the 14th April last, at Mrs Allan's public house. 1 went into the house with him ; I left with him and went dawn the Buller road ; he appeared to be sober ; I asked him what was the matter with him, as he seemed to have been drinking, he said he was in troubh with hii wife, thai she was in town procuriog a tummous against him ; I told him to oma to my phce for a day or two aod the matter would blow over. We sat down on a log together ; he related to me the troubles between his wife and Bell ; how he hid been ruined by them, and done out of the house aud pro« perty ; he siid it was hard for him to be an outcast in the world, aud for them to reap the benefits of his labor; I said it was very hard ; he said he would have his revenge on them ; I cautioned him about doing anything of the Aortas he would only get himself into trouble ; I asked him to come to my cottage and have a cup of tea; he refused ; he seemed very excited ; I told him to be very cautiou.*, aud not to use such threats as that \ he said he didn't care and would bl>w their bloody brains out before Sunday. I again asked him to aoms down with me to tea , I related a story of a man that I knew bad shot another. I bid him good night shortly after, aud did not see him again. By Mr Gruinne«s : I heard of the murder o? Bell on the following Saturday; I gave the police informntion on Saturday night of the conversation as I suspected the prisoner. Prisoner was excited all the time 1 was speaking to him. The Court adjourned at half-past six p.m. until ten a.m next (this) day.