COURT MARTIAL.

Wanganui Herald, Volume III, Issue 500, 8 January 1869, Page 2

COURT MARTIAL.

(Contimied from yesterday.) Trooper Charles Robinson,"one of the escort who arrested trooper Hughes, gave evidence corroborative of the foregoing^ In answer to the court, witness said that he did not hear the prisoner threaten to shoot the first man who laid hands on him ; heard sergeant-major, Hare tell prisoner to put down his reI volver, and he did so immediately. Alfred Potto, trooper W.C.V.: I was ordered by sergeant-major Hare to arrest prisoner ; I heard the ser-geant-major ask prisoner to deliver himself quietly; I did not hear his reply, but he put his horse in the stable, and did deliver; himself up quietly; the sergeant-major was in O'Hanlon's yard when he told prisoner to deliver himself up; I was distant about half the length of a horse; I heard distinctly what the sergeant-major said, hut I did not hear the prisoner's reply, as I was a long way from him ; he made use of some threats, I did not catch the words ; I was seven or eight yards from him at the time; I am not quick at hearing; I did not see prisoner attempt lo discharge his revolver. I saw him with it drawn, and heard the cap snap; don't know ' which way the revolver was pointed at the time; the reason I say that '< the prisoner used threatening language is, that I heard him, say, " damn it, make no mistake;" Ido ! not know what the remark referred to ; I was last in the escort, and did not see well what took place; there was a good deal of dust from the horses galloping; I was in front of trooper Robinson ; the prisoner had not given himself up when I arrived at the stable yard; I did not hear , the sergeant-major say, " I'll cut! you down if you don't lower your arm ;" I think prisoner was' return- ! ing the pistol to the holster when he turned into the stall; it was possible for the trooper behind me to have seen in which direction the pistol was pointed; lam aware of the nature of an oath. ■ ■ -„

The,jcourfc was cleared. On reassem|ling, the judge-advocate said that the evidence of trooper Potto was highly unsatisfactory, and would warn him that if the evidence of a witness is found to be conflicting, he is liable to be tried by court-martial for perjury. ; Examination continued: It was possible for prisoner to have spoken to sergeant-major Hare, without my hearing him; prisoner did not halt before going into the stable yard. " Sergeant-major Hare recalled: Tt was before going into the stable yard that prisoner threatened to shoot any one who laid hands on him j I cannot tell whether the men of the escort could hear what prisoner said; they were four or five yards behind me; prisoner made use of no threatening language after attempting to discharge the pistol. The judge-advocate announced that the case for the prosecution was concluded, and that prisoner would be heard in defence. Mr H. Godwin, on behalf of prisonef, asked that the evidence for the prosecution might be read over, which having been done, the following witnesses were heard for the defence. Sergeant-major Robt Hare: You did at all times, while in the troop, accord a ready obedience to my orders. I have no reason to be dissatisfied with any service performed by you in the troop, except circumstances connected with the present charge ; I could see you were excited when you left the parade ground; I am not aware whether you had leave of absence; the appearance of the escort following prisoner might have tended to exasperate a man already suffering under a supposed wrong; you did express contrition for your behaviour as I was conducting you to the guard-room By the Court: Ido not think the

pistol exploded by accident; .prisoner was very, much excited;/I presume ho attempted to discharge the pistol to intimidate the escort.

Capt. W. Finnimore: You always yielded obedience to orders, and conducted yourself to my satisfaction, except on the occasion for which the present charge is preferred. By the Court: I cannot present to the court the pay-sheet signed by the prisoner; Lieut. Day held We' cheques, and Cornet Ballance audited the accounts.

The court adjourned until 10 a.m. on Friday.

THIS DAY. ; ' The Court sat at 10 a.m., and upon the request of the prisoner (by his representative, Mr H. Godwin) adjourned until noon; when Mr Godwin read the written defence of the prisoner. In his defence, the prisoner, with respect to the first charge, withdrew his former plea of " not guilty," and expressed regret for his conduct; he had acted under i the~ impulse of the moment, his mind being previously excited by the knowledge that he was a heavy loser | on account of persons who were j largely indebted; to him leaving the ! settlement, and from the generally disturbed state of the district. Mr Godwin handed in a memorial, testifying to the prisoner's general good character during a residence of many years in Wanganui. The defence pleaded that prisoner was an ignorant man, unable to read or write, and was ignorant of the conditions of the Articles of War under which he enrolled. repudiated,the intention of shooting at Sergt-Major Hare or his comrades, who well knewl hat he would lose his life for them; 'he could not account for the cap of the revolver snapping, except that the guard had been removed without his knowledge. He threw himself on the mercy of the Court, hoping it would take the foregoing facts into consideration.

The Court then closed. On reopening, , Major Noake re-examined—There are no previous convictions against the prisoner,—his general character is good, his term of service is three months.

The Court ruled that further evidence as to character, from Captain Finnimore, was unnecessary, and the Court finally closed.