SUPREME COURT.

Wellington Independent, Volume XV, Issue 1339, 17 June 1859, Page 3

SUPREME COURT.

CniMIXAL SITTI\GS. [Befobe His Hoxob Mb. Justice JohssjoS.

The Quarterly sittings of the Supreme Court, for the despatch of Criminal Business, was held in the Legislative Couucil Chamber, on Tuesday last tbe 14th June. The Cuurt was opened at 10 o'clock with the usual formalities, Mr. Justice Johnston presiding on the Bench! The following are the names of the gentlemen erapinnelled for the Grand Jury, viz:—Win. Fitzherbert, (Foreman, 1 Geoige Crawford, William Dorset, Geoige Hart, William Hickson, George HuDter, John Kebbell, N. Levin, W. S. Loxley, Alfred Ludlam, William Lyon, James May, C. J. Pharazyn, W. B. Bho'des, James Smith, W.Schultze, and E. J. Wakefield. After the grand Jury had been duly sworn, His Honor delivered the following charge;— Gentlemen of the Gband Jus's-,— I am glad to know lhat the necessary postponement, for a short period, of ihe holding ofthe Circuit Court for this quarter has not been productive of any inconvenience to the public ; ahd it affords me satisfaction to believe that the labours of the Judges in Conference at Auckland, which have caused the delay, are likely to be productive of important results, —tending to secure precision, uniformity, and confidence, in the administration of justice throughout the colony.

Events, too notorious, have occurred since I last sat in this place, which have well justified the reservations I then deemed it my duty to make with respect to the prison of this Province.

.If those occurrences, with the surrounding and subsequent cuvnmstaaceg, fail to ctrry to.the minds of the responsible parties a conviction of the necessity for a thorough reform in the arrangements and the discipline ofthe gaol, I fear no observation or remonstrance of mine will produce any effect. ••'■-■;..■

Still r T must discharge my conscience by repeating here, at the proper time and place, the warning which I have already given,—that unless the sentences of this Court be carried out with certaiuty and effect, —unless prisoners be deprived of all reasonable hope of escape,—unless their treatment in prison be such as to amount to] a sensible and salutary punishment,—tbe administration of justice will soon become an idol mockery ; crime will gain strength and confidence; regular criminal classes (the worst bane of society) will he developed and established ; and incalculable trouble, difficulty, aud expense, will be entailed ou the colony, which timely care and precaution might have either entirely prevented, or at least greatly diminished. .

I cannot believe that the authorities or the. inhabitants of a country like this will long .remain apathetic as to matters of so vital and essential importance. I am aware that some st"ps have already been token in the right direction, and 1 sincerely hope that very soon the good sense and good feeling of the colony will free it from the reproach and dishonour which must necessarily attach to it, if while it boasts, with good cause, of institutions worthy of a highly inlightened and civilized people, it should fail in the first and most essential object of civil society, the protection of life, property, and liberty.

That a gang of eight prisoners, wearing _ irons some of whom already convicted of violent 'prison breach aud accompanied by th.iir usual cuard should at mid-day have made a mur lerous ohs'auglit on there keepers,—should have, as I. may'well ..express it, taken the prison by storm, robbed it of its arius and ammunition—-escaped, as it were, before tlie faces of the people of this town to the fastnesses of the surrounding country—that five of them shouldfor a considerable period of time have kept the town with its 6000 inhabitants, and all its appliances of police, military, and magistrasy, as it may well be termed, in a state of siege, and the outlying settlors in a cendition of sleepless alarm, —thot two of ths. eight should still, after the lapse of so many weeks, remain at large, are facts which need 'no further comment from me, but which surely will lend "Co some improvements of system, and some increase of care and vigilance. With the indictments which will be presented to you against the six pri. soners. who have been recovered yon will have no difficultyin dealing. Providentia lyiib.life Ims.been sacrificed ; aud I uudcrstaud from the 'dcppsilioiii', tlkt the injuries inflicted by the prisoners' hi" thu course of their attack were not such as'to'coftstituw a capital offence. I presume, however, that the prisoners will be charged wilh shooting with intent tomarder ; and with roopect to that, charge 1 may tell you, in the first place, that persons,, must lo taken to intend that which is the probable tiud natui'-, al consequence of their act; aiid 'there can be.'.uo

doubt that if a person, voluntarily, without lawful oxcltse, discharge a loaded pisto' or gnii.iu tbe ho.id.or body of another; and if death ensues, he irill ln> guilty of murder; ami if death does, not'ensue, it would hardly be permitted to the assaiiuut to allege that he did not intend-to murder tlie person attacked. In the second place. 1 would rcniir.d yori that not only the person who does such an net as this is re.-. sponsible, but all persons who wore present Riniiur and abetting him in so doing are also liable-as'niia.-cipals.

If you think that the prisoner Ciillen, in fireing. upon the Turnkey, did so in pursuance nf a uVsisri''. common to all the party,—if you think thai, nil th-; party weie acting in concert after having.resolvi-.i. to effect thoir escape, und to use violence, if iicccessiirv, —then the wholo of them are responsible for tiii. act of eiaoh.and all are.7 guilty as priiicii.'iis. . ft, however, you should see reason for 'believing that' some of the party, although they took adv'aut!i;;o of the circumstances to effect their escape,''were not acting in concert.with the others who were prepared 1 to uso violence, you may, if you think fit, igflore thir-

bill with respect&l'themt '*'> I < suppose hid'ctmcnts will also be presented either for prison breach or escape. Idonbtquiteigather.'from' tliedeposiiioiis whether there is any .evidence -to.-show that-'there was'iiny bro aking out ot'prison,"although- there was much violeuco used without:;-.but I presume- you ' will have no'difficulty oh lhat subject when you hear tbe evidence. .-'-:'■,r,'- ..- iy> "•" •■' '■'' L tt . m ..hiform.ed ..that a .'charge .bus very, properly been .made against a person rosltlont at.the w I-lutt-: for w'oun.ilitig'by a'pistol, shot", an "aboriginal,Nativol who ; ,w'as,',actiug,aS|a .constable.' shoi-tiy. iifterr'the cs,-'.' cape of'prisoners of which I have'uoo.ii speaking, aud, exc'teinontrcottsequent'iipoii I'liat event'; nnd I understand that the* investigation has been posi.p_ouqd,_ first.on accouii_t.>rthe.j:qiidi-„ tion' of llic woiindeil'man,S"d7 aficrirariis, in conscqncnc.o to bc'regYetted Jljuess of-tlie-Resident'Magistra.'i'eV the'pnrp.ps'e of rea^surin'g^ injured man,'arid others, th'aV'they lieed'iioY,lie, under, any apjii'eheus.ipiitha.ttbis.matter will not lie thorough-' Jy sifted, and 'that justic'o',wili" not,be .done.,respecting it. ■■■■■■':■■ .<-<_ :■.'• ■''■■■-■ v"* '" Before, I pi-pcped to,tlio qi!ier-pa3es in.ihe. calendar, I feel it'my'uuty'fo advert'to one other "matter connected with the*'prison,' l ''A Coroner's Inqnest and deposition have been returned into the Supreme Court respecting, the death,-in tho;gbai of a peiadn l nanied John .Rash. vlti.appear.s:.<bcsides. some other, irregularities, in tlieiprocoediugs.'thatthis auomalotis state,of things has arisen, ■-■A.gentleman; ; with res---. pact to whose competency and character. I can have noidoubt, discharges,' it would :appear, tho double • duties of Coroner for the district, and Surgeon to the gaol. The prisoner,, question, after exhibiting some, symptoms of illness, died : very suddeiily.tbo surgeon having been sent for,? but not having arrived iujdrae. An inquest was,held,-, at which the SurgeonCoroner presided:;, and thD'.Jury,'without having any evidence of, medical, witnesses,'-or-, any testimony as to the cause of death befuro.tuem, found a verdict lo the effect that the deceased had died from .natural causes. Now, however liigh may be the character ofthe gentleman placed in the position of Coroner; 'it was obviously .very undeniable that he was tlie person responsible to the public for attending. lo lhe health of the prisoners, should find himself in the discharge of another ditty, placed in a position which prevented him from-..giving,evidence ouipath and iv which, it might be suggested, he'hail au opportunity of screening .himself from a charge ofnegligence. I mention this,.at present, chiefly for ihepurposeof raising the question Whether.it might nut be desirable that some legislative - provision should be made for enabling some other person to act as Coroner iri a district where the Coroner, is. a medical man, and where the deceased person, about whose death tbe question is raised," has"been','under his enre; and I would take ibis 'opportunity--of' suggesting' triat, in tho meantime, a Coroner, in tho position I have just 'described, ought at all events, to caiisean'ex--amination to be made by one or niore independent: medical men, as to the cause of death, and their evidence on bath' to he submitted to the Jury. An iudictment will be preferred -against a -person named. Griffiths for cutting with divers intents. The case needs no comment from me. If.you are.satis fied that the injury was inflicted', Wd by the accused, you will probably find a" triio bill, and leave tliequestion of the'particular intent for' the cousileration of the Petty Jury. ' ■-~!,..•■.■..-, ... -, Depositions bave.beenreturned to the Court against a man named Peter Osteon, who has been.committed for trial for the wilful murder of Jatnes Clarke'. The case is pnoof ihe.extrenie. importance, and deserves the most careful investigation ;"bat it appears' that on account of the absence of. a material witness, it will be impossible to-bring tlie'case before you on the present occasion. I're'gret the unavoidable do-. ■ lay. 1 cannot doubt that the necessary steps will betaken to prevent the frasiration of justice. His Honor then intimated' tint tbe Judges bad made a rule that the practice in criminal cases, .should in tlie meantime, be the same us in England ; and informed the Provincial Solicitor that altlcigh the party bound oyer to prosecute is at present the only person to prosecute, by himself or bis Counsel, yet the Court will be glad to avail itself ol the'assistance of the Provincial Solicitor till another system of prosecution had been introduced. The' Grand Jury subsequently retired, and during the forenoon found true bills against the undermentioned prisoners, viz.— : ~- Regina v. Thomaa Griffiths, assault. •.,,>- " " Patrick Cnllen " " " James Gaffney " . " " John Woods escape. " " William Darley " " " James Kelly « " '1 Ben Stringer " The Grand Jury also made tbe following presentments to His Honor Mr. Justice Johnston: PItESEKTMEKT. The Grand Jury present that inasmuch as many of the prisoners, and some of those of the worst characters, confined in the' Wellington Gaol are military prisoners, it would be but fair and reasonab'e that a military guard should be allowed at ihe gaol. And the Grand Jury venture to express a hope that His Honor the Judge will represent the caselo the proper authorities.-' ..... ' ' William FiT-saunnEnT, Juno 14, 1859.' ' Foreman. ;' ;,;.,.-; ; ' PUESENTMEXT. ".M ■ The Grand Jurors iv the course of their investigation of the escaped prisoners, have had prominently brought under- their consideration the meritorious conduct of the.foilowing persons who aided the authorities in endeavouring to .secure the escaped prisoners, and otherwise rendering assistance. They particularly desire to bring their conduct on the favorable consideration' of' His Honor the Judge, that he'"may recommend -to-His Excellency the Governor a remission'of their sentence, or some other mark of approbation. The prisoners referred to are Aperhama Pakuru, Bernard Eustace, William, Masters. •■'-■ WIILIAM FITZHKnnEBT. •'■•■■■'■ - Foreman. Grand Jury Booms, June 14, 1880. '■' ■"-'■ His Honor said that he Lad much pleasure in receiving tbe Presentments from the Grand Jury as it showed to him that thry had taken considerable interest'in "tlie matter, and. he assured them, that he would do till in bis power to carry out their wishes. Willi regard to' one presentment it would afford him great pleasure to attend to their request, but with regard to the other, lie did not see how bo could interfere in tlie matter further than to forward it to tbc authorities at Auckland. The Warden of the Gaol hud already memoralised for a military guard, and had received aii answer thai there was an ; insufficiency of military stationed at Wellington to admit of tbe extra duty being performed.. He, would also direct tbeir attention to tlie fact, as there was some misapprehension regarding it, that although'there was no doubt many of the piisoneis were militaiy, yet, they were convicted of civil offences, and therefore amenable to the civil law. If the Grand Jury had shown that the prisoners iv tbo Wellington gaol were guilty of military offences they would have made out a very strong case indeed. His Honor after thanking tbe Jury for tbeir attendance, and the - care they had devoted to the public interests, assured them that he would pay strict attention to the recommendations they had made. Tht! petit jury baring beeu sworn, tho following cases were called on. Eegina. V GIUFFITHS. . Thomas GitiEFirus was indicted for having, on the 19th day of Marcli, 1859, stabbed, cut and wounded one Ilcniy Grigg, with intent to do sonic grievous bodily harm. There were .thieo Counts iv tlie iudictcaeut. Prisoner pleaded not guilty.

y j Mr. Brandon comliietcd the prosecution ; the 'prisoner was undefended. / ' Mr. Brandon slated the case to the jury, and adduced tbe following witnesses for 'eximiina/■tiun':—- - * Hksiiy Guiqo, being sworn stated ;—I am a laborer and reside'in Wellington; I know the prisoner at the bar; I met hitii-»n—tbe 18th . Murclj last, outside S wit-bourne's, , Hptd :.. he was intbxicated,*aud.aske'd-me tiisdc liim'bomc: ; I did so, and as we were proceeding down the : 'beach, prisoi-er.kept pulling.variOCts papers/out of hiSiP_ucket, -and, 'putting:- themiback 'itrgaiii • oh the way, we met two other in'an;Svboassist- . Ed me to get him home ; we had proceeded as far as Brown's llqtel, ; when the;prisoner, asked 'us to lot him .gp,,and.!we did so; two of lis had hold of him ; IJiad.hpld of thu left-ariri-,;,.w.hile wo were stinding tliero,-prispiier:/-wa"3npiiliino' some papers put, of,,;his.-.,p6cket-,- : ,"aiui I- saw rjothing more until I received a stub iv the arm ■ there was no,quarrelling ; prisotier did 'say:-'that he had lost some money, .and asked,' 'me! what houses we had been in ;;.this conve'rsiition-i.t'ook place as we were coining -along" the-beach ; no conversation took place.ftt-Browifcbelivcca the prisonor and myself. j By the CWt.rTVisoner was completely ;intpxicated at the,time, and could; hardly 'stand; ;he talked : abput having lost- a,iiote';-..and.!l jaw 'ii note fall from prisoner's hat, when' Iheyi were taking, the knife from him; I saw::the: prisoner draw back his arm, and stub me,with a knife ; I saw the knife in the Police Court afterwards ; I did not lose much blood; Prisoner did not quarrel with me, nor-did he say anything to m either before or after the occurrence; I was stabbed in the muscle part ofthe aim, aud was -. quite sober at the time; we went into three public houses after I,;niet.-;thc .'prisuner,--aiid .'drank at his expense. '"- •* -' - : '««••■"-.'• -■- • His Honorhere ordered thatlhe usual amount allowed'witness'ess should'not he given'to Gi'igg as be thought it-highly improper that a person! under the pretence of seeing a drunken maii home,should take him into three public houses and drink at his expense. ~. ■~., ..-,. •, ~. ■ . Alfbed Bliss, being sworn, stated,—l am a manner, and reside in Wellington. I knotv the last witness, by sight, and also the prisoner at the bar. We were in company, together on' the 18th March last, when I assisted "in 'bringing tbe prisoner .dotva the beach. \Vhea we were near the Police Court, prisoner stopped and said something, after ivhich T'saw" him - strike Qrigg with a knife. Blood did'not'uow until a tnmute or striiclc." There' was no quarrel. I heard prisoner say he "tad lost a pound note.'. ' By the Court.—l\vc prisoner was'intoxicated' talk tIUIC ' -^ ecouldsta SS el ' a * on^7\u .d.cpuld; Alexakdeu Johnston-, beiiig sworn,"stated' —I am a surgeon, practising in Wellington. I know Henry Grigg, the fi, st witness, On ' Saturday, the 19lfa March he was brought to uieto have a wound dressed. ,'' It was a wound' ' in the arm from a knife, and the incision had' penetrated completely, through the delta and ' muscle. I consider that it was a serious wound, although perhaps not dangerous to life, and one calculated to. do some grevious bodily harm. Certainly the wound might subject him to .serious personal inconvenience. Thomas Cojtise, being sworn, stated,—l am a constable in the Wellington armed Police. I produce a knifo, whioh X- s ot- fYoii, Bliooioi, Monday, the 21st March last. Alfred Bliss, re-examined—The. hnife produced is the same I took from Griffiths on Saturday, tbe 19th March ; and I handed-it to Coffee. ....;; . ; This closed the case for the ••••■" The Prisoner, in his defence, stated, that on the day.in question he had received a severe injury in the head by falling from the wharf on to some stone ballast, and had lost a quantity of blood. That he had been advised to take some ardent spirits; that he did so, became intoxicated and was not aware what he was doing.. His Honor summed up, and clcnily explained the law regarding the responsibility of persons for acts committed while in a state-of ' drunkenness. The jury retired, and after a short absence, returned the following ,-erdict:— 'That' the prisoner Thomas Griffiths was not guilty of the intent, but was guilty of unlawfully cutting, stabbing, and wounding." : ' , On tbe prisoner being asked if he had anything to state why sentence should not be passed upon him, be said that he expected a ' wifeand four children shortly from England, and that he hadalready been 12 weeks in gaol!- 1 His Honor addressed the prisoner iv a feeling and impressive manner, warning him as to his future conduct, and sentenced him to three ' months imprisonment with hard labmr. The Court then adjourned'-for half aiihour. On re-assembling, the following prisoners were placed upon their trial, viz -.—James Gaffney, for assault, with intent to commit murder, or do some grievous bodily harm ; and William Darleij, Ben. Stringer, James Kelly, John Woods, and Patrick Culleh, for being-acces-sories beiore tbe fact. There ; were ' several Counts in the Indictment. The several prisoners pleaded not guilty. Mr. Brandon conducted the prosecution ; tlle prisoners were undefended. "Mr. Brandon, after succinctly stating the case to the jury, adduced the,"following witnesses. Riouard Mills, being sworn, stated—l am Warden, of the Gaol of Wellington;..l i'uow the prisoners at tbe bar; they were in mv custodyin the month of April last, undergoing the sentences ofthe Supremo Court \ [produce the warrant by which I held Gaffney in custody at the time of his escape; the calendar signed by the Judge is the only warrant I have for holding him in custody. . (The Registrar here read the warrant of committal and sentence of the Court.) ' All the other prisoners were in the gaol at that time, undergoing hard labour sentences. Jajies Slight, bciug sworn, stated,—l am one of the Turnkey's of tlie Gaol of Wellington ; I was Turnkey in the month of April last; I know the prisoners ut the bar; I was on duty at tbe gaol on the 4th April; the chain gang went to work on that day at 8 o'clock in the morning, and returned to their dinner at noon; I opened the gaol door fui them, and they came in quietly as usual; each man had leg irons on, but. were not band cuffed, or chained together; after opening the door, I proceeded to tho iron gate, opened one half, and stood outside of the other; on Kelly arriving at the gate, he" turned sharp round to the left, took bold of my arms, and threw mo down oil the ground ; two other persons.then fell on the top of us ; I could not say who they were, but believe that thoy were Darloy and Stringer, as I had seen them follow Kellyiu; whilst on the ground I struggled, and got partially released, drew i pistol whichT had at my side, and filed at Kelly; I got released alter that, and the three prisoners ran from nac'; you can't see the front door from the gate, in consequence of a turn in the passage ; the vestibule is about 12 feet in length, and from the gate to the door is about 40 feet.

1 .£,gpt about half-way up the passage wehn I met Cullen and Woods coining the directipn I of. thetplatfo,rm-«,Cullen.saw me, and-havingk" - Kuriirihisjhand, up with'it;'and ; fired : ,it at me ;' the ball struck ; me on the side7of|the:^head; I fell/over .pu td-"the prisoriers;;,bed»7,\yiiich are kept in'tho passage during the"daytime to be aired ;-Cullen-came over-to me, and struck me °W ;the,.heail with.the, gun..;.,! was stunned bythe'blofv aiid bleeding -profusely';!' was then taken by force, and put into a cell, by two persons at least.; ,T am ;not, certain-who theyiwere that did it, whether it ,was;two of.-the original three that attacked" me, or some >of the. others;. I was bolfedjin ;..I> was> released: in about live minutes after,,by ; a .prisoner. riamed Masters; the cbaiu gang bad all escaped by this time; I found aiiotuer-Turnkey.iii: tuelce'lliinwhicb I was placed named, Chilly;! 7> ? v *;,<;-.-. ! ::i /. I The prisoners, were, severailyjasked-. if.they 1 wished to cross-examine; the,-witness,:a,nd: they I all replied-that-.they did-not.7 < ...jT | By the Court— About live minutes, elapsed from the .time' that.T was -placed in' the'ep l ' until I was' released; the prisoners .behaved very riotously; and -there was a/great noise of chains and,iaiahy:ivoices.- : : The.prisoners, who attacked nie. shouted:out'loudly,soithat persons inside and outside the gaol might hear them. I heard a noise as of! four or five voices shouting to each other., T heard some, person say in :*. loud voice, if- they, would go to- Chilly's room they could get fitted out there with clothes. Ohitty'.s room is close to the front door.' Chitty' slept there, and kept his clothes there. I could not distinguish the,voices inconsequence ofthe noise. - . ;, ..., .... John Cmnr, being sworn, stated,—l- am one of the turnkeys at thi Wellington gaol. I was turnkey.on ; the*4th, April last; on that day Phad charge of-eight prisoner's, the six at the bar, and two others ; I took them, out to work at 8 o'clock in tlie moraing.'iirid returned to' the gaol at noon ;■ they were woikiiig- in Ingestrc-street,-about 250 yards from the gaol ; there was ho one.in charge of the prisoners but myself; at 12 o'clock I told, them to knock off work, and go to dinner.j.iwhen I arrived at the . prison,, six of the prisoners had.entered the ; iol all except D'Aicy and Shields,' who'we .. on the stone step's leading into the prison I did not see SlightwbeuAve arrived ; Shields as the last to enter; I was going up the thre „ steps at the entrance, when en. looking- down where to' place niy feet, Shields'"sprang..round "sharp upon me; clasped me in his arms, and entwined his'legs routid'mi'ne; Iran back 'witn.-him towards" the outer gate, fell uporisome shovels', and "hurt my shoulder, very much'; while I was s' niggling' with .Shields, D'Aicy closed ou one side, and Gaffney gii the.other;' I'was" down on the ground, still .engaged, with Shields, when I saw Gaffney; asl I .y, pointing a gun at me; he said if I got .p, and went into the gaol : 'quietly, I shoulu not be hurt; while I was dow'i, Gaffney,rolled me on. one sideband took ; toy revolver' from -me; I got up, escorted on .oneside by D'Arcy, and on the other.by Gaffuey, Shields, walking behind, and went into the gaol; ■ when. I got into the passage, I saw Slight lyinir : on the prisoners. bed, he bad just discharged his i revolver'; about five minutes had. elapsedfrom i the time I. arrived, at the. gaol; when.l got in t the prisoners opened one of the cells, and forced ■ me in; I was then fastened in, and the door '. bolted on the outside; I was released in about five'minutes after by.a prisouer named Mas'ers '■■ I was in the ceif aDbur uvo v „",; .; Slight.was thrust into the sume cell with me; .the solitary cells were finished some weeks' prel.viously,to..the outbreak; there was great conI fusion.and noise; Gaffney tout my six-barreled '"revolver; it-was'loaded..with;-conical balls, and capped; the prisoners behaved very well while they wereout, and seemed to do more '■ work than they, had done for a day-or two previously; tbe prisoners bad an opportunity of conversing together, and did: so; I-was standing at too great a distauce from them to bear what : they said; the prisoners had several opportunities of conversing together before: the 4th April; they went quietly to the goal from their work on the day ofthe outbreak, and walked in single file, that being their usual castom ; there was,no rule as to tbe order iv which they should walk; lugestre-street is not a populous thoroughfare ; Slight was 'within --150 yards of me,°in charge of three prisoners, on the hill above me on tbe look out; the chain gang was in my charge, aud was always within hail of tho "-aol; there was do gaurd ou the gaol; there i"s no 1 punishment "for prisoners together while at work, they may talk us much as they please. The prisoners were severally asked if they had any questions to put to witness; but had ' none.

• Tnosus Geokge, being sworn, stated, I am one of the turnkeys at the Wellington gaol. I was a turnkey on the 4th April, and was on duty that day on what we call the platform. I saw the chain-gang coming into the prison at noon' of that day. Stringer, Kelly, and Darley came iv first.. .They turned to the right to go towards the iron gates. Woods and Cullen followed ; but did not go on to the iron gates as ihey should have done, but came ou' to the platform to me. Woods seized me by the throat, and Cullen seized tbe guuwhieh was' fixed up on the- platform. Culleu struck me \yilh the gun, tumbled me'.doiva the steps towards the gaol, and came over on the top of me. I struggled with him; aud Woods struck me with his fist. They dragged, me inside, and succeeded in putting me in a cell. While confined iv the cell, I heard the report of pistols; I also'heard Woods say, come out of this you b y b——r whilst I was iv the cell, after I heard the pistol fired,Theard some one call but *' shoot him. shoot him." I could not swear to the voice ; but swear it was not one ofthe turnkeys. After this, I heard the report of a gun. , There was great noise, and rattling of chains. I heard Woods say " Tbey are all gone,'"let us be off." Cross-examined by Woods —You caught me by the throat;. but you had no weapon in your hand at that time.

By the Court. —l saw Woods about fiveminutes after this, going up a gully leading to Hickson's farm ; he had a gun in his hand ;it was one of the guns belonging to the gaol. T aftenyards.saw the state of the gaol. tour or five muskets weie taken away, and three or four pistols. The guns were kept in Chitty's room, and the pistols iv mine. I missed two pistols from ray room, and one from anothet-ioom ; I can't say whether any ammunition was taken away. That was the last 1 saw of Woods until he was brought back on the 29tb April; Cullen was brought in on the same day as he made his escape.. Gaffney and Stringer were brought in on the sth April; aud Darley aud Kelly on the 15th April.

Ellen Mills being sworn, stated, —I am the wife of Richard Mills, the Warden of the Gaol. I remember the 4th April last. At 12 o'clock on that day, I was iv my bed room, in a house adjoining the Gaol. I heard Charles Mills, my son, call out very loudly. I ran to him, and serithiin to the Turnkeys. I went to the back door of my house; Aprahama followed me, and took off his boots and hat. I taw Kelly run down the.garden from the gaol. Aprahama followed him. Kelly picked up "two largo,

sies. Aprabamaiseizedjhmvand threwdiim wn, Kelly,got up again.-'and iAprahama ,had lught him half way up the garden, when I S* Cullen jump the fence between .the garden d the gaol, and come into the garden. ,1 ded to Aprahama to let him go. I then ran tthe side door.of.my hoiise,'Traet Gaffney and; b'.others;bufoau;t,say.who thoy were.; Gaffney is coming, through my. house from the "gaol; ho tags; I endeavoured to .retreat' .toVartls-'rae' HseYGaffncy immediately'seize'd my right" on, and said, I will not hurt you -Mrs.; hilt T vl shoot the Maori; I said, pray don't; he sd. he-would ;■! said, letgo.my;arm:;:lie said; i not until I have shot the maori; I said, let I my arm, and he loosed it; I then went into y house and beard a pistol go off; I called jrahama, but he did not answer; I then went _ the■front-of-my-house, -and-saw -five-ofethe-■if jners;hammering offrtheir-.ironsjat ' jur garden'; Some of thcrri h'ad"i : eil shirts ' j and some of them hadmot; I then went up airs to my bed roup), it looks towards the rear ' the ga'oi, ; arid'savv- the 7 prisoners'. : gs '-towards !r. Hickson's farm, which lies behind tbc'.gaol; saw ho more of them that day. "'"''■'■ "' ' " I first sw you, you had a pistol in your hand"; I had; ■ at a'white hood in my hand ; You held nic by te arm, and not by the hand. ,'.',.-' ,'''' Walj'f.i: Lawhey Bulled, was sworn as-.in-tapreter to the Court. ~'.•'. ; ': U'Eaiiama.Pauuiiu, being sworn, stated,—l was aprisoner in the Wellington gaol in the. month of April last; I am a Christian, and; have teen baptized; I remember, what tookplace t the gaol on tbe 4th April Jast;'On that dif, there was a riot at tho gaol among the prio'icrs; Mis. Mills' soil Was there,' and went it' 6 the gaol; I was frying meat for'dinner in ilrs. Mills' kitchen ; Mrs. Mills' son called outi.de; Aprahama come; I went out; Mrs. Mills nine out after me, also a native called Pukti;'When! reached the gate of the garden,. ItookifF my shoes.;. Mrs. Mills called.oiit to me tt make haste; I looked and saw the. piisoter Kelly was running down the garden; I pusued, and caught him;, he took-up two stove* I took hold of him, twisted my leg roundhis, and threw him to the'ground;-I then asked him; why do yoir run away? he liplied, my masters, are bad; I have beenivedat; I unfastened bis'trowsers to see ifheiad been wounded, and saw that be had been, I asked him how many had run away ? he reilied, I am the only one; my friend Puku then ;atiie lip j he nlso-'was a prisoner; ■ I -'said to.tn- friend, go and;fetch my masters ; I then said, Kelly get up, let lis go back to tbe gaol; he reilied, I: will 'go "alone";" Ii then-proceeded to letd hini to the gaol; -as l we were going, Mrs. Mills called out something,.l looked up,, aiid saw Paddy, (mean I ng {the prisoner Cullen) comiigup behind me; he called out to me to laavego Kelly; Kelly said, let me go, and.l let hiru go, as I was: afraid of the; two ; guns whiel prisoner Cullen was carrying-; I then ran into die kitchen, aud looking from ,the: porch, saw Gaffney. Mills by'the. arm, a. little above the wrist; Gaffney held a pistol in bis right hand ; I ran into the kitchen to get a hatchet, and then came out; when I came out, Gaffney said to me, throw down your tomahawk; Mrs. Mills aud Gaffney were;then at tbe side of the house ; I heard Mrs. Mills say, let go-iny arm; Gaffifey said Mrs., you mo fi : °'~*,-""vV '''V'l-fiee me shoot, the Maori.:, he. then let-Mrs. Mills- arm ioose,-ana cantd-Wmo; a second tims, to throw down my hatchet; I was afraid to do so, lest be should come up close to me with his pistol. He then presented the pistol, said he would shoot me, and fired tbe pistol at my head; Gaffney was about six yards distance from me when he fired the pistol,' I dodged the pistol, the ball passed !iy my head; 3iid struck the bricks immedately behind where I was standing; he lired twice, the second ball struck the door, about the height of my head from the ground ; the second shot was fired immediately after the first, Kelly Was out of sight when the pistol was fired; Culien was there when Gaffneythreatened to shoot," but not when the pistol was fired, he was thenout of sight; Gaffney was alone, and none of the other prisoners were present, : ■ ■ ■■■ . ■ Cross-examined by Gaffney. —You had not hold of Mrs. Mills' arm when you fired the pistol. Mr. Mills, being sworn stated; that the prisoner Aprahama had been convicted of felony, and sentenced to six years' imprisonment. That his conduct in gaol was exceedingly good. He was employed by him, as he had no means ot classifying the prisoners, and they were constantly quarrelling. '.-lis Ho.Non instructed MiC Buller to iuform the witness that he was well pleased with his conduct on the occasion in question ; that the grand Jury had also made a presentment regarding the same, and that he would have much pleasure in forwarding it to His Excellency the Governo-. ' This closed the case .for the prosecution. Hi.: Hoson then asked the prisoners, if they had anything to state in their defence. Gaefnex said that the Maori differed in his evidence at the Police Office, and that which he had stated to the Court. He also wished to state the treatment lis had received from Mr. Mills. His Hosor said that this was not the proper time or place to7i;iake such statement; he should do io to the Visiting Justices. Kelly said that before he escaped he was wearing 12 lb irons but that he was now weaving 31 lb. or 32 Ib> irons. That it was no use to speak to the Visiting Justices, as they only laughed at-them, and very seldom came to the Gaol at all.-. ..,-.-.•. Woods said that it was npthiug but starvation, tyrraiiy, and oppression that had driven them to do what they had done. [They had been subjected to v;nar heavy irons, and had never been sentenced to them. Itlr. Mills never came iuside tbe Gsjl, ti> see wbethei they were properly clothed, or inspect their provisions, and if it were not for one or two of the Turnkeys, the gaol would be in a most deploiable condition. His H<?xon smnmti |. up in a clear and impressive manner, going over the whole ofthe evidence, and expounding the law of the case to the Jury. Tbe Jury ratired, and after an absence of some thus, returned into Court with the following verdict. " We find James Gaffney guilty of shooting at Aprahama Pahuru, with intent to do some greviius bodily barm, and William Darley, Bon. Stringer, John Wood, James Kelly, aud, giitrick Cullen as accessories before the fact." His Honob reserved sentence. Tbe Court was then adjourned until the following day. . -'.' Wednesday, 15th June, ,1869. ~ ■ Reqina v. Peteb Osteen. *-' : Prisoner was charged with wilful murder ol James Clarke, supposed to .have Seen committed on or about the 15th Jnne : 1858;' - Tbe Crown Prosecutor intimated that he was not prepared to go on with this case, in consfr quence of the absence of a material witness); . j

, ,Mu. Bunsv, who appeared for the Prisondr' | [applied to tlie Court to have Osteon discharged out of custody. His HoNoasaid lhat the prisoner was committed to take His trial tit the present sittings of the Supreme Court; anil that if the trial was not proceeded; with,; he would; be compelled to discharge the prisoner; die might, ; however, be again convicted;at the. Police tCourt,, in which case, bis trial would conic on next session. Procluinatioii"was then made, arid the prison', er discharged,'out of custody'; 1 ' 'after 1 which; he was again apprelieilded by the police, •

ReOHU V. ;pATBICK CotLENjiiND OXHBns,

Patrick Cullen, was indicted for shooting at James Slight, with intent fo?'commit murder or do some grievious bodily harm ; and Jnmis Gaffney John Woods, lien. Stringer, William Darley before the faofi! J.Thei'e> were';seven; Counts in | the Indictment..- — -..-■ ,;;..;.;:."".7. ~ 7- ,;! ' Mr.- Bba.sdos cqndiidied^th'e'prosccatioh';] the prisoners were undefended:' Mr. Bba.ndj.h stated", the particulars ofthe ;case to the .1-iry; explaining"why tbc'sevefal Counts' had .been putin .'the' Indictment.; and the law relative to,the "difference bet-Vee.-i accessories'.and principals in the second degree, and called the following wilriesse37 7. RiCHABfI Alibis, being sworn, stated, —I am Warden of the.Gaol of Wellington; I wits ■Warden in the month of April last;-I know the prisoners at the bar; they .were inljny custody at that "time: I produce the warrants by which I he'd ths prisoners in custody. ' James Sliosit, being sworn, stated, —I am one of the Turnkey's at tbe Wellington Gaol; I was on duty at the prison 0:1 the 4th April last. (Witness here repeated the evideiice .which he gave.yesterday in the case of Regina v. Jame3 Gaffney and others, and which .will be •found in another column, with tbe following additional particulars). Prisoner Masters unbolted the door of the cell I was confined iv, | and liberated Chitty and: myself; be also let •George out; I produce a.bullet; it was given to me by Eustace'in-' the'-'afternoon'''of the same day that the. riot took' place at the , gaol;, the bullet struck trie on the side of my bead, and afterwards against tbe bricks.behind me ; the gtta was fired by Cullen, and Woods was near Cullen at the time.

' Jokx Chittt, being sworn, recapitulated the evidence which he gave yesterday, with tbc following additional particulars. Slight was ; put into the same cell that I_was in, about a minute after me; I was lifted up by Slight, and through an iron grating in the cell saw Gaffney and Darcy'in my 'room '...throwing my things about, aud making great confusion ; I got down -and was lifted up again, when I saw Wood? leaving the gaol iii the' direction of the front door; the right side of his face was covered with blood ;. I saw no more until released by Masters j there was only ..myself in charge ofthe chain gang; there waspothing to preventany of the prisouers escaping, .all the doors were open ;• there, were no other Turnkeys than Slight and George, at the time I arrived, to guard the prison; the hard labour gang,- consisting-of Vi or 15 prisoners; was out at the time, and in charge of two persons; I did- not see any of prisoners when I was released ;T missed four or five muskets ; when I got.out, I found my room iv confusion, and took up a sword from the floor but could hot use it,' from the hurt I liad'recoiTOdlu mj-»rm; T heard four rir, five shots' tired In the p<i:-».i S c, after I was,put in the cell ; the guns were kept in my room, there was also a gun.kept on the platform.-, ■7:7 ..:-..: -~:"...

Thomas George, being sworn, stated: that he was a turnkey at the. Wellington gaol on the 4th April, and was on duty on'tbe platform on that day. (Witness here recapitulated the evidence given in a similar case yesterday, with a few additional particulars). Woods and Cullen rushed on the platform. Woods seized me by the throat, ami Cullen seized-the gun that was hanging on the platform; the gun was loaded with powder and ball. After I was forcbd into the cell, I heard the report of a pistol. ' 1 also heard a voice cry out " shoot him, | shoot him." Iv two or three minutes after I was seized I heard the'veport of a ; the report was near to the coll in which I was confined ; I was in the cell about six or eight minutes. I saw none of the prisoners but Woods and Cullen at that time; and siw none but Woods, afterwards escaping with a gun in his hand towards Hicksou's far.n.

Bernard Eustace being sworn said, I] am at present confined in Wellington gaol as a prisoner; I was a prisoner there ou the 4th April last; I remember the chain gang coming borne to dinner on that day ; I was standing at the front dour of the guol at the time; about 12 o'clock I heard an unusual noise and a very great uproar and riot accompanied by a violent scieaiu ; I went to see what it was and I found

that the scream proceeded-from Slight, the turnkey, who was lyiug on the ground, with Darley, Kelly aud Stringer on the top of him ; as soon as I reached tlie iron pavtitioti gate, I opened to pass through it, when Darley turned upon tne immediately and pushed me hack and closed the gate on hitch. I turned and pulled the gate open again and succeeded iv getting ou the other side were Slight and the three others were; almost immediately afterwards I heard the report of 11 pistol which I believe to • have been fired by Slight, but 1 did notises him fire ; on the report of the pistol Kelly ran away, and was followed hy Darley; Slight then got up and went forwards towards tbe iuterior of tbe gaol, and I followed close behind him. When' we reached, the corner turning on to the platform, Cullen was standing there alougside oue of the new solitary cells; just as we reached the. corner,' Slight fired off his other pistol, T believeat Cullen, who immediately fired at Slight iv return, the ball passed close to both me and Slight, and struck the brick wall ou theopposite side: I both saw and heard it strike the wall; at the time tho gun was fired, Slight was in a direct line between the muzzle and the place where the ball stiuck the wall; (tbe witness here at the request of the court described to the jury the exact relative position iv whiaii Slight aud himself stood with regard to Cullen, and'the direction in which tbe gun was pointed;) Slight was the nearest to Cullen when the gun was fired. As the ball struck the wall I turned round and picked it up; it. was the same that I afterwards gave to Slight; after this I went back agaiu through the iron gate and turned out into the yard. It was the right hand yard *, I passed tbrough it, aud got into the middle yard, when I saw Wood just iv the act of taking oif.his irous; ho turned round to Darley, who was also there, and said " we must look out for this fellow," (meaning witness).. I then passed Darley who had a gun in bis hand, and turned again into the same passage where I had left Slight, but he was not there then ; he bad been put into a cell and locked up just previously;!.then met Cullen coining.towards tbe iron gate ; I ran, towards him and called upou him.to give up his piece, . He-replied, " get out of. the way you —, or I will! shoot you -too."-. As) he held the gun up, I seized hold of it, but he-broke it away from ray grasp ; I looked after Cullen, and saw him go

•■■ ■ ■ \ '■_'•,.","; ;;; '' m ' n through, the front door; I Went back-through' ihe irbii gate , towards tho-back-yard ; when" Cullen shot at me, I did not see Wbods there ; I cannot say whether be took a deliberate aim, but he pointed the gun in the direction that Slight and myself stood in, I went through the middle yard into the cook house, and found several persons there; I remained there"a few minutes, and when I returned, I, helped, to' dress Slight's wouud. I saw the,'frbn't .door of

,llie,gaol _ppen._ _ '"'''.'.'' .1..'. "71 : The pnsuiiers, we're.,thenj asked[-if,thpyiado anything to.state.for' : .'the'ir7defence,';b'utrsaidr nothing.-,-,..- '"..,."'7. , "..',',.'.'. ','..■ Y'7-7: -~', ■■ Y\ I . \ -His Hoxou summed,, up in a clear and:im-:l .partial manner, explained the law .of the'i case-«. and .-..went very, carefully sthrqugh'Hhei.wbole of "'■ evidence commenting on 'the several points as he proceeded.!. With regard to Woods, His -Honor said that if the Jury were-satisfied that.. j Woods was aiding and-assisting .Cullen at the j time the gnu' was .fired,.he would then be a j"principal and not-.an; accessory,, andtiherefore i could not be convicted under? the present Indictment. ....-..■.,;•..:< ::■::■.: - l

The Jury iiitiT-Sd. for. about 10 minutes, when theyretuned into court, haying-found '-the'foilowing verdict jr l ". We. find, that is guilty of lhing'at Jame's Slight'with intent to do some grievous bodily harm ; and that Kellyp Stringer, Woods, Gaffney, an'd'-Darley are ac"i. cessories before the fact. ■ • ./■•■■■ i-.,

His Hokob stated that tbej;, must acquit Woods as an accessory, as be was proved bythe evidence of Chitty to be a principal,' and therefore could not/be found guilty underpins Indictment, —that is if they believed the'evi" dence. : -

The Jiiiy'thereupon reconsidered their verdict, aud at the* direction of His Honor acquits ed Woods ; but found the other prisoners guiltyi ' ' The prisoners were then asked if they had' anything to state why the'sentenceof tbe.Coiirt should not be passed upon them., -. -;;-,;;.. Woods made a: long, statement to the Court showing how be bad been represented as a person of the blackest die *, that it/had been in a paper that he. was. an. escaped convict of the name of Sinclair, that he had been found ,- guilty ofthe murder of John Dunning on the -■ Franklin River in Van Dieman's- Land,- and- ♦ that he had only eluded the gallows by escaping ' to New Zealand; he could prove all these* statements to be false; but yet they had' taken." such firm hold on people's minds, that it was'impossible to divest themselves of them ; he did not know.why]the Government should .offer. £5() .7 for his apprehension, and only £10 for the other . prisoners. ...,-■--.-. .Gaffney said that if the people of Wellington were aware of .the treatment they received in the gaol, they would not wonder at their attempting to escape from it; on his firstattempt at escape he was caught, brought back, put in heavy irons, and kept on bread and water:for six days without shoes on his feet, or cap on his head; that for speaking to a man on the road, he received 14 days solitary confinement, and was kept for some time on bread and water; he had worked for 10 months for Mr. Mills in", his garden, and made shoes for his family, and because he refused to do so any longer without J recompense, he fell under: Mr. Mills displea* sure ;- on-one occasion, having raw potatoes in his cell, and being nearly starving at the time, he had lit a fire with the intention of cooking"" them ; but the fire became too much for him and he fainted away; for that offence he 'was ' tried on the crime 6farson| aud sentence of death, recorded ; his sentence had been commuted to four years imprisonment; they had not sufficiea,". food iv the gaol, and suffered extreme hardships. His Honoh.addressed Cullen and Gaffney in a most impressive and feeling manner, pointing out to tbeni the diabolical crimes ' they bad been convicted of, and the narrow escape that" they had had from committing murder, when the extreme penalty of the law would have been carried out; he warned them as to their futuie conduct, and sentenced them both to penal set-, vitude for the rest of their natural lives. ..-■-' The other prisoners were sentenced to six years penal servitude, to be computed from the : termination of former sentences. ' This closed the Crimminal sittings. „'"",