MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1446, 3 January 1887, Page 2

MAGISTERIAL.

SOUTH RAKAIA— FKIDAY, Deo. 31.

(Before Messrs D J. Holmes, J.P., 0. Hardy. J.P., and E. Coßter, J.P.) A first offender was fined 5a and cost! for drunkenness. H. Manuel and Thomas Hill wore charged with fighting on the railway platform. Both pleaded guilty under provocation. Several . witnesses wore examined. Both defendants were fined 204 and coats 3d 6d eaoh, m default one week's hard labor. A SERIOUS CHA.ROE. Daniel Grace was charged that on Deo. 28 he presented a gun and attempted to shoot ' one J*meß Brown, of Sodtown, near Bakaia. Mr Purnell appeared for prisoner. Sergeant , Felton proseouted. Constable Black arrested the aooused from ' information received, and charged him with attempting to shoot James Brown. (To Mr Purnell : Did not oaution aooused.) Mr Purnell made objeotion to the evidence being tnken, as prisoner should have been oautioned. Considerable argument here took placebetween Mr Purnell and the Sergeant, The Benoh thought it u&neoeesary to continue the argumen', as they would take the evidence. Mr Purnell, with all due respect, contended that the evidenoe was not admisaablo. Witness then continued : Prisoner Mid it ooourred on oooouatof Brown's wife. Witness took possession of the gun produced from John Daly, storekeeper ; examined the oontenta this morning m the presence of the accused and Sergeant Pelton, it contained powder, shot, paper, and a pieoe of a ramrod which wag m the gun barrel, and stuok through the paper which hold down the iboi • breeoh of gun also produced as taken oot. Got alßo a powder flask (all produced). The piece of stiob m the nipple was put m bj myself to prevent any powder eaoaping.— Cross-examined by Mr Purnell: The gun waa slightly rusted m the breeoh. The oil on the screw was put on by myself with the objeot of loosening the breeoh. Had a little difficulty m getting the breeoh off. Jaineu Brown Bworn : Am a ploughman, anft live at Sodtown, within two miles of Bakaia. Remember Boxing Night, was at a dance at the Town Hall ; went to the Bakaia Railway Hotel ; saw the accused there, and he was fighting with a man named Santy, and jumping on his stomach. I interfered and took aooused off, he then struck me and. I turned again and felled him ; then left him. Have known prisoner for twelve months, and was always frienily. Endeavoured to take aooused away on this account; the time would be about half-past two or three o'olook • he went home after daylight. Dennis Bielly* Mrs Bielly, her two sons and daughters went home with him, also Mrs Collins and Miss Collinn. On arriving at Sodtowo, when about eight obaina from his own house, at a turn of the road, met Graoe coming from the direction of my house ; accused had a gun with him, and came up to me. .The road is not half a chain wide, accused was on the footpath and myself on the other .Bide of the road. Acoused Baid, "Brown, down on your knees." Witness said, " Dan, don't fire, you might do damage." Aocused repealed his request, and added "if you move one inoh I will shoot you-" he then levelled ths gun at me and pulled the trigger, I heard the hammer drop, On finding! was not hurt I ran into MrSheehan's house. — Cross-examined by Mr Purnell : Had been drinking m the early part of the evening, but was sober when I knocked " accused down ; had only had one glass of beer. Was at the ball from that time till four o'clock. Acoused would have to pass within twenty ohains of my house m going to Hartnell's, where he worked. Will not swear there was a cap on the gun. The examina« tion was continued at great length. Mrs o'Keilfy, sworn, rt>nv mbered the n ght m qtiet-toii, and going t>> Sheehan'a houaa a> d hearing her Boas screaming, it n out and saw Brown and bet son ; f-dtaaed tho doora and windows. Saw pccußed standing m tho road. He (acouae-J) o ime to the door and aaked for £n>*n. »nd said, " You may thank God that the cap w-i» bad, or I had yon killed." Brown was invited oat to fijrbt, and acouaed undertook no; to ehcot him. Mr O"'linn t >ok orisoner aw%y. Donis O'Reilly, sworn, remembered tbo time m question. On reaohing the - corner uear his house saw' a man pass over to Brown's place ; went to Sheehan'a house ; turned round and - Hnw the aocused \\'<.h a gun under his coit, hanging down by his thigh. Be. (accused) wont on, and met Brown aud o.hers When about two yards from them be turned muni, put up the rm, and -said, "Go on your knoo', Brown, 11 twicer and again repeated the request. Witndls aanr, out, '♦ Don't do that Pan," aod nccußed dropped his hand, and pnt it m l»is pocket. He took something out of his pocket, and put it on the gun. Brown cleared off to Sheehari's, and never left till witness's < auguter told him — Grossexuuiined by Mr Purnell : Was about one chain nway from Brown when prisoner met Brown. Brown ran behind the women. Prisoner put his hand m hia righthand pocket. Can't swear what jha. put on the gun r^^ Pati-ck Ooliins, sworn, said aocuaod J carae about 3.30 on the m.roing 9JfZ tho 28th to hia house, aud knookejflr ! Answered the second knook from the window Saw accused standing outside with a gun m both hands at hia hip; He said '• Give me two or three caps, if you have got them." Replied t>at he had not got thiim. 'Accused asked twice,- and wan told tint witne-a did not keep oaps. Witness said " What is up?" and prisoner eaid "No matter " When witness got into bed heard his wife say "Murder, murder. " After accused was refitted cups he sai J : " You will never see me agnin."

The witness was not cross-examined. Thomas John Daly, sworn, said ho whs twelve years old, and son of » storekeeper at Kakaia. Remembered early last Tuesday wording prisoner coming to this bedroom window and asking for some caps. Told him he coud not giva I him any Was then offered money to get aoiue caps ; again refused He reported this to his fa her. Looked out o£ the window, and saw aooused leaning on< a gun and crying. He said; " Hood-bye*, you will not son me again." Found some, money ou my pillow, wh : ch was close to the window alter, accused left. ]$ecognieod his father's gun. Cross-examined : Accused lodges at fa'her's houso when m RaKaia. K>\d not notice drink on accused. John Daly, store and boardinghongekeepor, residing at RakaiA : Know Jas. Brown, who' lives about two miles from R'lkuia; Had known accused about a. yea- He boards at my house when m akaia Enow the gun produced ; it is mine. Keep it m a passage m thehouse Miaßed the gun on tbe morning of the. 28th, Oouli not swear it was gone the'night before Have hw the gun at times Did not lend the accused the gun on this occaß on ; but had done so before: The baok door was open all night on that occasion. Recognise the powder flask produced as mine It is usually kept on a Bhelf m the scullery ; never lent it to accused Accused know tho run of my house. In oonstqueuco of what witness heard, dreuaed and went out to look for aooused to take tho qua »w «y, knowing he had been drinking heavily siuod Ohriatmaa Eve. Oonld not find him, so went to the police. Accused returned to my house between seven and eight o'o-ook, and handed ma the gun. Remonstrated irv.h him for taking the gun. Accused Bald 44 was orucifiad, and went baok to. the stable.

Cross-examined : Oaunot Swear there are *ny oaps m the hou»(\ Acouaed told me ho had to go to Hactneirs to work the nt(sUt before, or ho would get the "aaok.** Accused Ins always been a quiet and steady man. -To the Bench: The gaa w%s uot loaded wheu witness left It ia the passage. —By Mr Israeli : DBed the gan about a mi-ith ago. Prisoner hai not hid the gun since that time to. my knowledge. Do not know that aconsed erer loaded the nm and btuke the ramrod, flad heard tint suoh waa the caao. P. CoJlina, rcoaUed.—To the Benoß r Before ac^ased left my house for good h* aBl4 "I «ol going to shoot Brown; 11

Aoda.-rd told ma to keep nway wh«ju 1 want si fo snvoh fie ffuu fror« biai Mr Pu-nell adire»sed the Perch at conwderable length, stating th*t thero was no evidence to ooranrt, and the case •hould be diamisav d. . The Bonoh retired, and after a few minutes consultation, returned, and committed the acoased for trial »t the rest sitting of the Supreme Court at.Oriruteharob.

Bail was allowod. a03"!83^ m htu cwn reooguiaanci of £ 200 and two euretie3 of £100 each.