SUPREME COURT.—CRIMINAL SITTING.

Auckland Star, Volume II, Issue 444, 13 June 1871, Page 2

SUPREME COURT.—CRIMINAL SITTING.

[Before His Honor Sir G. A. Arney, Knight, Chief Justice.] MONDAY, JUNE 12th. His Honor took his seat on the Bench at 10 o'clock. The Murder of Giifilian at the Waikato. The following additional evidence was taken after we went to press. George Skene, Sergeant in the Armed Constabulary : Took particular notice of him on the Monday morning, in order to see whether it was necessary to keep a watch over him. He had his breakfnst about eight o'clock. Saw him a Quarter of an hour after breakfast. Witness said to him, " Well, Muirhead, how do you do this morning ?"" Prisoner replied, " Much better; lam getting all right again." Witnes said to him, "Do you feel equal to the march, to-day, it is only a short one ?" Prisoner answered, " Oh, yes, I think I can manage it." He bad his swag packed up, and was ready at the same time as the other men. He spoke rationally, soberly, and sanely. Prisoner volunteered to go for mushrooms, and did go. Sergt. Collins told Muirhead to go to the horse's head. Prisoner did so. That was a very short time before the shot was fired. About half an hour before that Giifilian asked prisoner whether he would, have soma mushrooms. Prisoner made no reply, but witness thought he looked very sullen. — Cross-examined : Gilfillan spoke kindly to Muirhead; it was rather in a jocular sort of way :he said, " Now, Muirhead, won't you have a dab of mushrooms." Had heard of the quarrel, but they appeared to have made it up again. When Muirhead went to the hsrse's head he had his belt on, and his accoutrements with him. He was the only one who had them on. There were no Maoris in front. Witness understood that the word traitor was applied to Giifilian. Was rather anxious about him when he went oat on the Sunday night. He had no drink on the Sunday. He never went out of the blockhouse on that day. He spent the day reading. — George Scammel, a constable in the Armed Constabulary, deposed to the leading facts as narrated by the previous witnesses. Assisted the last witness to disarm the prisoner. He said something, but witness did not distinctly hear what the words were. Muirhead was put under arrest for refusing to inarch with Giifilian. He said Giifilian was v "junior constable," and he objected to march with him on that account. On the Monday Muirhead seemed very melancholy and downcast. He spoke curiously on the Monday. When going for mushrooms he stooped down and picked up some clover blossom, and asked whether mushrooms were like that.—ln crossexamination, the witness said that the prisoner had a peculiarity in walking, for which he was sometimes chaffed. The prisoner was at the Chatham Islands when the Maoris broke away. He might have been suspicious of Maoris. Believed that Giifilian and Muirhead had been drinking together on the Saturday, but did not know it of his own knowledge. Had known prisoner two years. He was attentive to discipline ; very sociable among his comrades, and generally very quiet. —John Anderson, also a constable, corroborated the testimony of the nrevious witnesses. Witness was on the top of the dray when the shot was fired. Turned round when he heard the report. He could see into the pa-^n™. Saw the prisoner at the door of flu; sergeants' room. Ho had his rifle in his hand, and smoke was issuing from the muzzle. He said, " Ah, the cowat-d shan't live." Believed those were the words. Somebody said to prisoner, " You bloodthirsty wretch, what did you do that for?" The )risoner pointed down the road, and said, ' Don't you see the Maoris." Witness saw prisoner two hours before the occurrence. There seemed nothing wild about him, and he spoke in a rational manner. Witness belie »od he was at that time in his full senses. —Cross-examined : Witness was not sure about the words used. Could not give a reason why Muirhead should call Gilflllan a " traitor" or a " coward." There were no Maoris down the road when the prisoner pointed in that direction. Never heard the prisoner chaffed for doing strange things while on sentry,—such as fixing his bayonet when there, was no occasion to do so. — Frederick Charles Smith, sub-inspector in the Armed Constabulary Force, deposed to receiving information, while at Kihikihi, that Constable Giifilian had been shot. Bode immediately to Bangiawhia. Gilflllan was not dead when he arrived. Examined his wound.. A bullet had entered the left breast, and passed out at the back, just under the Jeft shoulder-blade. The wound caused by the egress was rather higher than that in front. Saw the prisoner. He said he knew what he had done. Cautioned. him as to any statement he might make. Examined the rifle of the prisoner, and found that it had been recently fired off. "He was one cartridge short of his regular supply of ammunition. The witness said he had ordered Giifilian and Muirhead to march an hour in advance of the detachment. Giifilian was to be in charge. Muirhead declined to march with Giifilian, because he said they had had a quarrel, and were at variance with each other. Prisoner marched with the main detachment. Had known Muirhead since the latter end of 1868. He came under my command the 2nd of January this year. Witness never saw anything in his conduct to indicate that he was insane or .an irrational being. Witness observed on the Saturday that Muirhead was under the influence of liquor, but there was no appearance of insanity or madness about hint.— Cross-examined : When witness arrived on the scene Muirhead was sitting down, with his hands tied behind his back, and looking on the ground. He was rather flushed. Witness'asked prisoner whether he knew him. Wanted to see whether he was in his right senses. Ordered the two men to march in advance because they had been drinking. Did not ascertain from Giifilian whether he had had a quarrel with Muirhead. When taking his statement Giifilian said he had no animosity against Muirhead. The prisoner was always a smart, clean soldier while with witness. He was always most respectful to his superior officers. Believed him to be a man of some education. Was , not aware that the two men were extremely friendly. Dr. Waddington was the first me- ( dical man who arrived. He came about an hour after Gilfillan's death.—Dr. John Carey, 1 a duly qualified medical practitioner, having charge of the Constabulary, depoied that he

received on the 20th of March a telegraphic message to the effect that a man had been shot at .Bangiawhia. Proceeded there at once. Arrived there at 8 o'clock. The body was quite cold. Death had supervened several hours. Death was caused by a gunshot wound (The witness described the appearance of the wound in nearly the same words as the previous witnesses.) A great amount of hoamorrhage had taken place, which haemorrhage was the cause of death. Made an external post mortem examination, and ascertained that the ball had passed through the cavity of the chest. Witness saw Muirhead. Had no conversation with him. He was very quiet.—Cross-examined : Delirium tremens arises from drinking. . Its effect is to dissolve the brain. It may leave behind it debility. The brain might be disordered, but there would be very slight organic change. Laudanum is a proper remedy—in fact, sleep is the remedy for it. The disorder is continuous, but the delusions may be inter-mittent.—Re-examined: A person having been put to sleep usually wakes up recovered. The paroxysms occur before sleep is obtained. Sleep is the cure for the disease. There is not usually a relapse unless the person begins to drink again. There might be a slight relapse after sleep. —Laurence Joseph Slattery, also a constable, deposed that he inspected the rifles and ammunition of the men before and after this occurrence. Each man should have 40 rounds. The prisoner had his proper supply before the occurrence. After it he was one round short. The prisoner was a man who drank constantly. He was what is called a " tippler." He never drank to such an extent as to incapacitate him for duty, but he was always drinking.—This concluded the case for the prosecution.—Mr. Hesketh said he would call one or two witnesses — one as to the facts, and the other as to the state of the prisoner's mind.—George Prince, formerly a constable in the Armed Constabulary, said that Muirhead had been drinking very hard on the Saturday. He was in a " muddled" state from that to Monday. Knew Giifilian. Never saw the prisoner and Giifilian quarrel. They used to argue together. They seemed friendly. Giifilian would sit on prisoner's blink for hours together. Giifilian appeared to think more of Muirhead than anyone else. The Witness described the condition of the prisoner on the Sunday, the day before the occurrence. He was lying in bed the greater part of the day. He was ill. Witness got him a little brandy, but he could not take it. About nine o'clock at night he took off his boats and coat, and went out. There was great uneasiness about him. He was not himself. The guard was sent in search of him, and returned in two hours without finding him. Witness volunteered, with Scholfield and some others, to make a second search. They heard a cry " help" and " murder," and they went to look for him, but they could not find where he was. Witness called him by name,' and he replied " Prince, Prince." Rushed to take hold of him. He said that forty devils had been chasing him; that " one great big fellow had got him down, and had been rolling him." He seemed very mnch frightened. He did not know Scholfield at first. He tried to get away, and said " Look, there is another one coming." We carried him in, and put him to bed. Giifilian proposed to give him thirty drops of opium. He put the medicine in some tea, and witness persuaded Muirhead to take it. (The witness described the placing of the watch over Muirhead, and the other facts already deposed to.) He went to sleep after taking the opium. He was asleep for an hour or two. He awoke up in a fright, and said there was a devil, which just come into the room, and was up in a corner. At daylight witness took him down to a little creek to wash. The prisoner pointed to some willow trees as the place " where the devil started up from the night before." This was on the morning of the occurrence. Witness went back to the block-house with prisoner. Prisoner stood leaning against the block-house. Witness went to gather mushrooms, and found Muirhead in the same place on coming back. Witness did not think the prisoner was capable of distinguishing what was right from what wos wrong—Cross-examined by Mr. Brookfield: The prisoner was shaking and trembling on this Sunday night. Witness said he did not tender this evidence before because he would not let everybody know what he knew. He never gave the account of the matter to the magistrate. Witness was dismissed the force for theft. Witness saw the prisoner up to 12 o'clock. Did not go away with the first dray, at 9 o'clock.—Re-examined: Was present at the Magistrate's Coart, and would have told what he knew if he had been asked. The same at the enquiry before the Coroner. —Nepean Kenny, sub-insDector of the Armed Constabulary, said the prisoner was fourtefen months under his command. Always found the prisoner a good soldier; in fact, good in everyway. He'was a peaceable, quiet man. His general character was good. Did hear that he drank, but did not know it of his own knowledge. Witness never saw the prisoner the worse for liquor.—Captain William Esdile Thomas, formerly Besident Magistrate at the Chatham Islands, was there when the Maoris broke away. The number of Maoris who got away were 299 ; Muirhead was there. He was bound by the Maoris. Muirhead was a member of the Armed Constabulary! He was a very good man ; he. was willing, respectful, obedient, but he was addicted to drink. Except under the influence of liquor he was very peaceable and well disposed.— Mr. Brookfield recalled Sergeant Skene and Constable Scammell to contradict Prince's statement that he saw the prisoner up to twelve o'clock on the day of the alleged murder. — Sergeant Skene deposed that Prince went from Bangiawhia on the dray which went away between nine and ten o'clock in the morning.—This concluded the evidence in the case.