ATTEMPTED MURDER & ARSON.

Auckland Star, Volume III, Issue 641, 31 January 1872, Page 2

ATTEMPTED MURDER & ARSON.

ACCUSATION OF CYRUS HALEY.

Cyrus Haley, a respectably dressed man, lately proprietor of the Restaurant, New Zealand Insurance Buildings, which was destroyed by fire some time back, and lately a speculator in shares, was charged with firing eight shots into the house of Thomas Eussell, Esq., on tho morning of 23rd January, with intent to kill and murder. He was also charged with having on the 27th January feloniously and maliciously set fire to two ricks of hay, the property of Thomas Russell, Esq, He was further charged with sending an anonymous letter to Thomas Rus3cll, Esq. threatening to kill him and destroy his property. The prisoner had a care-worn expression, and exhibited the marks of the blows he had received on the head in his encounter with Inspector Broham. He was defended by Mr. J. C. MacCormick. Mr Brookfield, for the prosecution, detailed the circumstances of the case, which have already been laid before our readers. He further stated that thero was positive evidence as to the identity of the person wLu fired the sliots, ana as to the handwriting of the letter being that of the prisoner. Mr Thomas Russell deposed : I am a solicitor, carrying on business in Auckland. I, am the owner of an estate near Onehunga called The Pah. On the night ot the 22nd my family were residing there, but I was in town, intending to go to the Thames next morning. Mrs Russell and seven children were there. From information I received I went out on the morning of tho 23rd, and reached the Pah between five and six. [Witness produced a plan of the house and grounds, shewing where the assailant must have stood when he fired the shots.] When I arrived I found a shot hole through the window marked No. 1. The windows in front of the house, marked, 1, 2, 3, 4, and 5, are all French casement windows, With glass from top to bottom. I found a hole through window No 1, and the frame blackened with powder, and a bullet hole in the ceiling. In No 2 window I found a bullet hole, and the shot had gone through a pillow and battered the wall beyond. At window No 3 I found another bullet hole, and a hole in the partition, as marked on the plan. At window No 4 I found three panes of glass broken, and the window forced opcu. The shot must have taken the course marked on the plan produced. I will show why I assume it. At window No. 5 a small piece of wood holding the head of it had been forced in, and a shot fired, the direction of which is marked on the plan I know the direction the bullets took, because there were new stiff glazed blinds to all the windows, and the holes shewed the direction. At window No 6 at the back of the house there was a bullethole, and the shot had gone into the partition. I also found that two bullets had been fired into the room marked 9on the plan. I assisted in finding several of the bullets. Witness proceeded to describe the places where the different bullets had been found, and identified those producedThere is a peculiarity in the bullets. They are balls having extraordinarily deep cups or capsules, and they had all been fired out of a five*grooved pistol. I never saw any ammunition of the kind and after several days' enquiry could not succeed in finding any more, neither could I find a revolver which they would fit. From an examination of tho place, I consider that the bullets were fired by a person of low stature, as the holes were several inches lower than they would have been had I fired a pistol through the window. The potvder mark on the blinds show that the pistol must have been discharged close to the window in every case. On the morning of the 25th I received a letter which I now produce. I recognise the handwriting on tho envelope, and believe it to be that of the prisoner. I have never seen him write, but have much of his handwriting in my possession, and some of his private books. I believe the writing of the letters itself to be that of the prisoner, as I have carefully compared it with that in the books. I also discovered that the envelope at one time formed the half sheet of a note. I _ found on it certain " watermark" and jagged edges. I went to Inspector Broham at the Police Station to inspect prisoner's papers. Among them I found a envelope addressed to Cyrus Hale, Parnell, Inside the letter was the account sale of 15 *

Caledonian shares which I now produce, and with it a note from Mr. Newmans clerk, which forms the other half of the piece used as an envelope to the threatening note addressed to me. -By the figures and the letters of the "watermark," and the jagged and crookedly torn edges, and splitting of the papers, I take them to have originally formed one piece. [The papers were then produced and placed between two sheets of glass for the inspection of the Court.] I further identify the papers on account of the original fold of the sheet. The latter is dated on the day on which the attack was made on my house.

The letter was then read as follows :— FIRST AND LAST INTIMATION!

ACCUMULATING WEALTH AT EXPENSE OF AND BY DEFRAUDING THE HUMBLER CLASSES, —CAiEDONIAN BOOK CLOSING —MAKING BAD USE OF WEALTH AND TOSITION. —WIFE HAUOHTY AND PROUD TO THOSE SHE OUGHT TO HELP. INTERNATIONAL. YOURSELF,—WIFE.-PAMILY.— DEATH! , poison—Shooting-Stabbing. PROPERTY.— Fire. SERVANTS (Who do not leave you after notice will share as their masters.) FlNALS.—Within two ycart. Tortures at every opportunity.

(Wo give this document as near as possible like the original. It was drawn up in pencil evidently by one who was a draughtsman.) Examination continued: Haley was apprehended on Sunday morning. I saw him in the lock-up, when he addressed me. He pointed his finger at me, and said, " Mr Russell, you will have to give up thai; gold yet. I said, " I don t know what gold you mean." He said, " You know very well." .He then asked Mr Broham why he was detained there. Mr Broham told him that he had told him before, bui would tell him again if he wished it. Haley made no reply. He then turned to me and said, " You 11 have to divide that gold amongst the people, and made some other similar observationHo again asked Mr Broham to be allowed to return to his wife and children, and asked why he was kept there. Mr Broham said, " You are here for havmg set fire to two hayricks this morning at the Pah." He replied that the gold was'nt under the hay ricks. Mr. Broham continued : " You are here for having fired 8 bullets into Mr. Eussell s house at the pah," to which he replied that tho gold was'nt in the house; and turning to me, said " you know that Mr. Russell:" To that I replied "I was not in the house and you know that." On my saying this he glared fiercely at me, and said " Why did you come here to excite me." I replied " I did not come herO (j to excite you, but merely to identify you." By Mr. McOormick: The floor of tho verandah is not on the same level as that of the rooms. The verandah is two inches lower. The blind* are from three to six inches from the glass. Sis shots had been fired through the glass, and two through tho walls of the house. Those two [were fired into a room used as a pantry. When I was made aware of the nffW it was about 11 a.m. I at once wont out. I heard the shooting had commenced soon after midnight. When I saw prisoner in the cell he was much excited and spoke of his wife and family. I have seen him write, and have frequently seen his handwriting, and know it well. ' During our interview in tho lock-up he was generally much excited, but at times quite rational. Re-examined : The bed in the room marked B, in which the pillow was perforated is that usually occupied by Mrs. Russell. Joseph Newman, sharebroker, deposed : At one time I acted as agent for the prisoner. I have had considerable dealings with him. I have had frequent opportunities of seeing his handwriting. The letter produced, marked B, is in my clerk's handwriting. On the 24th January Haley came to my office and spoke in reference to the account enclosed in the letter. He said, " I have received your letter, but it was wrongly addressed to Parnell, as I was living at Newton." He brought an account with him relating to the shares referred to in tho other account, and handed it to my clerk. The two pieces of paper shown to me between two sheets of glass, evidently correspond ' both in the water-marks <and the folding as being parts of the original sheet, of paper. Tha writing on tho "half sheet addressed to Mr. Russell is, in my opinion, that of Cyrus Haley. I have had frequent opport unities of seeing prisoner's handwriting, in dealings in shares and other matters during twelve months. I have had opportunities of comparing the signature to the paper now put before me with those of the prisoner, and to the best lof my belief it is in his handwriting. James Buddel), clerk to Mr. Newman, said one portion of the paper now shown me is in my handwriting. It was sent to Mr. Cyrus Haley, with the enclosed account. I wrote the letter on a whole sheet. ; Witness was then shown the corres- ' ponding half sheet between two {panes of i glass, and he said distinctly that the two j fragments had been originally portions of one and the same piece of paper. W. H. Fleming deposed—l am clork and office keeper to Messrs Whitaker and Russell, and reside on the premise*. It is part of my duty to take up all letters thrown in the door and place them on the table of either Mr. Whitaker or Mr. Russell. On Wednesday, January 24, I found the letter, the envelope of which is now produced between two plates of glass. It had apparently been pushed under the door between 7 and 10 p.m. I put it on Mr. Russell's table. I remember it particularly, on account of its small size and peculiar appearance. I had a very slight conversation with Mr. Russell about it next morning. Johanna Theresa OKeeffe, a resident near the Royal Oak, at Onehunga, deposed :On the evening of the 22nd I was residing with my father and mother in the cottage, It was in the centre of an allotment having a double frontage. I have seen prisoner before. I first saw him on the night of the 22nd, at my father's cottage. It was between ten and half-past. I noticed his height, figure, and dross, more than his features. He wore a very dark coat of a cut-a-way description, and I think a tight back, He had on grey trousers and a light hat. He knocked at the door 3at which time I was preparing for bed. I opened my

bed-room window and had a few words conversation with him. He was not more than a yard from me. The moon was sninintr brightly. He asked either the way or thl nearest way to Mr Eussell. I can t say which. I directed him He said, "To the hill or up the hill? He then departed. I next saw the man in the Police office: He was among six or seven others, and I pointed him out without hesitation as the man I had seen previously. From the clothes, figure, and size of the accused I have no doubt that he is the man who called at my house on the night mentioned. I cannot speak positively as to his face. By Mr MacCormick; By his figure and clothes I recognise him—not so much from the face, although I partly judge from his face. The clothes prisoner had on yesterday arc like those on the man who called at my house on the 22nd. They are of the same colour and description, and the man is of the same height and appearance. I saw Mr Eussell before the man was taken, but not afterwards till yesterday. lie-examined by Mr Brookfield: On being asked by Mr Broham on the first interview, I gave a description of the man s dress, the same that I have given to-day. The hat now produced is the same colour and shape as that which he wore. [The hat is a peculiar one, white mohair, much perforted for ventilation.] I have no moral doubt that prisoner is the man who accosted me on the night of the 22nd, [Prisoner was then brought round to the floor of the Court and confronted with witness, and the hat put on his head. She said that from the height and general appearance she had no doubt he was the man.] On the evidence being read over tc witness, she said she could not identify prisoner by his features. It was by his clothes that she did so, and she though! his face like that of the man who came tc her window on the 22nd. Thomas Henry Eissell deposed : I am the eldest son of Thomas Eussell. On the 22nd January. I was staying at the Pah. I understand the plan of the house now submitted. I point out my bedroom, marked A, fronting the verandah. Albert Vercoe, my cousin, was sleeping with me. I went to bed sometime before ten o'clock and got tc sleep. I was awakened out of my sleep by my mother coming into my room and saying there was a man on the verandah There is a French window to my room opening on the verandah. My bed was close to the window. I got out of bed, drew the blinds aside, and looked out oi the window. It was a clear moonlight night. It is an open verandah. I saw a man standing outside the window on the verandah. He had his head turned away tho side of him being towards the window. He was looking away from the house. I could see him plain enough, and noticed big genera] appearance. I afterwards saw his full face. He was a short man, a little below middle height, almost bordering on shortness. He had a lark coat on, trousers oi a lightish colour. I thought he had no hat on; his boots were not black; the colour gave mo the impression his feet were bare. It was dark where his shirt should be showing. He had a beard ; it was dark. (Look at prisoner). As far as I can judge the face of the prisoner is the face I saw. (Prisoner brought round to the floor of the Court). The whole appearance of the prisoner—dress, face, fc Oi — are exactly similar to the man I saw, except that his coat was buttoned. ] notice now that the slippers or shoes he is wearing are brown leather. I saw the man on last Monday at the Police Statiori that I believed to be the person I hac seen on the verandah at tho Pah He was with six or eight other men at the police station. I had no difficulty in identifying him as the same person. The prisoner is the same person. I have nc donbt that the man I saw on the verandah, at the station, and now in the dock, is the same person. Mr Broham, Mr Brook field, and my father were in the room ai station when I identified the prisoner Prisoner said"That's not fair, Mr Broham, you told him." Mr Broham had nevei mo a thing about him. On seeing the man on the verandah on the nighi of the 22nd I called to him to go off, He turned his head and looked at me for a moment, and raised what appeared to be the blade of a bill-hook, as if to strike me. I immediately jammed down the blind on the window, A great crashing of glass followed close to my face. 1 then heard crashes of glass along the verandah ; a succession of them. A short time afterwards I heard some more round at the back. I then found the window broken, stained with powder; a bullet hole in the ceiling, and I found a bullet in the hole. The Tine on the plan submitted, marks the course of the bullet from the window to the ceiling. The bullet now produced is the one I found in the ceiling. Found another bullet (produced) in the sitting room. I found the bullet (produced) which had gone through the pillow. I believe the crashing noises were caused by bullets being fired through the windows. The broken wiudow was about on a level with my head, I did not observe the flash, or discover any smell as of powder-Cross-examined by Mr MacCormick: There was no light burning in my room. The man was about a couple of feet from the window. I had my face close to the window. [Nothing of importance was elicited in cross-examination.] (Left sitting.)

A worthy old clergyman in a Scotch town is very absent minded, and has a short memory. It is a common habit with him in the pulpit to forget something, and then, after sitting down, to rise up again, and begin his supplementary remarks with the expression, " By-the-way." A few Sundays ago he got halfway through a prayer, when he hesitated, forgot what he was about, and sat down abruptly without closing. In a moment or two he rose, and pointing his finger at the amazed congregation, he said, " Oh ! by-the-way—Amen! " A New Jersey editor has announced the death of his uncle in Australia, leaving him a gold mine and 400,000 dollars. His village contemporary professes to regard the matter as a plan cunningly, devised to obtain credit for a box of paper collars and a straw hat.

The greatest bore in creation—The Mont Cenis Tunnel.