THIS DAY.

Auckland Star, Volume III, Issue 642, 1 February 1872, Page 2

THIS DAY.

The Courtwas as usual densely crowded, and the deepest interest seemed to pervade the people both inside and around the Court-house, respecting the progress of the investigation. As on yesterday, Mr MacCormack appeared for the defence, Mrßrookfield and Mr Rees conducting the prosecution. After the minor cases reported in another column, had been disposed of, the prisoner was brought forward. He preserved the same calm demeanour throughout, taking copious notes and frequently communicating by notes in pencil with his counsel. His manner did not appear to betray that he felt very keenly the position in which he was placed, but he had an air of weariness, aa if the protracted nature of the enquiry, and the minuteness of details of evidence had exhausted his interest in the pro ceedings. The investigation was resumed with the evidence of Mr Broham.

Thomas Broham, Inspector of Armed Constabulary, deposed: At 20 minutes past 1 of the morning of the 28th I received information that some person had burned down two stacks of hay belonging to Mr Russell at the Pa. In consequence, Detective Jeffrey and myself immediately left the barracks on horseback. We went up Symonds street together. He took the Onehunga road and I took that by Mount Eden. I passed tho Eden Vine Hotel about 300 yards at a walk. I observed something at about 300 yards distance coming towards me. On nearer approach I found it was a man. He was coming along on the footpath by a stone wall and quickset hedge. We approached until we were about one hundred yards apart, when he jumped over the fence. I got off my hofse, threw the reins over a gate just opposite to where I was, and ran down to where I had seen him disappear over the wall. I jumped into an orchard and shrubbery, and could hear the man making his way through the shrubbery by the noise of the branches. I pursued him through the shrubbery for some distance, and at length I saw him get into the open and ascend a rise. I took off ray coat and pursued, and he wa» lost to my sight over the rise. When I got to the top of the rise I could see the priioner forty yards ahead of me. He had fallen, and was recovering himself. His coat was then off. He put himself into a fighting attitude. We struck each other a few times. I had a whip in my hand, and 1 hit him with it over the head twice. We then took hold of each other, and had a struggle, and he fell, with me on the top of him. I recognised him to be the prisoner when we first struck at cash other. He knew that I was the Inspector of Police. He struggled, and I raised the whip, again intending to strike him, when he cried, " I surrender ! I surrender ! " I got him to his feet, holding him by the collar. I looked into his face and said, "I charge you with having fired eight shots into Mr. Russell's house, Onehunga, on the night of the 22nd instant. I also charge you with having, within tho last two hours, setfireto two hayricks at the Pa, Onehunga, the pnperty of Mr Kussell." He merely said " Indeed." After a time, he said " Wsll, this will be a feather in. your cap." He also said " the police of Auckland are a set of muffs, and this is but a mere fluko." I Yras still holding him by the collar, and looking sharply at him, and I said " Well, Haley, it is you that has been giviag us all this trouble. I did not think it was you." He said "!Mr Broham, are you a married man? I said "No." He said "Well, then, you can't tell the feelings of a man that is ; but if you were placed in similar circumstances to what I have been, you would have done exactly similar to what I have. If you were to see your wife and little ones starving I would like to know what you would have done. I said " I'd work for them like a man.:' "Ah" he said " but suppose your bodily strength would not allow you." I said, "Is your health bad ? " He said, " Yes, I can't do any manual labor, Mr Broham"; he said, "You think me bad, I am not so ; lam an honest man; it is the leading men of Auckland who are really bad, they are the rogues and vagabonds, there is not a good man amongst them; it is not a good man that will rob i poor man of his crust, and when he does anything they set such as you on his track, but I don't expect any sympathy from you; you are one of the upper class, you are a menial of the ruling powers." " Why," I said, " These are the sentiments of the' International,' this is downright Communism." " Yes," said he, " tbese have been my sentiments for years ; they are nearer being realised then you can imagine ; this is only the begining of it; you have named a name, I shall not repeat it ; the only name I have mentionedisMr Russell's, but the man you haw named has said

" The working men of Auckland have no spirit, and still will not resent it; but I have yet to be treated in this manner. If others would only do as I have done," things would soon mend here. There are your papers, they are equally bad. There is the Herald ; if a poor man writes to that paper, his letter is never inserted. They never give expression to the poor man's feelings; a rich man writes to it, and his letters are always inserted; it only gives expression to the opinions of the rich man." This conversation took place as I was leading him from the place where I had arrested him to the Albert Barracks. The remarks were repeated frequently, and were expressed in an excited manner, and I said to him, "Have you been drinking?" He said, "No; I never drink." I met Detective Ternahan about the cemetery, and we both brought the prisoner to the Albert Barracks, where I had him searched. He was dressed as he is now with the exception of his coat, which I carried over my arm: He wore only one shoe in coming to the Barracks. He had lost the other in the scuffle, and had wanted subsequently to look for it, but I would not allow him. The shoes were of tanned leather, the same he has on now. We had come the direct road, down Symouds street. I had been carrying the coats, and shifted them occasionally to the other arm. I had given them to him to carry, but after carrying them for a few yards, he threw them back to me and said, "No; I won't carry them," I saw Detective Ternahan search him in the Barrack. We found five revolver bullets (produced) in one of his waistcoat pockets and a few matches. It is the first ammunition of the kind I ever saw. Never saw any like it except the bullets which was shown me as taken out of Mr Russell's house. (The Court here compared the bullets so found with those taken from prisoner's pockets.) There was also found a piece of bread in his pocket- I then handed over the.prisoner to Sergeant Pardy and told him to take him to the Lock-up. I then proceeded to the prisoner's residence in Newton accompanied by Detective Ternahan and two others. Mrs Haley admitted us into the house and wo searched it. We found the revolveroase now before the Court without the revolver (produced) also two revolvers and cases and about eighty rounds of ammunition to suit those two revolvers. Also two boxes of ammunition of the same kind but a larger bore (produced). This corresponded in size with five rounds found in his pocket, and that found in Mr. Russell's residence. Found the Schnieder carbine, produced, also the air gun, produced ; and a quantity of ammunition to suit: also the powder, produced, and a quantity of papers all of which we removed to the station ; also note bookg and the papers yesterday identified by Mr. Newman. After taking ihese things to the station we returned to the place where I had apprehended the prisoner. Mr. Russell accompanied us. There I found the slipper lost by prisoner, also the revolver produced in its present state (the chambers missing, the bolt drawn, and the revolver on full cock). It was found two or three yards away from the place. The chambers, produced, were brought to the station the same day in the same state as it is now (four chambers loaded,one empty. I saw Detective Ternahan pick up a charge in Symonds street, corresponding to the empty chamber. I received the chamber from Detective Jeffery. The chamber bears the same number .13 the revolver, and belongs to it, and the revolver fits the case. On showing the pistol to prisoner, he said he knew it. I had found also in his house the hat now produced. I had also seen the prisoner wearing this hat for months. (This was the hat yesterday identified.) The so-called gunpowder was here produced by Mr MacCormick, and found to be iron sand.)

Cross-examined by Mr MacCormick, but nothing material was elicited. George Jeffrey, detective in the Armed Constabulary, examined by Mr Eees, deposed : I remember going to Mr Bussell's farm at the Pa on the 23rd January, between 3 and 4in the morning. On examining the place I found that there had been eight shots fired through different parts of the house. I searched for the bullets that caused the marks, and found two now produced. I never saw a bullet like these before. I have seen the bullet produced as taken from the pocket of the prisoner. They correspond in size, weight, appearance, and every particular. I got the chamber produced from a man named William Burns in West Queen street on the evening of the 28th of January. I had seen him that morning in Syinonds street before daylight between the grave yards. He waa sitting on the roadside. The envelope and letter now produced marked E and the letter marked I), I found on the 28th January in the prisoner's house, in the pocket of the coat now produced. Tito letter runs as follows:— lusimmoo Buildings, January 22,1872. I beg to report that I have sold fifteen Caledonian shares (three, two, and ten), at the prices in the enclosed vote. I shall be glad to see you in the morning, if convenient. (Signed) Jas. Buttle, Pro J. Newman. To Mr. Cyrus Haley, Parnell. William Stone Pardy, sergeant ia the A.C., examined by Mr Brookfield, deposed : On the morning of the 28th Jan., Mr Broham gave prisoner into my custody at the Albert Barracks. I took prisoner to the station; as I was bringing him along, he said, " I am sorry that I did not do for Tom Russell; he ruined me over those Caledonians. I have lost £3000 within the last three months. lam sorry I did not shoot one of them, for then I should have been hung. My wife and children are starving. I wish it had been one of your chaps that had arrested me, instead of Broham, and got the credit of it, for he belongs to the big fellows." To Mr. MacCormick : Constable Shanaghan and Sherridan were behind, and I think they were in hearing. The speaking was all on his own side. He objected to being handcuffed and said he would go along quietly. He also made reference to the Music Hall, I did not question him in any way or induce him to talk. He spoke of his wife having been insulted at the Music Hall when the Prince was there ; he also said " If they had all been of his mind when Tom Eussall closed the books of the Caledonian they would have broken into the officeand carried off the books. He pointed over to the Music Hall and said "My wife waa insulted

there." He also said " some time ago I was very badly off; my wife went to these rich people and tried to sell a few things to get bread. She had taken (some article not remembered) which had been made a wedding present to her when she was married, to Mrs. Whittaker and Mrs Whitaker had beaten his wite down to 7s 6d, and Mrs Whitaker had afterwards sold it at the bazaar, at the Music Hall, for three guineas. He asked us if we were married men, and added it not we did not know what it was to see our children want bread. He was much excited. The day before yesterday he wanted to speak to me about the case, but Itoldhimhe hadbetternot. OnDr Nicholson visiting him the second time he became aeain excited, although he had been speaking to me quietly before that; He was excited when any stranger came to see him on Monday, but he talked quietly enough to me; he also talked quietly and sensibly to his wife. .. To Mr Brookfield: The idea to my mind was that his excitement with strangers arose from his not liking to be seen in that position. He has at no time shown that he did not understand what he was saying. To the Bench: By strangers I mean others than the police. Since he has been in custody he has always appeared to understand perfectly well what he was saying and doing. Mr Brookfield informed the Court that this was the whole of the evidence he was at present prepared with in this case- He would, however, ask that the case be remanded until the other two charges were gone into. He made this application, as, in the event of any fresh evidence transpiring, it might be heard m this Court, and so save the necessity ot his Worship or any Justice of the Peace attending at the gaol. Eemanded accordingly. The Court then adjourned at 1.30 till 2 p.m. On the resumption of the Court after half an hour's interval the charge of

SENDING A THREATENING LETTER

was proceeded with. The Crown Prosecutor thought it unnecessary to make any observations, and

ealied Mr. Buttle who : said On the 22nd January I wrote a letter to Mr Haley enclosing accounts. That is the one. It was written on a full sheet of uotepaper. The two half sheets now produced between two pieces of glass would make one sheet. The shreds and the water marks correspond. I have no hesitation in saying that they were originally one sheet. The envelope produced is that in which the note was enclosed. It was sent through the post. Joseph Newman deposed; I am a sharebroker, carrying on business in Auckland. For some time I have been the agent of Cyrus Haley in regard to mining matters. The letter produced (marked H) was sent to him on the 22nd January. It is in the handwriting of my clerk, and I directed it myself. The two half sheets now produced between two plates of glass are undoubtedly portions of one sheet. I can see by the folds in the paper, by the watermark, and by the shreds in the paper overlapping each other, which exactly match. On the Wednesday after I sent the letter I saw Mr Haley. He said, on entering the office, that he had received my letter although wrongly directed. I do not remember any conversation about shares, but during the day handed in the paper produced. Cyrus Haley was in the habit of keeping duplicate papers, and handed the originals to my clerk. I have seen frequently the document produced, which is his account with me previously. It is in his handwriting, and when new items were added it was brought back to me and the copy taken in exchange. The three last items are in Haley's handwriting, and they must have been taken from the contents of the letter enclosed to him on the 22nd. The direction on the paper B produced to me between plates of glass is disguised, but I recognise certain letters as exactly like of Cyrus Haley's. I have had frequent transactions with Cyrus Haley during 12 months,andon inspecting his writing, I have no doubt that the writing on paper B is his. By Mr MacCormick : I did not post the letter myself, and from my own knowledge do not know when or where it was posted. From the postmark, it must have been posted about 4 p.m. on the 22nd. Was in the habit of buying and selling shares for Haley. I have had no conversation with him since that sale of shares, that I remember, until the 24th, at about eleven o'clock. Have occasionally written him to Parnell. Have used that kind of paper for six months, Half a ream was engraved for me at the time I ordered it.

Josiah Lowry deposed: It is part of my duty to post letters. Mr Buttle, on the 22nd, gave me one to post addressed to Cyrus Haley. The envelope produced (marked E) is that which I posted.

(Left sitting.)

The following cases were disposed of previous to the foregoing :—

DBUNKENNESS.

Two persons were punished in the ordinary fashion for this offence.

LAECENY.

Henry Moss and' John McCarthy, two small boys, were charged with being concerned with the one who was sentenced yesterday for stealing oranges and money from the shop of George Hazell. Several witnesses were heard, and the offence being clearly proved, they were sent to gaol for twenty-four hours, to be privately whipped by the turnkey.

CBUELTY TO ANIMALS

Charges preferred by John Mullally against David Nelson and Thomas Dagnell for ill-treating horses, were adjourned until Monday next.

DESTITUTE PEBSONS* BELIEF OEDINANCE. The case of Alfred Odium, charged by Mary his wife, with deserting her and her two children, was postponed until Saturday.

INSULTING LANGUAGE

A charge brought by Jane Quinn against Anne Mulooaey for abusing her, was also adjourned till Monday. His Worship expressing his poignant regrets that he was unable to lock both the women up in one cell until that day, and enable them to settle the matter.

Why do you open a volume of Dr. "Watt's Hymns ? To see Watt's in it.