MAYOR’S COURT.

Evening Star, Issue 3109, 5 February 1873, Page 2

MAYOR’S COURT.

Yesterday. (Before his Worship the Mayor.)

The Moray Peace Shooting Case.— We continue our report from yesterday : Robert Hume, examined by Mr Haggitt: I am salesman to Mr John Healey, grocer, Manse street. I remember .Saturday, January 4. I left the shop between ten and fifteen minutes past II o’clock. I live iu Moray place, next door but one to Detective Farrel 1 . On leaving the shop I went home direct along Princes street. I noticed the hour as I passed the University clock. It was between a quarter and twenty minutes past eleven. I went on the left-hand side of the street until I reached the Dowling street steps, when I crossed toovards Gillies and .Street’s office, keeping along that side until I reached the Glasgow Arms Hotel, at the corner of Moray place. After that I turned the corner at the Glasgow Arms towards the Masonic Hall until nearly opposite to it, when I crossed to the other side, I imagine I reached that spot three or four minutes after passing the University clock. On crossing the street towards Matthews’s seed shop I "beard the sound of a discharge of firearms. I did not take much heed at first,, but on turning the corner at Dr Hocken s I heard a second report and saw a flash. '1 hat was two or three seconds after the first. I saw the flash first. I judged from the flash it would be fired about Parke and Curie’s workshop. I quickened my pace on hearing the second report. The witnesses at this stage, on the application of Mr Barton, were ordered out of Court.

Examination resumed : On reaching Park and Curie’s workshop I heard cries, but could not distinguish what was said. I looked round, but could see no one until I reached the cart entrance, and there I saw a man coming up the face of the hill, and said to him, “Holloa! what’s the matter?” The bank is between a blacksmith’s shop and Park and Curie’s workshop, Avhere there is a space where empty cases are kept. 1 do not know who the mau was. As far as I could jud--e he was about my own stature. I did not wait to see wbat became of him. By Mr Barton : Where did you lirst see Farrell—did you see him after tiiat ? I saw him entering his own bedroom. —You did not see him, nor any one with him, until you got as far as your own house? No.—You heard two shots? Yes,—When did you hear the first shot ? On crossing from the Masonic Hall to Matthews’s new shop.—\Vas the night very dark ? it was.—After you heard that shot, did you cross over to Matthews’s new building ? I was at that time in the middle of the road.—How long was it before you hoard the second shot ? About a minute. —How far did you walk ? Where do you think you were when you heard the sound of the lirst shot ? I said I was crossing from the Masonic Hall to Matthews’s seed stop.—How far did you walk before the seco d shot was tired ? I reckon sixty or seventy yards. I never judged it; that is what 1 estimated between the time when I heapd the lirst sjiot and saw the Hash of the second’ shot.—Then when you saw the Hash, the report did not come to you for some little time ? Very fjuickly after.—Then you ran? No, 1 did not run ; J (|uickened my pace; in fact, if I may use a military phrase, I “doubled I walked more rapidly.—How long do you think you were in getting from the place where you saw the first flash, down to Park and Curie’s ? About a minute.—l understand you to say it would be less, rather than more, than a minute ? Not probably less than a minute. —You beard no more shots ? Yes, I did.—You did not describe them. I was not asked to describe them,—What did you hear ? When t got to a little house where Mr Matthews stores seeds, I also saw another Hash and heard another report. I was nearly opposite the blacksmith’s shop. You had arrived about midway between the corner and Park and Curie’s when you saw the third.Hash ; where did you see it ? 1 surmise, at the entrance of the right-of-way.—Did you quicken your pace, and run ? No. —Did you see any more Hashes? I saw a third one. —On which side of the right-of-way is Claremont House ? On the right-hand side,—lf that shot had been fired 16ft up that right-of-way, you could not have seen it ? I could not help seeing it. It was at an angle of forty-five degrees from the blacksmith’s shop to. Claremont House. How many feet were you from it ? I should say fifty or sixty yards. I would not be certain.—Did you hear the report of any other shot than that? ,No, —It was after that yp« Miy (he man up kank.

No, previous to that between the second and third shots. -Whoever fired the shots, it is evident it was not that man?—lt was not possible it should be he.—You do not know who that man was ? No.—You lost sight of him ? Yes, —You did not know where he came from, or where he went to ? No. Did yon run across to where yon had seen the ilash ? I walked pretty quickly straight to my own entrance into my own right-of-way. I met another man, and asked him, “Is it true that Farrell is shot ?” He said, “ Yes.”— You would have to pass the entrance to the other right-of-way? No, I don’t necessarily pass it. I saw no one come out of the first right-of-way.—After you saw the first flash and heard the last report, you had between fifty and sixty yards to go? Yes.—That is, you would have had that to go from the place where you were at and where you saw the flash ; but instead of going there you went straight to the entrance of your own right-of-way ? Yes. Within thirtythree feet of it? Yes. —You saw neither Earn 11 nor any one there ? Not a soul.— From the spot where you were when you saw the flash, by the course you took to the right-of-way, would it be about forty feet ? More than that.—Ho.v long would it take you to go that distance ? About a second to reach the right-of-way between Claremont and Albion House.—When you arrived at that point you saw no one, neither Farrell nor any one else ? No ; but when I arrived at the entrance to my ow-i right-of-way 1 saw a man standing —Did you ask him a question? Yes, 1 aske I him, “Is it true that Farrell is shot ?” He said “Yes.” — Did you hear any cries? Yes ; I. cou'd not soy what they were. They sounded like cries of murder,—You wont straight to Farrell’s house; were there any people there ? I do not recollect seeing any but Mrs Farrell and her sister, Ennes, and a stranger [ did not know. I said to Farrell “Who shot you,” and he told me. —Do you know Mr Bain? Ye*, I have good occasion to know him.—l hope not unpleasantly? Yes, it was rather unpleasant; I nearly lost my thumb through him.—You know Humphrey? No, I don’t-not that particular Humphrey.—Do you know Ennis; was he there? Yes, I saw him there, but not inside the house. -r- What is Ennis? A tailor. By Mr Haggitt: When the second shot was tired I was between Park and Carle’s and the seed shop. What interval was there between the second and third shots being fired? About a minute. —Where did the sound of the second shot cine from? From the direction of Claremont House apd Albion House. The shot was fired a short distance up the right-of way.—You saw no one come out of the ngbt-of-way or go iuto it - up to the time of your arrival at the entrance of your own gate? No.— How long was it ? As quickly as I could cross the street. - -Did you see the man you spoke to at the entrance to your own right-of-way? Yea.—-Do you know where he came from ? No —You say immediately you were told Farrell was shot, you went into Farrell’s house? Yes.—And you found Farrell was there? He was going into his bedroom. Farrell’s house is in the same right-of-way as your house is, consequently if he had been shot between Claremont House and Albion House, he must have,been carried out of the right-of-way into his house, and you saw nothing of him? Yes. —The distance from Claremont House is ? I think the distance is 15 or 20 feet. I went direct from the spot where I heard the last shot fired to my own right-of-way, and saw no one until I got there. About a minute or a minute and a-half might elapse ; I would not like to to say bow long.—Did it take you a minute to walk sixty yards? Just now you said it took you a minute and a-half to walk twenty feet, I did not cross opposite Claremont House at all. Wasnot Ooustab e Bain there ? Yea.—Did he not jam your finger with the door? That was some time afterwards, — Do yon know Warder Carey of the gaol? I do not know him by that name.—Do you know a man named Daniel ? I know the man by sight. Wa* he there? I did not see him.—By the Bunch : From the time I saw the last flash until I got into Farrell’s house 1 only saw or met the one man to whom I have before referred. Thomas Funis : I am a tailor. I remember the night of the 4th of January, I left in company with my brother, at about ten or a little before, that evening, and went to the house of a friend next to the York hotel, George street. We stayed there a few minutes, and left for hj me. This would be about twenty minutes to eleven. We went into the bar parlor of the European hotel, and were there joined by the prisoner, with whom we had a drink. He accompanied me as far as Tofield’s, at the corner of Moray place and Princes street. I stopped there, and said, “We’re going home ; I’ll bid you goodnight.” He continued his way down Princes street, and I went to my house, which is next door to Farrell’s. I remained in the house for a few minutes ; and then went to Blyth’s, at the corner of the Octagon, for a message. I was away about five minutes. Making a guess, I had been home the second time for about ten minutes when I heard two shots in quick succession ; there was a pause, and then another shot. I became alarmed and proceeded to put on my boots and coat, which I had taken off on coming home. While so engaged the fourth shot was fired. There was a longer pause between the second and third shots tha i between the third and fourth. I ran out a very few seconds after the fourth shot was fired—in fact, almost immediately afterwards. I heard cries of “Murder,” “Oh dear,” and “Is there nobody there?” 1 said “ Is that you, Farrell; ’ and he said “Yes.” There are three turns from my place to the corner; and at the end of the first or long turn I ran almost into his arms. He said, “Call Hume.” I am not clear whether there was any one with him, but I believe Daniel was there when I got him to bis own home. I at once ran for Dr Keimer. I think half-an hour elapsed between the time of my parting with Ryan and my hearing shots By Mr Barton : Ryan did not say where he was going to He was quiet, and there was nothing strange about hi° manner. 1 would not swear to the time at all. Y T ou are correct in supposing that my notions of the various times I have referred to are not clear. Mrs Fanny Walsbam, who resided at Clatemont House, said she remembered Saturday, January 4tb. On that evening (at twenty minutes past eleven by ber clock) She heal'd tWO Shots fired. She ran out of ber back dear on to a platform to her house, which looked into the right-of-way. She heard a scream of “Murder” and other sounds, which she did not catch. Two other sflots came from close to Albion House, and they were fired jn rapid succession. Directly the fourth shot was fired a rpan rushed pasp hep, and went towards Gaol street. He went straight on The right-of-way leads into Gaol street, She called out to the man ; but bo made no reply, bhe was so overcome by what she had seen aud heard that she could do nothing, and was a sort of stupiried until her husband ‘ouohed her and told her to go in. .She did not see anyone in the right-of-way except that man; but in a moment afterwards people were running about in all directions. She thought she heard a “jostle ” at the end of the right-of-way as if some one was moaning, but could see no one, —By Mr Barton : Some clothes were brought by the police to her for identification, since the occurrence. There was shown to her a man’s coat very much like the one produced. She told the police that she thought the coat worn by the man who rushed past her looked lighter than the one produced. The light from her bedroom aud back room, the door of the latter having been open, shone on the man's coat. He was in the centre of the right-of-way, and she distant about five feet from him, close up to her fence. She could see the light stream on his coat as he passed by. The distance from where the shots were fired to where she stood was about twenty-five feet.—By Mr Haggitt; The night Ijejng dark, apd tjw man having run past quiokly, aha would not

undertake to say with certainty what was the color of the coat; but she thought it looked lighter ihau the one produced. Constable M‘Williams said thajt at about live minutes past eleven on the evening of the 4th January, he saw the prisoner, whom he knew at Hampden, on the footpath in I'rinces street, near the Criterion Hotel. Witness proceeded along Princes street, and at Farley’s buildings met Farrell and Bain, whom he wished a good night. By Mr Ban on : Kyan was with a man whom he (witness) did not know, to whom he appeared to be speaking, but he could not say that he was speaking. Kyan was dressed in a suit of dark, or black clothes. Dr Keimer described the nature of the wound Farrell received. Mr Haggitt said that he had six more wit esses to call, and the Court then adjourned. This Day. The charge of shooting with intent preferred against horaas liyan was proceeded with this afternoon and the following additional evidence taken : Mr Hoeken deposed to having, on the evening of Janu try 4th, assisted Dr Keimer to examine Farrell’s wound. He selected from among some bullets shown to him by Inspector Mallard the one produced, which would have caused such a wound as he found Farrell to have received. By Mr Barton : The bullet produced had never been through Farrell or any other man. Ho was shown a number of ballets, of different sizes, he thought, and he selected the one produced as being likely to cause such a wound as Farrell had. The bullet might have been round or pointed ; he could not say which ; all that he would say was, that probably one of the size produjed caused the wound. He measured the wound about one o’clock on the following Sunday. The wound would not have undergone any change likely to affect the measurement during that time. [Left sitting.]