MAYORS COURT.

Evening Star, Issue 3110, 6 February 1873, Page 2

MAYORS COURT.

Yesterday, (Before his Worship the Mayor.)

Tiik Moray Pi,ace Shooting Case. —The charge of shooting with intent preferred against 'I homas liyan was proceeded with yesterday. the following additional evidence taken ! Mr Hocken deposed to having, on the evening of Janu iry 4th, assisted Ur Ileimer 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. He was shown a number of bullets, of three 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 produced 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. Joseph Daniels refused to be sworn on the Bible, and made a declaration. He said—l keep a restaurant in Moray place. I remember the night of the 4th of January last, I heard shots fired while sitting on the bench in piy own house. I did not at first distinguish fhp noise as that of a pistol shot. After a pause t heard another noise, and then distinguished that it was a pistol shot. I rose up and went to the door, and hoard screams of murder. I went outside, and not recognising from what direction the screams came, waited a moment. Then I moved as far as the lamp-post at the corner, when I heard the report and saw the Hash of another shot, followed immediately by another, making four in all. The two last shots were fired just under the brow of the hill, near Claremont House. It was so dark that I could not see the exact spot. 1 immediately sprang across the road and ran along the pathway, and had just got opposite Albion House, when I met a person without a hat. I asked what was the matter. He looked up and said, “lam shot.” I then recognised him as Mr Farrell, by the light of the windows of Albion House. I asked who shot him,* and he said “Byan.” I asked what Byan, and be said, ‘‘Ryan of. the European Hotel.” He then paid, let up (

go down to the house. He sang out for Tommy or Annie or some such name, and lights. “Are any of the boys there?" he s dd. We arrived at the house, and found three or four people there. 1 do not know who they were, i passed into the house with Farrell, and three or four others entered at the same time. I did not sec, fee!, or hear anybody after I arrived at the right-of-way. I believe I was the first to arrive, as I did not see anybody. The time the sh ds were fired was wit in two or three minutes of half-past eleven o’clock by my clock, - Crossexamined : The night appeared very dark to me, as I came out from the light. I know Funis. He asked uje if I had seen his evidence, ami I replied that I had not taken particular notice, I did not sre anyone rush into Farrell’s arms when I was with him. No person assisted Farrell from the right ofway into his house. He walked by himself. 1 saw no one meet him, nor d d I hear anyone. The right-of-way, I think, is about seven feet wide. If Ennis had come down the passage, spoken to Farrell, and then assisted him home, I must have seen and heard him. The only people I heard speak to Farrell were near to the door of his house. 1 met Farrell at the Moray place entrance to the right-of-way, within a few feet of the Albion gate, I went the whole of the distance with Farrell from there, and was the first to enter his own house after him.

William Carey, sworn, said : I am a warder in the Dunedin Gaol, and live in Stuart street. 1 remember the night of the 4th of January last. I heard the report of firearms. I heard three shots tired, and sprang out of bed, and struck a match, partly dressed myself, and ran in the direction whence the sounds of the shots came. While dressing myself, 1 looked at my watch which was hanging over the bed. It was twenty minutes past eleven. I heard some person shouting out, “ Murder!'’ and recognised the voice as that of Detective Farrell. 1 then ran to Farrell’s house, and on entering I saw Farrell standing close to the bed with his back towards the door. I asked what had happened. He said, “Ryan, of the Furopean, has shot me,” and added—“Ex-Ser-geant Ryan.” I asked him where lie was hit, and he told me, “ In the back.” I put ray band up and felt where the bullet bad entered, I asked if anyone had gone fur the doctor, and he said, “Yes.” He then sad, “ You had betler let Mallard know,” I left the house, proceeded in the direction of the police-station, up Princes street, and met two policemen at the Glasgow Arms hotel, and told them what had occurred. I then went to Mr Hocken’s house. I asked Mr Hocken to look at his watch. He did so, and said, “It is half-past eleven.” The night was hazy and darker than usual. Sub-inspector Frederick Mallard, sworn, said: I arrested the prisoner at twenty minutes past one o’clock on the morning of the sth of January, near to Reirh and Wilkie's, in Princes street. Mr Keligher and Dr Reimer were with him at the time. I told him when I arrested him I should have to detain him, and immediately searched him. I found on him neither firearms nor ammunition. I then conveyed him to the station. He told ipe that he was on his way to the station to see me about it, I charged him with shooting Detective Farrell with intent to kill. He remarked “ That is a pretty charge, certainly.” I searched him again thoroughly, and found upon him cash L 8 Is, one gold watch, one gold locket, one gold pin, one pair of gloves, pencil, one box of cachous, one piece quartz, one watch-key, ope gold ring, one diamond finger-ring, and one pocket-handkerchief. I then proceeded to the European Hotel. I had been there previously to arrest prisoner, and locked his room. I carefully searched his room, and not finding the keys of a box that was in the room, I was obliged to break it open, in it I fqnnd eight pounds of large sized revolver ammunition, and nine rounds of medium size, both of which 1 now produce, and some rifie ammunition —besides one pistol powderflask, one box of revolver caps, two boxes of sporting caps, one common powder-flask (containing powder), a rifle screw-wrench, twenty-one letters in lady’s handwriting, signed “Delia” (these are the same as were produced yesterday), and a quantity of money and clothing besides. I showed the cartridges which I had found in prisoner’s chest to Drs Hocken and Reimer about the 9th or 10th January. They selected each a cartridge from that ammunition. The doctors were separate when I showed them the ammunition. The cartridges which they swore to in this Court were taken by me out of prisoner’s box. "When I searched prisoner I found a gold locket on him, but the locket produced I found in his box. There is a portrait in it of Mrs F rrell. There is hair on the other side of it, but I cannot speak as to whose it is. I took possession of the clothes prisoner wore when he was arrested, and now produce them. I also produce the shirts, coat, and vest, Farrell wore when he was wounded. Crossexamined : The prisoner was walking in the direction of the station when I met him in Princes street. He appeared perfectly cool and collected, and I have no reason to doubt thijt the statement be made to me -was true. I did not ask him for the key of his box, and not finding one on him or elsewhere ibroke it open. On the following morning I asked him what he had done with the key, and he replied, “You have no right to it, and will not have it.” The pistol caps produced appear to be very old, and not a recent purchase. Similar caps might have been used in the Irish Revenue Service or the Southland Police, in both of which the prisoner was. ihe sporting caps found in prisoner’s box are similar to those used by the force with the carbines, and might have come from Southland. The various articles are such as I should expect to And in the box of an exof pol ce. Amongst the other things found in the prisoner’s box, there were cash L2O, a deposit receipt on the Bank of New Zealand for L 250, and a gold watch. When a constable enters the force he receives arms and ammunition, and has to account for these £o his superior officer, and when leaving delivers them up to the armorer. Caps are not served out to policemen in boxes. I am not surprised to find ammunition in the prisoner’s box, but I amsurpHsed not to find a revolver or pistol with it. Albert Byford sworn, said—l am a gatekeeper on the railway, stationed at Stuart street. I know the prisoner by sight, and remember seeing him in the neighborhood of Stuart street jetty about Thursday, the 2nd of January. I saw him come down from the direction of the Dunedin terminus, and pass down the jetty about two chains. He then stopped for the space of about a minute and looked about him in the direction of the Water of Leith. He then went down Castle street as far as the second telegraph post, and halted again, and again looked in the direction of the Water of Leith for about two or three minutes. He then came back to Stuart street, walked as far as Fenwick and M ‘Vickers’s store. Here he stopped and lit a cigar. He then walked from there to the comer of King street and Moray place, where he halted again opposite a house occupied by a man named Davidson, He stood there for a minute or two, looking in the direction of Claremont House. I then lost sight of him. By Mr Barton-: Mr Byforej, you are an observing man ? Yes.— : Is it your practise to observe apd note of every one that comes your way? lam bound to keep my eye open.—Do you ever look o\ er towards the Supreme Court, and see the barristers in full canonicals of wig and gown? No, they are not such friends of mine.—For instance, have you ever seen me smokiug ray pipe there ? No; I did not know you smoked.—Have you ever seen Mr Macassey walking down Castle street with his hands behind his back like Napoleon? No. — Have you ever seen Mr James Smith walking down there? No.Then you are not so observing in every case as you were in tins particular case ? In this case there was something peculiar which made me watch Sergeant Ryan.—Oh, you did not think he was going to shoot anyone ? No, but I bad not seen hm Mere before, a»d

could not help taking notice of him. How long were you in your present si! nation when you saw Ryan ? I don’t know exactly ! How many hours? I think I was four or five days. This was the case for the Crown,

The prisoner reserved his defence, and was then committed for trial at the next criminal sessions of the Supreme Court. Mr Barton applied for bail, but wasopposed by Mr Haggitt. 11 is Worship said that the charge against the prisoner was a very serious one, and theivf. re would take time to consider the matter, and give his decision this morning.

Tins Day. (Before his Wo ship the Mayor.)

Trespass. —E. W. Hannigan, a settler near Forbury township, was complained against by one Arthur Millan, for allowing a cow belonging to him to wander within the boundary of the township of Forbury. Mr Cooke appeared for complainant, and Mr \V, D. Stewart for defendant.—Mr D. F. Main pro luced the map of the township, but explained that it ha l been deposited with him in the capacity of District Land .Registrar.— Complainant proved that, on the 2nd of February inst.. he and several others drove 41 head of cattle from within the boundan of the township to the pound. These cattle were wandering over the streets and sections. Amongst them wa? a red eow belonging to defendant. Henry Carver and Sylvester W bitty, who also took part in driving the cattle to the pound, said that, when the cattle were inside the pound, defendant claimed the red cow, and drove her away. All three witnesses were positive that no cattle were driven from outside the boundary of the township to the pound. Mr .t swart then submitted that, according to the provisions of the Impounding Ordinance, the r e was no case against defendant, because it had not been proven that the map of the township produced had been deposited with Mr Main, in the capacity of Registrar of Deeds, as required by law. The Bench thought that the objection held good, and therefore dismissed the complaint. Illegal Rescue. —The defendant in the last case was charged by Arthur Millan with illegally rescuing a cow from the pound on the 2nd inst. The case, however, was not proceeded with.

Assault. — Sylvester Whitty complained that George Smith, sen., did assault and beat him at Dunedin on the 2nd inst., at Forbury. Mr Cooke appeared for complainant, and Mr Stewart for defendant. Complainant said, on the 2nd inst., about four o’clock, he was engaged in conversation with some friends in the Forbury, when ten or eleven men came over from St. Kildt about the cattle found trespassing on the township. Words ensued, and in a minute or two blows were struck. He went to the rescue, and was struck down by defendant and kicked. Some of the St. Kilda people took Smith off him. When he got up another scuffle took, when he struck Smith. He was fjrst struck befop hj? raised his hand, lie did not kick Smith in the eye. After the row ' between Smith and Hessey ke said, “Come on, Hannigan. I’ll fight you.” He remembered seeing the club produced after the light. He did not say to Jones “I should like to punch your head. ” He remembered saying to Hannigan “I like your impudence; you have more cheek than the Lord Mayor of London ” Arthur Millan said he did not see the first attack of Smith on Whitty. When Whitty was on was ground he saw Smith kick him, and Smith’s son use a whip-handle over Whitty. He then ran to Caversham to get a policeman. —George Strang raid there was a disturbance at Forbury on Sunday. He stood in his own door and watched, but coqld not distinguish who the parties fighting were. He thought Wh tiy was one of them —William Hessey said it was a question whether he commenced the row or not. He was a L mperanoe man, and therefore was not drinking on that day. He could not say who commenced the row. All he knew was that he was still suffering the effect of it, —His Worship said that the whole aff.iir was a most disgraceful and disreputable thing to all concerned in it. The evidence was defective, otherwise he would have inflicted a severe penalty. There w 8 not sufficient evidence to convict, the information therefore would be dismissed.

Whitty v. Smith, seur., aud Whitty v. Kelly, both cases of an alleged assault, arising out of the impounding case, were withdrawn. Costs were refused.

Henry Carver complained that, during the Forbury skirmish on Sunday, and while endeavoring to separate two men, one, Carey, came up from behind and struck him, leaving an unhapp ’ mark on bis manly person. The evidence, however, was conflicting, aud the complaint consequently was dismissed. Henry Carver v. Hargreaves was postponed till Tuesday, to allow a necessary witness to be subpamaed.