SUPREME COURT.

Evening Star, Issue 3489, 29 April 1874, Page 2

SUPREME COURT.

CRIMINAL SITTING. Tuesday, April 28. (Before Hia Honor Mr Justice Chapman and a Special Jury.) REGINA V. LONG. Sergeant Anderson deposed to the arrest of the prisoner, who made no reply when the charge was told him. After handing him over to Sub Inspector Mallard, witness made a systematic search of Long’s hotel, and in a drawer beneath the bar found the revolver case produced, the cover of which is in the same state now as it was then. It is clean on the inside, with no signs of rust upon it.—-Mr Haggitt 3 Did the prisoner say anything to you after the inquest ? [Mr Barton objected, on the ground that it would be unfair to allow a policeman to retail portions of conversations between him and prisoner.] His Honor: The law is, that unless a threat or inducement was held out, the statement made by prisoner is fair. You can examine the witness as to whether a threat was held oub.

Mr Barton : That was not done. I know Anderson too well for that. Then I ask the Crown Prosecutor in the state of the law not to press the question, for it is not fair in a case of capital punishment. Mr Haggitt said his duty was to get out all the facts. He did not think the answer would turn the scales either one way or the other.

Examination continued ; Long said, “That ra g you found ought to have been burned, ” Witness presumed he meant the pistol case. In a minute or two afterwards Long said, “ V\ hat Douglas said about my buying the revolver is true ; but the thing was of no use—it would not revolve, ”

By Mr Barton ; The M‘Coughlin’s were close together when these statements were made to me, Daniel H'Lougblin corroborated his brother pretty closdy, adding that he saw deceased fall. James said that ic was either a pistol or a revolver that Cong held out; Daniel, that it was something. On the Saturday nightthere was aconsiderable .crowd outside when I took the prisoner away. They were neither shouting nor vio lent, but were groaning. I have been in charge of the Green Island district for some time.

Mr Haggitt r Then my learned friend wili be able to get out the character of the district.

Mr Barton: Now, I will ask this question. I am going to tread on dangerous ground and risk it, Do you know the character of

Pat Long?— Witness said that he believed him to be a quiet, peaceable man. He knew nothing wrong about him. .Mr Bart >n expressed himself as satisfied with the answer, aud told witness to stand down.

Frederick Mallard, Sub Inspector of Police : I- saw prisoner after he was brought to the Police Station. I entered the charge —that of shooting at and killing one Nicholas M'Douald —in the watchhouse charge-book. ('n the charge being rea lto the prisoner, he replied, “ i was nob outside my bouse at all that night. I heard the. row and heard shots, but I did not go outside. I shut myself in, as a stone had broke • my window.” That was all he said I have been in the police force of the Province of Otago for eleven years. Ido nob know the Green Island Uisuict thoroughly well; though 1 have known it since I have been in the town—two years. The character of the district for the past two years has been the same as other suburban districts. No complaints worth mentioning have reached me. Mr Barton read an extract from the ‘ Otago Daily 'limes’ of the 4th July, 1872, in which Sub-inspector Mallard was reported to have said that there was something unusual in the case, and made some very strong comments on the prevalent state of larrikinism there. The learned counsel asked if the Press did not help the police in this matter by inserting such paragraphs as “Larrikinism in Green Island!” “Larrikinism in Green Island again ? ” —There were, if my memory serves me right, one or two locals in the papers as to the conduct of the people there after that. Do I understand you still to adhere to the opinion that the district is not really .worse than you stated ? —I don’t think so. Not exceptionally so. Is larrikinism so prevalent in all of suburbs ?—There is no doubt that it is chronic sometimes. I see you yourself laid an information against three young men in the district-—the same as these mentioned here to-day ;is that so ?—lt certainly was a strange coincidence. It was very probable that the character of the district had materially altered during the past two years. It was a very extraordinary thing in'a district like Green Island that there should only be three charges dealt with in one year. Mr Haggitt: Are thes* cases which Mr Barton has produced the only ones of larrikinism which have occurred iu the district during tho past three years?— They are. 1 should call such a district a quiet and peaceable one. Such things frequently occurred, not only in the other suburbs, but also in Dunedin.

Mr Barton : Is it within your recollection that Farrell and b’ergt, Bevan went out there to inquire into some complaint made by Mr Allan, the schoolmaster ? —I don’t remember it at the present moment; such may have been the case. Sergt. Bevau is here, and he would be able to tell you. Robert Burns, M.D., detailed the result of the usual post mortem examination held by him on the body of the deceased on Monday, March 2. Found a bullet in the skull of deceased. The wound in the head was sufficient to cause death.

Mr H aggitt; That is the case for the prosecution.

Mr Smith opened the defence, and intimated that Mr Barton would sum up the entire case. The jury should dismiss from their minds everything they might have neard- or read in connection with this case, -the Press had gone out of its way to represent this as a most brutal and coid-blooded murder. Indeed the action of the Press in the case had almost provoked the making of a similar application to that made in the Court on the previous morning to get an attachment against the Frees, and have punishment awarded for contempt of Court ihe papers had done all they possibly could to bias the public mind before the prisoner had even been'placed upon his trial. The jury must be perfectly aware that the whole gist of a murder was the malice that was shown, and unless that malice conld be proved the murder could not be a wilful one—could not be ijaurder. He thought they would already say, from what they had heard, that Long was not guilty of this crime. Whether, under the advice of the Judge, they would bring in a verdict of manslaughter it was not for him so say ; but he trusted that before he had concluded his address and he was sure before Mr Barton had done so, they would acquit the prisoner of both murder and manslaughter alike. There had certainly been a most’unfortunate death bub he hoped they would believe the fact that it was the result of a pure accident. It was what was called by the law a misadventure—homicide by misadventure. And this was exactly what had occurred here. The prisoner had a well-founded apprehension that his house would be broken into, and the lives of himself, his wife, and others would be in danger from an angry and exc ted crowd who were determined to break into the place. He then went round the back with a pistol in his hand for the purpose of discharging it over the crowd, in order jbo frighten and disperse them, bat, unfortunately, through the trigger pulling hard, and depressing the pistol, which consequently fired into tfie crowd instead of over it a human life was sacrificed. There had been an enormous amount of exaggeration in the ease—exaggeration which 'he trusted would

bfl measured at its proper value by the jury Did they believe that Long had made the remark attributed to him before tiring the pistol? The men who }iad given evidence upon this subject were extremely untrijstworthy. The witness Lowry had been proved to have a most treacherous memory and they could not therefore give much weight to what he had said. With regard to the larrikinism of Green Island, there was not the slightest doubt of its existence, notwithstanding what Mr Mallard had said. Ihe neighborhood was notorious in this respect. Let them remember that not only was an excited mob of men in front of the publichouse, threatening and attempting to break into it, but that an attempt was also made at the same time to break in at the back. Under these circumstances, was it a very extraordinary thing that the man before them, fearing for his property, and perhaps his life, bad exercised that power which the law undoubtedly gave him, and ' attempted to tnghten the mob at way by going among them and discharging hia weapon over their heads ? One part of the evidence for the Crown was directed against the prisoner wropgfplly. Ihe words of the Crown Prosecutor were that he went round to the back of tho house to deliberately aim at and shoot the deceased. That the evidence for the Crown does not bear out this theory he could say most confidently. The witnesses for the Crown do not bear out that assertion, for they say that the deceased was among a crowd of about 15 to 20 persons ? and was it likely that if prisoner s intention was to deliberately shoot

deceased he would nofc single hioa out ? He did not intend to deny that deceased met bis death by a shot from a pistol tired by the prisoner ; he was bound to say the evidence on that point was clear enough, but what he intended to do was to show what the motive was. After commenting upon the evidence of the principal Crown witnesses, dpence and the M.‘Loughlin’s, whom he said had tried with all the skill they could to hide the animus they felt towards Long, counsel asked the jury to reject it as unworthy of attention. He was quite satisfied that upon consideration of the evidence of Norman M'Cahethe jury would come to ' the conclusi n that the death of M‘ Donald was a misadventure~aocidentalhomicido. Consistently with, their oatihs and consciences they conld acquit the prisoner both of tho offence of

murder and of manslaughter. Was it consistent with the prisoner’s previous character that he would commit a wilful and malicious murder ?. Anything savoring of cruelty was utterly inconsistent with the character the man previously had borne. He had no hesi tation in saying that the evidence in the pri soner’e favor was overwhelming, and that he would be fully entitled to an acquittal. The following witnesses were called for the de fence:—

W. P. Pearce, contractor, said deceased had been in his employ. He discharged him because he was inclined to he quarrelsome. Witness knew Long to be very peaceable. Jessie M'Sweeney, the wife of Thomas M'Sweeney, said she was at Green Island on the night on which the man was shot. Her hj isband poh the worst for drink. She saw him in I .ong’s Hotel. Both her husband and deceased ashed for drink, which was refused Deceased was no r - drunk, Long came to her nd said hj » was sorry to see her husband so drunk, but it was not in his house where he got it. Her husband and deceased were turned out of the hotel. Long came out and sai 1 if th -y would go home he would give them a bottle. Witness said, ":»h, never mind whereupon Long gave her a bottle of porter. They said they were willing to pay for the drink, and tried to go into the hotel again, but were pushed out. When witness requested Long to give them something he did so. M'Sweeney, who was drunk, went and lay down at the roadside in a ditch. She stayed by her husband, and deceased went back to the hotel. She heard a row like

Mr Barton: Don’t be afraid, Mrs M'Sweeney; all the larrikins iu Green Island shan’t touch you.—(Laughter.) Witness ; There was a row like stones. She saw a tall man kicking deceased, who said, “ For God’s sake, don’t kick mo in the stomach.” She asked if it was her husband, and was told it was not. She did not hear the report of a pistol. She had known Long for tan months, having on several occasions been there looking for her husband. His house appeared to be well conducted. She did not believe he would shoot a man intentionally. By Mr Haggitt: She did not think the stones were thrown against the hotel.

Wednesday, April 29.

Minnie Docksan (13) ; I was living with prisoner and his wife ou February 28 and bad been for over a year, prisoner sending me to school and clothing me, ■ I received no wages, but I used to do what I could for them in return for their kindness. On that night I was in the kitchen, and Mrs Long locked the outer kitchen door. I heard somebody shoving at it and cried out to Mrs Long, but she said, “ Never mind, go to your bed.” The noise was like anybody trying to smash the door open. At the same time a lot of noise was going on in front of the house. Lt was an awful noise that I hea d, and I was frightened. Mrs Long told me not to open the door. My bedroom is upstairs, and I went to bed. The noise in front of the house I heard for nearly half-an-hour, but I did not hear a pistol shot. The house is a wooden one. Prisoner and his wife were always good and kind to me. I never heard such a noise as on that night. Cross-examined: There are two doors from the kitchen, one leading into the bar, the other to the outside of the house. Both were shut. There are two doors at the back of the house just under my room, but I did not hear either of them opened. The noise continued for about an hour. Hugh M Master, farmer and butcher: I come through ‘>reen Island twice a week. I have known prisoner since he has been in the hotel. I always found him very civil and obliging, and if I wanted any sixpenny or threepenny bits, he would let me have them. He also used to assist me with the cart at times, as T was a cripple. I am not afraid to give evidence as to the misconduct of certain parties in the district, No one ever interfered with me. No, I’m not afraid. I did tell you (Mr Barton) last night that I was afraid.

Cross-examined : lam not afraid to give evidence.

Alexander Allan, Government schoolmaster at Green Island; Outrages have been perpetrated on me, and consequently I keep a loaded fowling-piece in the house. My buggy was once taken away and thrown down a bank and smashed. I reported the matter to the * Times,’ for which paper I was correspondent at that time. Two sheep ot mine were also mutilated. I could not make a police case of it, as a government schoolmaster is so dependent on the public that he dare not complain. I have heard that personal violence was threatened me. and that another person was waylaid by mistake for me and beaten. About four weeks ago I heard my buggy moved again. 1 had not then my gun loaded. Would you have shot at whoever was doing it, if it was loaded? [Mr Haggitt objected to the question, but his Honor decided that, although of little use, it might be asked.] —I would baye fired ovejr his head, fo intimidate him. Prisoner has complained to me of the rowdinesa of the district, saying he was troubled very much by parties at nighf, and asking me to try and get policemen stationed there. I was occasionally at his hotel, and always found him highly respectable—could not be more so. I have seeu him refuse liquor to drunken people. He is obliging and charitable ; I have seen two instances of the latter.

Gross-examined ; I atq not now Government schoolmaster, hut was at the time. I am at present suspended on account of a slight difference of opinion between myself and others. Ido not know that the reason was my drunkenness; I never heard that such was the case. A committee was appointed, and I was suspended, but I never saw the report. I have had the fowling-piece for four years, and kept it loaded all that time. I used to keep it loaded for rabbits, not only on account of larrikinism. I have never seen' any articles in the ‘Times’ on larrikinism, except such as I wrote myself. My sheep were not so very much maltreated. Ido not suspect my neighbors of having done it on account of the ram getting amongst their ewes. The ram is a Cheviot half-bred, biit I don’t know if the people there don’t care about that breed. Among the cases of larrikinism, was one when my mare, which has 1 a long tail, came home ope morning with' a log tied to it. There have also been oases of apple ptpalihg and fowl stealing, but 1 never heard of a burglary out there. [To his Honor : I never stole apples when I was a boy ] Charles Samson, of Green Island : I was at the hotel at about six o’clock on February 28. Charles Penman was there, and Andw. Kerr, and the latter was paying me rent Prinoner provided me with pen and ink, and I then paid some money I owed him and went away. Prisoner’s character has always been respectable—in fact, I hiak he is too respectable for the line of business, and is always quiet and well-behaved. Thomas Brown, fellmonger: Deceased worked for me for at least a fortnight, and bad told zqq he had been locked up for drunkenness. I have known prisoner for four years, and found him always peaceable, straightforward, and civil. Mr Haggitt: 'To save time and trouble in examining a large number of witnesses, 1 may state that the Crown is prepared to admit the fact that prisoner had been up to the time ot this offence a civil, quiet, aud obliging man.

Mr Barton: B\it that is not enough for us. We must disabuse the minds of the [jury of

the impressions created by the statements that have crept into the newspapers to the effect that prisoner and his wife were anything \mt peaceable and quiet people. And we must hear this admitted in such a way tliat no man shall dare to open his mouth to to the contrary. The foreman of the jury intimated that the j ary were perfectly satisfied on the point that prisoner, up till this occasion, had been a quiet, respectable, peaceful man. Mr Barton : Then, I shall not call all my witnesses.

Barbara Shand, of Green Island : I keep a farmland live opposite the Kaikorai Rote', which is my freehold property. Prisoner I always found kind and obliging, and straightforward for anything I have seen. I always heard people say he would not supply drink to those who had too much, t have heard rows out at Gteen Island, and there were no police, There was fighting on the day following that on which deceased was shot. Cross-examined: The row was on the main roaff I saw seven nr eight men fighting, but did not know any of them. Major Atkinson ; I have had thirty years’ experience of firearms in all bran ;hes. If a man, not well accustomed to the use of a revolver, were about to fire, the tendency would be to lower the hand when firing, I knew prisoner when he was in Marshall and Copeland’s employment, and always thought him quiet and peaceable—-the last man to commit a murder.

Cross-examined : The pressure. on the trigger of a firearm has the tendency to lower the muzzle. I have seen a general order issued by General Wolseley in the Ashantee war instructing the soldiers to fire low. In the police force or mounted forces, when a man wishes to take a deliberate aim, he will rest the revolver over of his left arm, so as to get a rest or support. James Copeland, brewer : I am an officer of Volunteers, and have been for seven years. I know something about revolver firing, and a raw recruit, when in the act of firing, would allow the muzzle to lower as the trigger is pulled. Prisoner was in my employ as carter for some years, and I have known him for eight years.. He is a respectable, decent man, and used to be very kind to the horses. He is a very quiet, peaceable man, and the carter we appointed to supply our private trade.

John Laidlaw, laborer, of Green Island : I was at the hotel on the night of this unfortunate affair, before there was any disturbance. There were several people there, some of whom I knew. There was considerable noise going on, and while I was doing a little business with prisoner his wife called to him, •* Pat, I wish you’d come out and get rid of these drunken men.” He went out, and when he returned said it was a hard life, a publican’s, and one had to put up with a good deal. 1 was then going away, and on getting outside the front door I saw twelve or fifteen men round it, two o whom seemed a little the worse for drink—the one pulling the other away, as if he wanted to get him home. I passed them and had got about three hundred yards away when I met an acquaintance. 1 was speaking to him when the noise got louder, and I went back to see what was going on. The crowd appeared rather larger and the door was shut. A. man was kicking at it with his foot and trying to burst it open with his shoulder. His object was to get some one out to fight him. Prisoner then came round the end of the house and I heard the report of firearms and saw the flash, and immediately a cry got up that a man was shot. Prisoner then turned and went back. I never heard him speak a word, either before he ffred or after. I have known prisoner since he went to Green Island, and he is of a sterling good character, and one of the unlikeliest men 1 co aid think of doing such a thing as this. 1 am a quieo man myself, “amongst the middlings.’ - I have heard of larrikinism out there.

Cross-examined : I saw Sub-Inspector Mallard on the night of the shooting, but do not remember what I said to him. He to«k it down in writing. [Mr Haggitt said the Sub-Inspector would deny that witness had told him anything, but that he said he knew nothing about the matter.] I do not know what became of the pistol prisoner fired, nor did I ever tell anyone I did. I had been in the room with prisoner about five minutes, when his wife called him. I was paying him money, and was about half-an-hour in the house, or more. It was not over twenty minutes between my leaving the hotel and seeing prisoner come round the house and fire. The noise consisted of the two men pulling at each other, and it increased considerably before I turned back. They were ail standing quietly about, with the exception of one man, who was pushing at the door. When ha came away from the door, I do not remember his saying anything. I was twelve or fifteen yards from him, and did not hear him say anything about his bat. When prisoner came round, this man would be in the act of leaving the door, and was standing still, I think, when he fired. Prisoner took my attention when he came round, as I suspected he was coming round to disperse the mob. It was quite natural that he should like to get the man away who was kicking at the door. I did not see prisoner knock against anyone, nor hear him speak.

A witness named Johnson was called, but, on getting into the box, asked who would pay his expenses. ' Mr Barton ; You can step out of that box; and if the larrikins molest you again, you will only 'deserve it. Any witness should give evidence readily in' a criminal case of this description. His Honor : Decidedly j the witness can stand down. 1 This> closed the case for the defence. His Honor was charging the jury when we went to press.