PRISON TRAGEDY.

Gisborne Times, Volume VIII, Issue 499, 12 August 1902, Page 3

PRISON TRAGEDY.

WADDER KILLS A. PRISONER.

The following are fullor details as to the shooting of Henry Surry, at Fort Cautloy, j for which Warder Aynsley was hold blamoless:— Surry, who was just about completing a aentonco of throe months’ hard labor for vagrancy, quarrollod with a follow-prisonor named James McKay. The breach between tho two appoarod to have been hoalod, howovor, and tho men seemed to I have boon friendly during tho dinner hour. This friondlinoss was, however, only assumed, it did not requiro much provocation to rovivo tho old enmity. I That provocation was given by one or tho other about tho middio of tho aftornoon,

and tho quarrol assumed a more serious aspect, coming from words to blows. Surry was tho one to use violonco, attacking McKay with a shovel, which ho was Using in connection with his work. Ho struck McKay a hoavy blow on the hfiiid with the shovel, knookinghim down and inflicting a out on the head. Warder Aynsley, who was in charge of tho gang, went to McKay’s assistance, when the infuriated man turned his attention to his keepe" lattor ordered Surry to Btand to put down his shovel, but this tho prisoner rofusod to do, | and ho advaneod on tho warder. When within striking distanco ho attacked the I warder, hitting him sevorai times with tho I shovel and cutting his lip. The warder kept on his guard, and repeatedly ordered the Drisonor to desist, or ho would be fired

upon. Surry maintained his menacing attitude, and the warder slowly retreated before him, holding his rifle, whioh was pointed towards the prisoner’s legs, at the hip. In backing away the warder stumbled, whioh gave the rifle an upward tilt, while at tho same instant it was discharged, and the contents lodged in the man’s chest. Tho discharge was unintentional, the pressure of the finger on the trigger being caused by tho stumblo and tho warder’s effort to maintain his balance. The prisoner foil to the ground on boing shot, and Dr Laing was immediately sont for, but on his arrival ho could only pronounce lifo to bo extinot. An examination of the body showed that five of tho buokshot with which the rifle was loaded had struok tho prisoner, four being in tho breast and tho fifth noar tho loft armpit. No other warder was within sight when the fatality oceurrod, and none but prisoners of the gang saw it. Theso prisoners say that Surry’s manner and oxprossion wore those of a maniac. j

Surry was about forty yoars of age, and was well known to the- police sinco his arrival eighteen months ago. Ho was accustomed to wander round the wharves, obtaining meals from cooks of vessels berthed thereat. The police arrested him three times, on November 26th and Dec. 9th of last year, and on each occasion he was convicted of being illegally on promises. On the first occasion ho was ordered to come up for sentence when oallod up, and on the socond ho was imprisoned for fourteen days. He was again arrested for vagrancy in May, and on the 14th of that month was sentenced to three months’ imprisonment, which sentence he was sorviDg at the time of his death. An examination as to deceased’s mental condition was made when ho was first arrested, but the doctors stated that there was nothing in his demeanour to warrant his committal to the asylum.

At the inquest James Mackay stated that deceased was in the same prison gang with him. On the Monday morning he and deceased quarrelled over the opening of a window by deceased. Witness afterwards put down the window, saying it was too cold. Deceased again raised the window, and then struck witness on the head with his fist. Witness staggered back, and then looked to see where the blow had come from. He then saw deceased with his shovel raised for another blow. Witness warded this off with his shovel, and caught the other I man’s shovel in his hand. Warder Aynsley came up and led deceased away, telling him he ought to be ashamed of himself. Witness heard no reply. At the warder’s order he went to the tap to wash the wound on his head, leaving the warder and deceased talking together. Witness did not see deceased again until after the shooting, and he did not hear the shot. Warder Cheltern separated them. Deceased apologised, and the two had been friendly up to the affair. In the afternoon they were working on the side of the hill, deceased being below witness. The gang also included two Maoris and a prisoner named Hanna, while lower down the hill there was a man named Stapleton and another Maori. All were using longhandled shovels. While witness was working deceased came up behind him without speaking, and struck him on the head with the blade of his shovel. THE WARDER’S EVIDENCE. William Hartley Aynsley, warder, said he had been over io years in the prison service, and about five years at Fort Cautley prison. On Thursday afternoon he was in charge of the gang that deceased belonged to. About three o’clock witness was on top of the bank near Mackay. He then went on to where another prisoner was working to see how he was getting on. On turning round he Saw Sprry going up the embankment towards Mackay with his shovel in his hand. Surry got on top of the bank behind Mackay, lifted his shovel, and

brought it down on Mackay’s head. WitneSs then ran towards the prisoners and asked Surry what he meant by attacking Mackay in that manner, and told him he ought to be ashamed of himself. Surry did not answer him. Witness then told Surry to go down to his work, and went down with him. Surry walked just a short distance, then turned round and faced witness. ’ Then witness asked Surry what he did that for, and he replied in a low voice, “My ear.” Immediately afterwards Surry said, “ I’ll kill him,” meaning Mackay, and added, “and do for you.” With that Surry struck witness a violent blow on the mouth. Witness stepped back and said, “Stop that, Surry.” He then made a blow at witness with the shovel, and struck him on the arm. Then he made another blow which witness parried. All the time witness was cautioning Surry. He was moving backwards up the hill, facing Surry. Whilst going backwards witness stumbled against a rut. The shock of that caused him to tighten his grip on the rifle. He was holding the rifle up with two fingers lightly on the trigger. The rifle went off, and witness then saw Surry turn round gnd fall down. At the time the rifle went Surry was about five feet from witness. the rifle went off Surry had the shovel swung oyer his shoulder, and was ' bringing it down towards witness. After fne rifle went off witness sent for assistance. Since Surry came under his observation he had been a quiet man. On Thursday he was much flurried. By Mr Martin : Witness loaded his jfifle shortly after t o’clock. At the time Siirry was threatening hirn there was no other warder in sight that he could have summoned. He did not raise the carbine to his shoulder before It went off. Mr Martin : On your oath, did you intentionally fire that carbine? Witness : No. In answer to further questions by Mr Martin, witness said he had never had any quarrel with Surry before Thutsday, ■y}( had he ever had to report Surry.