SUPREME COURT.

Globe, Volume XXII, Issue 1838, 13 January 1880, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. MONDAY, jANtTABY 12. The following evidence waa hoard yesterday in these cases after we went to press: Robert Howden deposed to the fact of the procession being assaulted. Witness identified Keilej and Rook as taking part in the assault, with pick handles running along the precession, and striking all they could get at. Cross-examined by Mr Jojnt—l recognised Keiley and Rock standing on the footpath with pick handles in their hands. Rock and Keilej were nearly at the head of the attacking party. I saw a number of men rush out off the footpath, and a party of them go and try to pull down the flag. I saw Rock and Keiley at the Police Depot. I went with Detective Neil to the depot. I gave Detective Benjamin the description of the man, and he said he had him. I picked the men out from the rest of the party at the depot. I had an orange sash on in the procession. When the procession came up first there were a number of men standing on the footpath near Barrett’s Hotel.

Joseph Hanncn deposed to seeing the procession attacked on Boxing Day. I saw a crowd congregated at Barrett’s gate as the procession approached. About twenty or thirty were in the crowd, part of them armed with pick handles. These men made a rush at the band and distributed it. I identify McAvey, Keiley, and Bock ns taking part in the row. They had pick handles in their hands.

Cross examined by Mr Joynt—About two minutes elapsed from the time the row commenced till I was knocked over by the crowd. The procession was close behind me, and when I saw the people standing there with pick handles, I went back to see what was the matter. It was before I was knocked down that I saw Keiley and Rook. I knew them before. I did not bolt into the hay aud corn store, but was pushed into it by the crowd. I know Keiley and Rock, and have known them for four months.

William Armstrong—l was in the procession on Boxing Day. I was behind the Orange banner. A number of men assaulted the procession near Barrett’s Hotel with pick handles. They made an attack on the front of the procession. I identify M'Avey and Keiley as having been present on the occasion. I saw blows struck and the flag go down. I was close to it at the time I saw Adams, Howden, Huston, Beresford, and Toneycliffe.

Cross-examined by Mr Joynt—l am an Orangeman. I was directly behind the Protestant Alliance men. I was opposite the second window of Barrett’s Hotel when the rush was made. This would be about fourteen or fifteen yards from the yard gate. There were several persons standing on the footpath. The armed men came out of Barrett’s yard. One or two went ahead and pulled down the flag, and struck the man who carried it. The attacking party went for the front ranks of tho procession. The band ran away and went up to a large board and remained there. I have seen Keiley several times before Boxing Day. I saw him make an attack upon tho procession with a pick handle. The row lasted about a quarter of an hour.

William Johnston deposed to the facts of the procession hiring stopped opposite Barrett’s Hotel. Witness identified Leary, Cuddihy, and Shanagao, as being engaged in the row and striking with pick handles. Cross-examined by Mr Joynt—l identify these men because I met them before. Leary I know well, and also Cuddihy. The first thing I saw was the banner lowered, and I could not see the rush because I was too far back. When I got to the front I saw people coming from Barrett’s yard with pick handles in their hands.

William Charles Angus deposed to Leary having been present with a pick handle in his hand.

1 Cross-examined by Mr Joynt—l knew Leary before for some few weeks. I did not see him strike any one. I saw a man named Ryan there with a pick handle in his hand. I saw nearly the beginning of the row. I was right behind, near the Orange banner. Matthew Henderson deposed to being present near Barrett's hotel before the procession came np, and to seeing a number of men getting pick handles, '.there were about thirty or forty men getting pick handles from a yard at the rear of the hotel. Witness identified Hanley, Ouddihy, Magner, Shanagan, and Murphy. Witcess saw Cuddihy strike Anderson on the head, and Huston struck by Hanley. Cross-examined by Mr Joynt—l did not know any of the men before. I swear positively that I saw all the men I have mentioned taking part in the row. Murphy came out of the yard with the others. When I first saw them I did not see the procession. I only heard the band. lam positive about Hanley and Connoly being there armed. I told the Magistrate I saw the men with pick handles before the procession appeared. I don’t know whether I said ten minutes before it came up. By his Honor—l think in a general statement made in the E M. Court I stated the time, but I was net asked. By Mr Joynt—l heard Home remarks before the procession appeared, which induced me to stop there. I stood there two or three minutes doing nothing. I watched the men get the pick handles and I then warned the procession. I met the procession opposite Strange’s. I went directly the men had the pick handles in their possession. lam an Orangeman. I had no decorations on that day. I should have had a sash on if I had gone with the procession. I have been an Orangeman for some years. James Watt said he was one of the procession on Boxing Day. Ha was carrying the string of one of the banners. Saw the attack. He could identify MoAvey, Murphy, and Flaherty. Saw McAvey striking a man with a pick handle. Know McAvey before. He was a shipmate with the witcess about six years ago. Was sura about Murphy. Cross examined by Mr Joynt—Flaherty was one of four men who beat Sam Harrigan two doors from Strange’s. I never saw Flaherty before, but took a good look at him that day. I did not identify Flaherty in the R.M. Court. I did not take notice of him then. I am quite certain Murphy was the other man.

William Duke deposed that he wag standing in Manchester street at the time of the row on Boxing Day. Saw Flaher!y standing with a pick handle in his hand. I was within four or five yards of him—that was when the row was over. I saw about twenty other men with pick handles. I saw Flaherty in the scuffle.

Cross-examined—l judged from Flaherty’s attitude in the fight that he was striking. I could recognise him among a thousand. I was not in the procession. Robert Ballantyne (a boy) said he was the son of a brewer, resident in Christchurch. On Boling Day he was marching by the band, heading the procession. On arriring opposite Barrett’s Hotel a number of men came out with pick handles, and attacked the procession. Saw Stephen Barrett, who said, “Keep together boys, and we will take the town.” Did not see him strike a blow.

Cross-examined—l saw Stephen Barrett some time before in the park, jumping. I recognised him in the depot, and I was then told that was Stephen Barrett. I picked him out from a number of men. lam sure he was one of the rioters, and ho is much like the man I saw jumping in the park, with others. When Barrett said “ Keep together boys,” the crowd ware coming down the middle of the road from Strange’s.

John Williamson, a cab proprietor, saw the row at Barrett’s Hotel. Ho observed it from his cab, which was standirg opposite Barre't’s Hotel. Witness could identify Stephen Barrett, who was carrying a pick handle. Saw him use it on a man. Witness drove Huston to the hospital. Cross-examined—l identified Barrett the first time I saw him in the Court. No one pointed him out to me. I had not seen him before Boxing Day. He was with a crowd I also identified Barrett getting into the

’bus which. took him to the Courts I only eaw the row about two minutes. lam certain o£ the identification of Barrett.

Thomas Palmer deposed that he was one of the procession on Boxing Day. He could identify Murphy, who knocked down a little man, and afterwards made a blow at hhn

(witness), but he stepped back and avoided it. Also saw Flaherty there with a pick handle, and a number of others similarly armed. He saw several blows struck.

Cross-lamiaed by Mr Jojnt—l did rot identify Flaherty in the Resident Mngistrate’s Court, because I was not then quite certain. lam quite satisfied now. Flaherty has been at my house several times. Mr Joynt asked the witness to explain how it was that he could identify him so long after when ha was not certain a week after the riot.

Witness.—My missus reminded me of the man as one who used to bring me letters, and when I came to look at the man I recollected him at once. There is no doubt in my mind, about Murphy. George Muir was present at the attack upon the procession, and identified Stephen Barrett, whom he had frequently seen before. Barrett struck a small man with a pick handle and threw a bottle at another man, but didnot hit him. He could identify Hanley and McAvey, who bed pick handles, but witness did not see them strike any one. Cross-examined—l saw Barrett in the gardens. He was nointed out to me as being a jumper. I saw him again in the street. I told Detective Benjamin on Boxing night that there was one of the men he could, recognise as a rioter, but Barrett had pone then. The next day I saw Barrett in Lyttelton, and afterwards saw him in the lockup, where I identified him. Robert Duncan said he was a member of the procession on Boxing Day. Saw Woodthere with a pick handle, he was in company with others, similarly armed. Cross examined—l saw Wood a little this side of the tank opposite Barrett’s hotel. I did not see him me be use of the pick handle, as I was rushed back. The row had then about commenced.

Alfred Read identified Wood, Rock, and Cuddihy as being concerned in the attack on the precession. Cross-eiamired —I have known Wood for a long time. He is a blacksmith. I do not think Wood a fighting man—he is quiet. Richard Smith (a witness whose evidence had not previously been taken in the B.M_ Court) deposed—l saw the riot. There were a few men on the footpath, and when the band came up a number of men, armed with pick handles, rushed out from a little housein the yard by Barrett’s hotel. I recognise McAvey, Hanley, Cuddihy, and Magner. T saw the man using the pick handles. 1 sawons man struck. X was there from the beginning till the Foresters came up, and I thenwent away with them. The procession was not in sight when I first saw the men outside Barrett’s.

Cross-examined-The men outside the hotel simply stood there. These with the pick handles came out of the little house inthe yard. I did not see Matthew Henderionthere. I got away as soon as possible round' Lichfield street, but afterwards returned. Tkept well out of the thick of the fight. I did not see the four men mentioned before. I saw quite enough of them. I did not see the men again until last Friday. I could have sworn to the prisoners named had I seen them walking in the street. I daresay forty or fifty men rushed out with pick handles. I could swear that the four men I mentioned all used their pick handles. I did not see an advertisement in which the police called for witnesses. I cannot read. I told Detective Heillast Friday that I could give evidence. James Moore deposed that he was engaged working on the road for the City Council, at about seven o’clock, in the vicinity of Barrett’s Hotel. I saw about fifteen men walking about, and looking round in everycorner. All the prisoners were there. At half-past nine saw the same people again that is. all the prisoners and others. They ran down Lichfield street and into Barrett’s yard. I saw all the twelve prisoners run into the yard and knock the handles out of picks. I spoke to Woods, who had a piece of iron in his hand. I told him not to molest the procession, as it would ha a serious case. He said to me, “Clear out, or I’ll give you a clout across the jaw.” Between seven o’clock and half-past nine I was clearing the channels. I saw Mr Anderson rushed at by four men, and he was lying there while I remained.. I could not swear to the men who rushed at Anderson, hut they were some of the men I had seen in the morning. Barrett’s gateway was open that morning. The picks were standing against the wall, as though they had just left off work. 1 saw the men taking off the pick handles. I saw the Union Jack torn into three pieces. Mr Eagle caught hold of the flag and carried it into his house. Cross-examined—l not a member of any society. I will swear that I saw the prisoners on the morning of Boxing Day. I recognisethe prisoners by their countenances. I never saw the men before, but I could recognise them a fortnight afterwards. I was working vrhen the first rush was mads. As near as I could tell it was about half-past nine o’clock. The procession was about turning into Manchester street when the men rushed in to take off the pick handles, and Anderson wasthe first knocked down, being the foremost man. The bar of iron Wood held might have been eighteen inches long, and perhaps an inch and a half thick. I have a good memory for faces. I did not notice any house in the yard. At this stage, the Court adjourned till ten o’clock this morning. Tuesday, Janitaey 13. (Before His Honor Mr Justice Johnston.) His Honor took his seat on the Bench at 10 a.m. THE EIOT CASES. The hearing of the charges of riot against the several prisoner was continued. Mr Harper proceeded to call the following witnesses

Thos. Anderson deposed to haring been struck down on the occasion of the row. He identified Hanley as being in the crowd witha pick handle in his hand. On cross examination by Mr Joynt, the witness deposed as to the constitution of the Protestant Alliance, and also to seeing the crowd coming from the back of the hotel with pick handles. The other witnesses called ware James Hogg, Robert Kelson (who identified McAvey, Hanley, and Rock), Richard Sunderland (who identified McArey and Hanley), James Cleary (who identified Ouddihy and Hanley), and Philip Ball (who identified Magner and Rock). In cross examination by Mr Joynt, the latter was proceeding to raise an hypothesis on the evidence, when His Honor said that Mr Joynt had no right to raise hypothesis on the cross-examination. Mr Joynt would respectfully submit to his Honor that he had a right to cross-examine the witness as he pleased. His Honor said that the time appeared to him to have arrired when the relations between counsel and the Judges should be settled. He would rot allow any counsel, howerer eminent, or howerer able, to raise hypothesis on the answers of witnesses, which were for the jury to decide. Mr Joynt continued his cross-examination. Witness —My identification of the men I hare spoken of is gained from seeing them on the 26sh December, and again on the 12th January. There are a number of men who were in the row that I could swear to, who have not been arrested. Charles Widiam Brooks, a constable stationed at Sydenham, deposed—l was at Barrett’s Hotel on the ev<ning <f the 26th December; on the 27th Th m ■ M gier wai pointed out to me as having oeen concerned in the riot I told him he was charged with being one of the rioters. I arrested him, and on the way to the natch-house he said, “ It is a bad job I was there, but I never handled a stick.” He took hold of a tie ho had on and said “It is this that has got me into the o:rape.” James E igle I reside in Manchester street, opposite the Borough Hotel. I saw Moore, the City Surveyor, and Henderson and Beresford on the morning of B -ling Day. I saw some of the prisoners about Barrett’s Hotel before and at the time of the row. Cuddihy was the ringleader, Hanley, Magner, Shannaghan, Flaherty, and Bock were all there, but for the others lam not sure. Every one of those I have me' lioned had pick handles in their hands. There were abrut from fifty to sixty men round about Barrett’s Hotel and in the yard. I can see right into the yard of Barrett’s H.-tel from my place. I saw the men, as the procession was turning the corner, run back to the pickaxe handles and arm thc-m-elvee. As soon as the procession got opposite Burrell's they sallied out and began striking about them with the jick. handles.

Cross-examined by Mr Joynt -It was a little after eight o’clock in the mormng when I first came out. There were a great number of persons loitering on the footpath on the opposite side of the street. The first thing that looked like a disturbance was the men rushing back to the yard and getting pick handles. It was all quiet up to then. The men were in the yard for about three minutes. Ouddiny said, “ Bring a rope—stretch across the street—we must not let them pass. 1 am not sure whether Cuddihy or the crowd said this; but it was sung out in the crowd, I saw the colours pulled down. The men were all strangers to me, but I had seen them, on or off, living at Barrett’s. I don * whether they were living at Barrett 0, but 1 have seen them about the hotel f rom time to time. 1 cannot he certain as to the exact time when I saw Moore. I blows struck, but I don’t know anyone who struck them. He-examined by Mr Harper I do not know for certain whether the rnen I have identified were stopping at Barrett 8. Henry Thompson Oourlay—On Boxing day morning I was in High street just by Strange’s. I saw McAvey and Cuddihy there. Cuddihy had a pick handle in his hand. identify Stephen Barrett as having been in the crowd with a pick handle in his hand. Cross-examined bv Mr Joynt—l had never seen these men before. I pointed Barrett out to a policeman outside the B.esident Magistrate's Court on the Saturday, I pointed him out to Sergeant Wilson, who said he knew him. John Halligan—On Boxing Hay I was in the Orange part of the procession. That is the back part. I identify Cuddihy as having been present in the row. He hit me on the head with a pick handle, Mr Harper intimated that he would strike out the first count of the indictment charging the prisoners with riot aud assault on seven men, and the ninth count for an unlawful assembly. He would elio admit that the actual bodily harm charged could not be sustained, as it was surplusage. This closed the case for the Crown. Mr Joynt then opened the defence, stating that he intended to call witnesses on the subject of identification of the prisoners. He intended to call witnesses to show that the identification of eight out of the twelve at least had been a mistake. As regarded McAvery, Hanley, Cuddihy, and Be ary, he bad not been supplied with any evidence to refute that led by the Crown. As regarded the others, ho s evers, he thought he should be able to prove that with regard to some of the prisoners that the witnesses for the Crown bad made a mistake.

On the part of Murphy, Mr Jojnt called Cornelius Dyer, Peter Pryde, Dauzia Cant, and John Nichols, but they failed to appear. Mr Joynt then called evidence in favor of Magner. William Murray—l reside at Lincoln, and know Magner by sight. I remember Boxing Day morning. There was a disturbance near Barrett’s. Magner was with me at the corner as the procession came down towards Barrett’s Hotel. We remained there all the time the row was going on. Magner was with us all the time, and did not lake any part in the disturbance- He did not go into the crowd till after the rush was over. He had nothing whatever in his hand. Magner did not go up to the row at Strange’s. We remained at Bennett’s corner all the time. We were apart from the crowd. After the row was over he went over and stood by the tank near the Borough Hotel for ten minutes or so, Magner was still with me. During the half hour w« were together, Magner did not take any part in the disturbance. I saw pick handles being used. Magner was not in the row. Cross-examined by Mr Harper I only knew Magner that day. I only saw him that morning or the evening before. I saw Inspector Broham in the row. I saw the rush from Barrett’s when Magner was by me at Bennett’s corner. Thomas Mackay gave evidence oorrobora tive of that of William Murray. Magner and witness had breakfast together at Barrett’s, and went up Manchester street for a walk. M gner, Murray, and witness were at Bennett’s corner when the procession came along. They remained there until the row was over, when they came and stood by the water tank. Magner never left witness the whole day. They had dinner together. Magner never bandied a pick handle or hit anyone that morning. Witness ■aw Inspector Broham that day. Magner never went near him.

Mr Joynt called the following erideaoe for Murphy. Danzie Cant —I know Edward Murphy. I ■aw him on Boxing Day morning. Wo breakfasted together at Dyer’s house, about three miles from Barrett’s. Wa breakfasted about nine o’clock. I left there about nine or half-past, and left Murphy there. The row was over, X believe, when I drove past Barrett’s. It took me about a quarter of an hour to drive into town.

Cross-examined by Mr Harper—Dyer’s is this side of the steam wharf. It _ might not be more than two miles. I drive a good moke, and generally go about eight miles an hour. Mary Buxton —I know Thomas Woods. I saw him in my own house on Boxing Day morning. I called him about seven o’clock, and he had breakfast between eight and nine o’clock. My house is about half a mile from Barrett’s Hotel. Biohard Miles—l know Thomas Woods. I had breakfast with him at Mrs Buxton’s house on Boxing Day morning. I asked him to go to the picnic at the Eioet course. I did not go. I went to Barrett’s, and saw soiao men standing there. I saw Woods standing on the footpath whilst the row was going on. He had nothing in his hand. Each time I looked over I saw Woods ■landing still and doing nothing while the row was going on, I was standing near the tank. Woods was between the bar door and ■ide door of Barrett’s Hotel. Cross-examined by Mr Harper—Woods is a blacksmith. I saw a bar of iron in Detective Benjamin’s hand. That was the only one I Woods works near the Scotch Stores. I am' not a Catholic; I am a Protestant. I cannot say whether any of the other prisoners ■were there. I knew Book, Stephen Barrett and Woods before in the town. Mr Joynt then called evidence as to Sbanaghan, but the witnesses did not appear. Edward Lynskey, for Michael Bock, deposed —On Boxing Day, I saw Michael Book at Barrett’s Hotel about eight o’clock in the

morning. We had breakfast together that morning at Barrett’s Hotel. We went out into the town after breakfast. _ Whilst we were walking we met the procession in High street. We turned back with it to Barrett’s Hotel as far as the side gate. The row commenced, and Bock and I remained on the footpath. Bock did not go in amongst those who were using the pick handles. Ho took no part in the row, nor did he have anything in his hand. Bock stayed behind at Barrett’s after the crowd had gone. Bock did not hit any one. Cross-examined by Mr Harper—l am now working on the tramway. Bock was living at Barrett’s. Some of the prisoners were at Barrett’s that morning. Wo were in and out of the yard during the morning. I could not eay whether I saw any of these men with pick handles. I swear I cannot identify any per son who took partin the row. We weregoingto walk alongside the procession for amusement. Both Bock and myself had a ticket for the Catholic picnic. Rock did not go. Patrick Sheehan, called for Keiley, deposed that on Boxing Day he was having his breakfast at Barrett’s. While so doing he saw the procession interfered with and the flog taken. Keiley was standing by the bar door by himself. The row was going on towards the yard gate. Keiley replied to me that he did not know what the row was about. He then went into Keiley’s bedroom, which was in the yard, and stopped there for fifteen minutes. Keiley did not take any part in the row. I do not know anything about the second row. Keiley stopped with me for fifteen or twenty minutes after the first row was over. I know Stephen Barrett. I saw him on Boxing Day morning standing close to the tank, about six or eight yards from it. The row was going on at this time. Barrett was perfectly quiet. He was simply looking on. I know about eight of the prisoners. I cannot say that I saw any of them in the row. I did not know anything of the row before it commenced. Cross-examined by Mr Harper—l had been working for Mr Barrett on the drain prior to Christmas Day. Keiley could not have got out unknown to me. I cannot say that I saw Cuddihy go for the flag. I saw a small man go for it. Cornelius Dyer, who was called ior Murphy —On Boxing Day I was in my father’s house at Woolator, Th's is about three miles from Barrett’s. Murphy was at my father’s house on Boxing Day morning at breakfast. We had finished from nine to a quarter past nine o’clock. After breakfast I and Murphy brought in a young celt and harnessed him.

Mr Cant had gone when we had brought the horse. Murphy and I left home at from half-past’nine to a quarter to ton. We stopped at the Wharf Hotel, Woolston. We then drove to the Oaversham Hotel. Murphy stopped in the cart, whilst I was in the hotel for about live minutes. We then went up Madras street to Caahol street, and then into town to Dempsey’s, the chemist, in the Triangle. We stopped there five minutes, Murphy still being in the trap. We then drove to Dan McGuinness’s Brittania Hotel, and then went up Durham street to the North town belt, along! Manchester street to Dempsey’s. This must have been after eleven o’clock. Murphy was with me all the time until half-past eleven, when we went home. We came back to town again at twelve, and I drove him down to the Show Grounds, to the Foresters’ fete. He never took part in any row, or was at Barnett’s at all. I have known Murphy for twelve months. Peter Pryde corroborated the evidence of Mr Dyers as to the hour at which Murphy was having breakfast at Dyer’s house. Mr Harper did not cross-examine this witness, and intimated that there was no evidence as against Murphy. The Court at this stage adjourned till 2 p.m.

On resuming, Mr Joynt called Patrick Costello, who deposed—l sow Shanaghan on the mormng of Boxing Day. I saw him before the row commenced at Barrett’s Hotel. He was standing at Mrs Butler’s corner. Shanaghan was alone. I heard there was a row, and went away up the town. We went to the A 1 Hotel, at the corner of Colombo and Cashel streets. Wo remained at tho A 1 for about half an hour. We went hack to Barrett’s then. There was no row there at all then. Shanaghan took no part in the row at all. He could not have done so without my seeing him. Cross-examined by Mr Harper—l have known Shanaghan for some two years. I saw no row going on. I have seen the other prisoners before, but I don’t know when. I went down to Barrett’s hotel after the row.

Be-examined by Mr Harper—There was a row going on when we left Barrett’s. Henry Haughey—l know Shanaghan. On Boxing day morning I saw Shanaghan at Mr Butler’s corner, shout ten o’clock, coming up from the direction of tho A 1 Hotel with Costello.

Cross-examined by Mr Harper—l could not say whether any of the prisoners were in the row, I did see pick handles used, but I do not know who used them.

Maurice Jangley—On Boxing Day I was in Christchurch about nine or a little after. I saw Stephen Barrett on the footpath in front of Barrett’s Hotel. I stopped speaking to him for about five minutes in front of the bar door. Stephen Barrett went up the street just before the row began. When it did begin he was in front of the lamp-post near Cunningham’s corner. He was walking up and down. He took no part in the row, and had nothing in his hand. He took no part in the disturbance.

Cross-examined by Mr Harper—Barrett kept walking up and down for some time near the lamp post in front of Cunningham and 00-’s. Patrick Gooman called on behalf of Fiaherty deposed. I was in Christchurch on Boxing Day. Flaherty and myself were having breakfast together in Barrett’s Hotel when we heard the band playing. We went out and saw the row till the people were scattered, Flaherty took no part in the row. Flaherty [stepped out during the row, and picked up a pick handle, and left it in the yard. Ha took no part in the row at all, nor did he hit. [Left Sitting.]]