SUPREME COURT.

Globe, Volume XXIII, Issue 2219, 6 April 1881, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Tuesday, April 5. [Before his dinar Mr Justice Johnston.] FALSE PRETENCES. Patrick Donellywaa indicted for having obtained from Adolphus Moore the sum of £ll9 8s 7d by falsely prete.ding that his rent of certain land at Bahairn was raid, and that he possessed certain property, all of which was afterwards proved to be false. The prisoner pleaded “ Not guilty.” The case for the prosecution was that the prisoner went to Mr Moore to obtain an advance of money and in order to do this, stated that the rent of his section at Balcairn was paid up to May, 1881, and that ho was possessed of certain horses and drays over which he gave a bill of sale to Mr Moore, whereas the facts were proved to be that his said rent was not paid as stated, nor had he the horses and drays as pretended. George Ritchie, clerk to Messrs. Wynn Williams and Beacon, proved the execution of a bill of sale over certain horses and drays by the prisoner to Adolphus Moore. Cross-examined by Prisoner—Witness read the deed to prisoner, and also explained it to him. Adolphus Moore deposed to the prisoner coming to bis office early in December to get an advance on his crops, for which he would give a lieu and a bill of sals. He a>ked for £l5O to enable him to build a house on Lis land, telling witness that his rent was paid up to May, 1881, and also the list of horses, implements, &c., included in the bill of sale The bill of sale was signed, and prisoner received £ll9 8s 7d in two cheques, one of which, £76 8s 7d. was due to Vaughan and Cordner to extinguish their lien over prisoner’s property. Subsequently prisoner absconded. and witness went up to Balcairn to enforce his bill of sale, but there were no implements or horses. Witness had also to pay rent for one year up to January, 188 '•, to save his lien.

The prisoner cross-examined the ■witness at groat length, but there was nothing material elicited.

Aquila Ivorv deposed to hearing the prisoner state to Mr Moore that his rent was paid till May, 1881. Alex Bailey deposed that in December last accused had only two horses and a dray. He had no other horses or drays on his place in December.

Cross examined by prisoner—Witness know that at one time prisoner had four horses and three drays. Edward O’Connor gave evidence as to prisoner purchasing a horse from him, and ultimately, about the end of November, he returned the horse to witness.

Joseph Gould deposed to the firm of Lewis and Gould being agents for the land occupied lay the prisonerat Balcairn. There was halt a year’s rent due in July, 1880, and half a year’s rent falling due on Ist January, 1881. On 13th January Mr Moore, who had been applied to for the rent, paid it up to January, 1881. This closed the case for the Crown.

Adolphus Moore, re-examined by prisoner, deposed that he had never received a letter from prisoner. A letter was sent to Mr Ivory, telling him that prisoner had gone away, and that witness was to look after tbe crop. The prisoner made a rambling statement about the matter. His Honor summed np, briefly commenting upon tbe salient points of the case. Tb* jury, after a very short consultation, returned a verdict of “Guilty.” His Honor sentenced the prisoner to imprisonment for six calendar months, with hard labor. This Dat. fßefore His Honor Mr Justice Johnston.] The sittings were resumed at 10 a.m. WILFUL MUEDBE. Walter Pringle Gibson was indicted for having, on the 25th December, wilfully and maliciously killed one William Kerrison. The prisoner was defended by Mr Holmes, Mr Duncan prosecuted on behalf of theCrown. The following evidence was taken : Jane Kinley—l am the wife of Joseph Kinley, of Kaiapoi. I lived with the deceased William Kerrison for over four year* as his wife. I have seen tbe prisoner. On last Christmas Day I saw the prisoner in the evening between seven and eight. I knew William Kerrison’e sister. She had lived with prisoner, I believe, for close on two years. On Christmas Day she was living, with her child, with William Kerrison. I was also living in the house. Kerrison’s sister came on the Thursday before Christmas Day, which was on a Saturday. Prisoner, on Christmas night, was standing close to the fence when I saw him. The house is about a hundred yards from the road. Prisoner wee on the road loading to Groer.dalc, standing by the gate. A cart track leads from the gate to the house. The gate opens from the road on to the cart track. When I saw the prisoner ho was standing opposite the gate alone. When I came out of the house and first saw the prisoner, the deoeo«?d William Kerrison was with me. We walked towards Ihe gate. The prisoner came towards us when we came to the gate. Wo did not see prisoner until we had got half way down the cart track towards the gate. I saw him first, and said to Kerrison “ Who’s that ? " Kerrison said ho did nut

know. Wo then wont on to the gate. On® of us bid prisoner good evening and he replied. Mr Duncan asked the witness if Kerrison •aid anything. The witness said she could not remember. His Honor asked the witness to remember that this was perhaps the most solemn moment in her life, and that she had come there to tell the whole truth. The witness said she was desirous of doing ■o. but the trouble she had gone through had made her forget a good deal. Examination continued Prisoner asked Kerrison to have a drink, and went to the fence and took a flask out. The deoeosed looked at the contents, which seemed muddy, and the prisoner said, “You needn’t he frightened, it won’t do you any harm.” Kerrison took a drink, and prisoner handed it to me. The flask, I think, contained brandy, The prisoner drank the remainder of the brandy himself. There was about half a wineglassful. The prisoner was inside the gate when he drank it. We were all standing inside the fence. Wo all got talking together. Kerrison then went to the house, leaving prisoner and myself together. While Kerrison was away his sister camo out with the child in her orms. I was still at the gate with the prisoner. Kerrison’s sister camo close to us, and prisoner left me and went towards her. He spoke to her, wishing her a merry Christmas, but I did not hear what sho said. X think he asked her to shake hands with him, but lam not sure. She turned away from him and walked towards the house. Prisoner stood with his hands in his pockets looking after her, and said to me, “It her lam sorry for, it is the poor child.” I said to him, “ Why do you not take the child?” Ho said, "You heard me ask for the child, and she refused to give it to me.” I said " Yes, but you can claim the child if you will put it out and take care of it.” Kerrison then came out from the house towards whore we were standing near the gate. We all then sat down and commenced talking—on friendly terms, no dispute, and not an angry word. Prisoner seemed quite well to know what he was talking about. Ho ■eemod rather pale, but not the least bit excited. The prisoner spoke obout Charlotte, deceased’s sister. I spoke to prisoner about his having advertised for a housekeeper two days after she left him, but there was nothing important. Wo spoke together for about fifteen minutes. Prisoner then rose up and said that ho wanted to go to tbo Half-way House. He asked Kerrison whether he would get something to drink. I said I did not want Kerrison to have any more drink, as he had been on the drink for two or three days before, and was now off it. Prisoner pressed Kerrison to drink, saying if he would not drink spirits he would fetch him anything he wanted. Kerrison declined, saying he was off the drink now, and did not wish to have any more. We then woat towards the gate, opened it, and went outside. Wo stood a minute or two talking, and I asked prisoner where he was going. He said be did not know. I said, “ Are you going to Templeton ?” and he said, “Yes, I think so." He then held out bis hand and shook hands with mo and with Kerrison. Prisoner aeked deceased whether ho had any objection to ehake hands with him, and Kerrison said, “not in the least.” Prisoner turned to go towards Templeton, and we all three parted at tbo same time, we going up the road and he down. We looked after prisoner as be went down the road, and we saw him turn hack and look at us. We went on the opposide side of the road from our house, where there was a high gorse fence. Wo both went into the fence, so that prisoner could not see us. I was standing behind Kerrison in the fence, so that he could see prisoner coming up the road, but prisoner coaid not see him. In oonseqnence of a remark made bv Kerrison to Oox I came out, and the first tiling 1 saw was Gibson, with his coat off. He was then opposite Kerison’s gate, having come back. I went out alone, Kerrison stopping in the fence. When I was going across to prisoner I saw he had a revolver in his hand, I was then about fifteen or twenty yards from him. I went within about five or ■iz yards of him. I said, “ Walter, we are going up the road for a walk, will you come with us ? ” I did not seem to take notice that ho had a revolver. Ho said, “ No, Jane, I’m done for j lam copped.” I went to try to pacify him, and went close to him. He told me to stand off. He said, “ Stand off, Jane, I don’t wish to do you any harm ; I have got nothing against you.” He walked past me, and raised the revolver when he came close by. He dropped it again, and said twioe “No, Jane, I will not shoot yon.” He went a few yards and turned, and came back again. When ho camo back he raised the pistol towards me a second time. He then said, “ No, I won’t shoot you; I wouldn’t shoot a woman.” Just as ho dropped the pistol Kerrison came out of the fence. Kerrison was then fifteen or twenty yards off. Prisoner moved towards Kerrison, and when Kerrison got within four or five yards of prisoner the latter raised the revolver to the height of Kerrison’a heart and said, “ You are the cause of all this, and I will have my revenge.” I put up my hands and said, “ Walter, have mercy on him for God’s sake. Don’t shoot him.” No sooner had 1 said this than the gbot went off. I saw the flash and heard the report. I remember Kerrison staggering in i behind me where I was standing, and made towards the house. 1 had my face to the i prisoner all the time. When he wont a little i distance from me I heard Kerrison moaning, I saw him just getting inside his gate when prisoner raised the revolver again and fired a second shot in the direction, in which Kerrison had gone I turned round, being frightened at the prisoner firing a second shot, and had got half way inside the gate when the third shot went off. I could not see Kerrison afler ho got through the gate, but he wont in the direction of the house. The third shot was in the direction of the road along which I was going. The second shot was In the direction of Kerrison, who was inside the gate at the time. I could hear the bullet of the third ■hot quite plain, but I cannot say how close. I looked back at the prisoner, who said “ Hold on a minute, I have got two or three in store yet.” I kept my eyes on him for fear he should shoot at me. Before I got inside he started to run towards West Melton. I then went inside the house. As I came to the door Charlotte said to me, “ Como inside, Jane ; Bill is shot.” Kerrison was lying on the floor. I spoke to him and asked him where he was shot. He could not speak, but put bis hand to his left breast. I opened his shirt and saw a wound below the collar bone about the size of a sixpence. I then had him removed to the Hospital. When prisoner came up with his coat off, he called out “ Charlotte ” three times.

Cross-examined by Mr Holmes—l had seen the prisoner before the time when the occurrence took place. I have been to the pri ■oner's place twice. I was there the second time some time before Christmas, I think the Tuesday or Wednesday before Christmas. I ■aw Charlotte Eerrison and a man named Murdoch there. I remained at prisoner’s place for the afternoon. Charlotte came away with mo from the prisoner’s. Her youngest brother was with her. She was leaving the prisoner altogether of her own accord, as ho had treated her badly. She took away her box and a few things, for which she asked tho prisoner. He said he didn’t care—that there was plenty of things in tho shop. Mr Holmes asked tho witness what was the state of tho mind of prisoner. His Honor said that this could not bo asked. He was aware that in America that this had been allowed, but not in England.

Mr Holmes said the defence intended to be set up was that the man was insane. Now, the question he proposed to ask was, what was the state of mind of the prisoner, and the point wrs whether a non expert could give evidence ns to the state of mind of the prisoner. Ho should quote cnees. [Case cited : Queen v Button, 3 F, and F., 774.]

His Honor said this case was not in point. Mr Holmes had not laid the foundation of the question by enquiring na to any acta of the prisoner evincing insanity, but purposed at once to ask the witness her opinion of the state of mind of the prisoner. According to tho law, it was quite opposed to all authorities that the question should be asked ns proposed. What could be done by Mr Holmes was this, to aok tho witness to give them certain facts as to prisoner’s notions, upon which experts could found their opinions.

Mr Holmes would pros# the point, and ask his Honor to take a note of it.

His Honor would take a note of the point, but would not reserve it.

Mr Holmes would ask his Honor, with all respect, to reserve tho point. His Honor would decidedly not do so. Ha would read Mr Holmes an extract from “Taylor on Evidence,” (vol, 2, page 1225), to

show that even under the American law, which was somewhat more lax in dealing with this matter than the English, Mr Holmes had no right to osk the question proposed. Mr Holmes would desire to press the question.

His Honor would not allow the question. Mr Holmes had a perfect right to ask the witness any questions as to facts upon which experts could found an opinion aa to the sanity of the prisoner. Examination continued—l did not notice that the prisoner looked sad or miaeroble. He hod been on the drink for a time, and looked sad from it. Ido not think any one can judge of a man’s mind, or a woman’s either. Charlotte took away two chairs, and emptied the bed of the clothes. His Honor, after looking at the case cited, said that the point raised by Mr Holmes did not appear in the case at all. Mr Holmes submitted that he had i-'Ot said that the point was raised and decided. What ho had quoted the case for was to show that evidence such as he now wanted to get in was allowed to be got in before Mr Justice Wightman. With all respect to the Court, he held that this was perfectly relevant to the case now before the Court. His Honor said there was no point raised as to the admissibility of the evidence. The evidence was given on the existence of certain facts, which made it admissible. Clearly the case cited by Mr Holmes was not in point. Cross-examination resumed —I did not know that Gibson wanted Charlotte to marry him. I may have said to Mr Kingdon, from what I had heard, that Charlotte had driven prisoner mad. Charlotte came up to our house on the Thursday. Prisoner, when wo were coming away from his house, met ui on the road. I stopped the horse and cart when prisoner came up to us. Prisoner asked me to go back with him, and have some tea. He did not refer to any of the others. Prisoner was steady. He appeared to be getting eff the drink. It was the afternoon of the day when Charlotte left his house. Prisoner was laughing and talking to me. and seemed quite jolly-looking. I did not see him again till Christmas Day. When Charlotte wont after her box the prisoner said that had he had a revolver the night before he should have shot Charlotte and Murdoch. He said he believed Charlotte and Murdoch were too thick. I do not know that it was intended that Charlotte wag to leave prisoner after she had got all his money and to marry Murdoch. Mr Duncan objected that this was not relevant.

Mr Holmes said ho proposed to prove that the prisoner had been insane and of weak mind from his youth up, and therefore he wanted to show that at this time he was under such troubles as would not alone make a sane man mad, but far more increase the madness of one predisposed to insanity. His Honor said that the cose having been notoriously postponed on the ground of insanity, he hoped that the Crown had got the best medical evidence procurable. As regarded tbe line of cross-examination now being pursued by Mr Holmes, as Mr Duncan proposed to call Charlotte Kerrison she would be the best witness.

Mr Holmes then proceeded to crossexamine tbe witness ss to the occurrences on the Christmas Day, which elicited mainly a repetition of her evidence in chief. Witness—Prisoner seemed pale and of a tremble at the time when Charlotte refused to shake hands with him, or to allow him to kiss the child. Prisoner stood for some two or three minutes looking after Charlotte. When Charlotte went in prisoner seemed trembling, and looked pale. I made no remark to him when he spoke about being sorry for the child. Prisoner always seemed to be fond of Charlotte and tho child. All the time he was standing there he kept one hand in his trousers’ poo’s et. He seemed very friendly towards Kerrison and myself. He seemed to be friendly towards Kerrison, but when he spoke to Kerrison ho seemed to be surly far more than to me. Ho looked at me and spoke pleasantly, but he did not look up when he spoke to Kerrison. Mr Holmes said that perhaps it was because the witness was good looking. Besides, supposing the witness knew that the habit of the prisoner was not to look up at anyone, would she think him peculiar ? His Honor said the question could not be considered as relevant. The witness need not answer the question.

Mr Holmes went on to cross-examine the witness closely, and once or twice the witness got somewhat cross. His Honor asked the witness to be cool, and not to be put out by the manner of counsel.

Mr Holmes said that he respectfully submitted that he had not asked a single question which was not relevant. His Honor said whilst ho sat on the Bench he should do all in his power to protect witnesses.

Mr Holmes then asked the witness whether, when they were all three sitting down, prisoner could not have shot Eerrison i£ ho desired to do so. His Honor said the question was not one to ask the witness. The jury could judge of this. It really was not a question to ask her. Mr Holmes, with all respect, felt it very hard that a learned Judge should embarrass counsel by making objections. His Honor said it was most unpleasant for a learned Judge, in consequence of the method of counsel conducting the case, to have to stop him from putting questions which were not relevant. Mr Holmes submitted that from the moment he had commenced the cross-examina-tion ho had never gone outside the rights of counsel, or asked a question which was irrelevant. His Honor said he was the judge of that. Cross-examination continued—When I went out in the road to the prisoner he was quite cool and collected when ho spoke to me. I was far more excited than ho appeared to be. I was frightened, as well I might, with a revolver pointed at my head. I don’t think prisoner conld see Eerruon till he came out of the gorss. I felt as if I could not leave the place when prisoner had gone past me. I do not know why I did not go away. We do not all have presence of mind nnder such circumstances. Prisoner could not see Eerrison at all till he came out. I know the position of the fence well, and can say positively that ha could not. 1 do not know who the real canse of all the trouble is, except by hearsay. Eerrison, after he was shot, passed round behind me and ran towards the gate. The gate is a wide one to admit a dray. There are broom fences on each side of the road. When Eerrison had got past the gate, and gone a few yards, he would be out of sight. He might or might not have been in view of the prisoner. I was looking at the prisoner and not at Eerrison. There was no ono on the road but myself when the third shot was fired. After the third shot the prisoner seemed to try to run, and appeared as if he could not. He seemed to be excited after he hod done it, and as if ;his nervous system had given way. When he spoke after firing the third shot, he named no names. I have nlways been on good terms with the prisoner. I never heard of the prisoner going by the name of “ the lunatic ” in the family.

His Honor asked Mr Holmes whether he had found any case in which reputation had been accepted as evidence c£ insanity in a criminal case.

Mr Holmes replied in the negative. His Honor said ho desired to thank the witness for tho very admirable manner in which she had given her evidence under exceedingly painful circumstances.

Mr Holmes desired to endorse the remarks of his Honor.

Donald Campbell—l am a legally qualified medical practitioner. I examined the deceased, William Kerriaon, on the evening of Christmas Day. There was a bullet wound below the left collar bone, across the cheat. Kerrison died on the morning of January 3rd. The bullet of such a pistol as the one now produced might cause the wound I saw. Korrison died from the wounding by the bullet of the main artery leading to th# rigtt arm. I found the bullet elose to the artery. It is one which would fit the pistol produced. Korrison seemed to all intents and purposes a healthy man. Mr Holmes did not cross-examine.

His Honor said they would now take the deposition of Kerrison taken before the Magistrate. Thomas Niol deposed that the deposition was taken in the presence of the prisoner before Mr Westonra, J.P., at the Hospital. It was read over to the deceased, and he affixed bis mark.

Tho deposition was then read by the Deputy-Registrar. William Q-arrard, gunsmith, of Christchurch, denosed to selling the prisoner on Christmas Day tho revolver produced. He also purchased a box containing fifty cartridges. Ho said he wanted tho revolver for pig-hunting. He made the remark that the barrel seemed rather short, and that it would

not. curry far. Witness said that it was the latent improved, and would kill dead at fifty yards. The prisoner was talking somewhat rambling, mixing up Papanni, pig ’ hunting, and the park in his talk. Witness thought he had been drinking. Cross-examined by Mr Holmes—lt requires practice to hit with a revolver. It is a most uncertain weapon to hit with, as it has a tendency to throw up. It was only for a short time that prisoner was rambling in his talk. When witness turned round prisoner spoke rationally enough. Witness advised prisoner to take a goo i walk, as he looked as if ho had been drinking the night before. Charlotte Kerrison—l am sister to the deceased, and unmarried, I know the prisoner. I lived with him for one year ond_ nine months. I had a child, of which he is the father. On the Tuesday before Christmas I loft him. I went U my brother William’s bouse. I remember Christmas Day. I saw prisoner at my brother’s place on that evening. I saw him at the gate. My brother was in the house ; Jane Kinlay and the prisoner wore at the gate. Prisoner spoke to me first, saying “A merry Christmas to you, ’’and offered to shake hands with me. I did not offer my hand to him. He then spoke to the baby. I turned away and went inside with the baby. On the way I met my brother William coming out. I afterwards saw all three, Mrs Kinlsy, my brother, and prisoner, standing together. I saw them part after shaking hands together. I then went to the gate, and saw the prisoner going down the road towards Templeton. Ho looked towards me and was coming back. I went into the house, and afterwards saw him standing at the gate. I think he had his coat on. I heard the report of a gun or something some two or three minutes afterwards. I was going round the house, when I met my brother coming in. He bad one hand on his left breast, and said “ I’m shot.” He went into the house and sat on the floor, and then fell down, Mrs Kinlay came in, and my brother was taken away to the Hospital. He seemed in great agony. I saw the blood running out of the wound in his breast. I think I heard two or three reports, but I am not sure. Cross-examined by Mr Holmes— I went to live with the prisoner in 1879. Wo were not married, but represented ourselves as such. I had known him for two years before I went away with him. He was always very quiet; he would carry his head down. Some people he would look in the face, and some he would not. I never heard him talk to himself before I went to live with him. Sometimes afterwards he would talk to himself. I went with him to Balmoral station about six or seven months after I went to live with him. He was a very quiet, sulky kind of man. He would sometimes sit before the fire and talk to himself when he bad anything to think of. He would whisper to himself. He represented himself to the manager of the station as a watch and clock maker, and spoilt all the clocks he had in hand. He was in the habit of going about by himself and talking. I cannot say that I have heard him give a silly laugh when he was reproved. He had a habit of bringing an axe in the bed room at Yaldhurst to keep people away. He also said he should like to have a revolver in the house. Some five months ago I wen', with him to buy a revolver in High street. He told the shopkeeper that ho was going “ sticking-up,” and the shopkeeper refused to sell him a pistol. He said that ho was going to bo a Kelly, He did not laugh at the time, but was quite serious. Prisoner had been drinking, end was half drunk. On Balmoral Station the people generally called him “The lunatic.’’

Mr Duncan objected. His Honor asked Mr Holmes if he could show any case where < vidence of reputation was accepted in a criminal case on the ground of insanity.

Mr Holmes would not press the question. Cross • examination continued The prisoner, when at Templeton, used to throw stones along the road, run after them, and bring them back to me. I do not remember that he used to bug and kies me in the public road. Ido not remember prisoner, whilst we wore living at Prebhleton, getting up in the middle of the night and dancing and kicking up a row. He used to get drunk very often., and when drunk he wei very noisy. He used to get up out of bed when he had been drinking and walk about He was very excitable when drunk. When he was sober he was very quiet. I met Murdoch at Balmoral first. Tne prisoner was not of a jealous disposition. He was never jealous of Murdoch. I never remember prisoner accusing mo of being too familiar w.'th Murdoch. He did not do so tho day before I left him or the day I left. I know David Gibson. He has been at our house at Yaldhurst. I never saw or heard prisoner walking up and down saying “ Murdoch is her fancy man.” David Gibson never said to me that the prisoner seemed to be jealous of Murdoch. David Gibson never said that if I did not mind the prisoner would do something rash

His Honor said that what a third party said to the witness was not relevant. Mr Holmes said that he intended to lead up to a question as to her opinion of the sanity of the prisoner. His Honor—On what authority ? Mr Holmes—On that of the case of Queen v Burton. His Honor—l have ruled that as a matter of law you cannot ask it. The case does not apply. Mr Holmes —I shall formally ask every witness the same question. His Honor—You may do this, Mr Holmes. You can ask the witnesses whether they treated prisoner as a lunatic. [Left sitting.]