THE WHITE-ROAD MURDER.

Hawke's Bay Times, Volume 7, Issue 344, 25 January 1866, Page 2

THE WHITE-ROAD MURDER.

ito of tp gag.

Tip: prisoner, Richard Farrell, was charged at the Resident Magistrate’s Court on Tuesday last, 23rd January, with the wilful murder of Mr Thomas Foan, on the White-road, on Friday, the 19th inst. After a long and patient investigation, extending upwards of six hours, during which time the Court was densely crowded, and the proceedings listened to with breathless interest,^-the prisoner was fully committed to take his trial at the ensuing criminal sittings of the Supreme Court, which take place on Thursday, the Ist proximo. During the whole trial the prisoner looked extremely sullen, and refused to ask the witnesses any questions. Once, while Mr Lee’s evidence was being taken, he (the prisoner) suddenly knelt upon the floor, and, after calling the attention of the people to him, said, “Why don’t you hang me at once ?” It is needless for us to enter into any farther details of what transpired at the Court on Tuesday, as we give this morning a report of all the material evidence taken there, and which will be found below. The first witness called was—

Inspector Scully, who deposed that on the 10th inst, having heard that Mr Thomas Foan was shot, he hastened to the spot, and there found the wounded man, with a doctor in attendance. While there a rifle was handed to him, which had every appearance of having been recently fired. There was an exploded cap still on the nipple. There was a hole in a paling pf the fence which appeared to have been made by the bullet. The number of the rifle (which, as well as the paling, was produced in court) was 2993. it was one of-the'Go-vernment rifles. He was informed that" the prisoner before the court was the murderer, and had him taken into custody. f John Baldwin, being sworn, deposed:—l am 15 years old. I reside with my brother on the Whitefroad, and act as butcher’s boy. On the 19th inst, about 10 a.m., I was in the shop, and heard the report of a rifle. I did not think much of it at the time ; but, going out directly after, I heard that a man was shot. I ran into Farrell’s yard, and saw Mr Foan lying upon the ground, and Mr Cleary holding his - head up. There was blood on his clothes, hut I did not notice any wound then. Mr Oleary sent me for water. When 1 returned there were several people there, I did not see Farrell. \V hen I got back I heard Mr Limbrick ask him who did it, and he suidj “Dick has dope it; Dick has done it,” and afterwards “ O, what have I dong ? what have I done ?” Do--ceased was lying three or four yards from Farrell’s door- There was some of his inside protruding frojß th® WQUud, fie gfQauing and seeded (q

be in great pain. I looted round and saw a paling which had had a piece knocked off it. It looked as if it had been done by a buUet. Mr Cleary was on the ground before Mr Lhnbrick. John Cleaey, being sworn, deposed .1 am a shoemaker, in the employ of Mr Limbrick, Mr Limbrick’s workshop overlooks prisoner’s yard. A 1 A n m 1 flit, * t f 1 -a , « -*-0 o.iii. uu tuo XJtli inst., X heard the report of fire-arms, and a scream. I looked out of the window and saw prisoner with a gun in his hand at the trail, walking towards the gateway. I could not see the body because the fence was in the way. I ran out at the front door and saw the prisoner walking down the White-road without the gun. 1 don’t know where he had left it. When I got to the yard I saw the body of Mr Foan lying there. I don’t remember ever having seen him before. There were several people there, among others Air Lee, the lawyer. The deceased being asked by Mr Lee and Air Limbrick who had shot him, replied “ Dick Las done it.” I did not kuqw either prisoner or deceased by name. I afterwards took the rifle to Air Inspector Scully. . L E. H. Limbbiok deposed-I am a shoemaker and reside on the White-road. On the 19th I was at work in my shop downstairs when I beard the report of a rifle, followed by a scream. .1 ran to Farrell’s yard, the direction from which the screams proceeded, and saw AlrFoan lying wounded on the ground, I ran out and gave the alarm that Mr Foan was shot. There was no one in the yard but Foan. I ran first to Baldwin’s for a horse, as there are generally horses there. There were none, and seeing a horseman at Newton and Irvine’s I ran down there to send him for a doctor. I overtook the prisoner on the White-road, proceeding towards the Masonic Hotel. He said: “ You needn’t run, I am going to give myself up.” He seemed to think that I was pursuing him. I passed him and went to the horseman whom I had seen, and sent him for a doctor. I then returned to Farrell’s yard. On the way I met the prisoner. He said “ I left the place because it shouldn’t be said I did it.” I said “ Didn’t you shoot Foan ?” He said “ No.” I said “ Did he shoot himself?” He said “ Yes.” That was all that passed. I ran on to see Mr Foan. When I reached him I stooped down and asked ”Did Farrell do it?” He said “ Yes, Dick has done it right enough.” I left him for a few minutes, and when I came back he had been taken into his house. I continued with him till he died. The first time I went into the yard I did not see the rifle. When I returned from sending for the doctor I saw the rifle about 30 yards from Farrell’s yard. It had been moved by one of my men named Boyd. The rifle produced in court is the one. It was numbered 2993. It was about 12 yards from the road, and leaning against some shingles. It was by the Aliases Williams’ shop. I took it to the place where Foan was shot and afterwards into my house. When it was enquired for by the Inspector 1 sent one of my men for it. It was given into the Inspector’s possession. The rifle had been recently fired. There was an exploded cap on the nipple and there was burnt powder at the muzzle. I went into Farrell’s house and and there I found a gun—not a rifle-loaded. I tried it with the ramrod and I believe from the sound that it was loaded with ball. There was an unexploded percussion cap on the nipple. I came out and locked the door. The Inspector took charge of the key. Thomas Boyd, being sworn, deposed < —l am a boot-closer, and live with Mr Limbrick. On the morning of the 19th between 9 and 10 a.m., I was at work, and heard the report of a rifle, followed by screams, I looked outoftbewindowandsawFarreU witha rifle in his band, held nearly perpendicularly. I ran into the yard and met Farrell with the rifle still in his hand. I asked what the matter was, and he said “Air Foan has shot himself.” There were already several persons attending on Air Foan, and so I watched Farrell. He put the rifle down at the gate. I took it up and carried it a little way, and put it down by a dressmaker’s shop about 40 yards off the gate. I then followed him down to Messrs Newton, Irvine and Co.’s store, when, seeing some policemen, I gave him in charge, as the murderer of Mr Foan. He told me not to trouble for he was going to give himself up. He also said that he had come away lest he should be blamed for the murder. I did not see anything peculiar in his manner. He was not drunk and flid not seem excited. H. Williams, deposed:—lam a whitesmith, residing at Napier. I was in partnership witli deceased. He used to live in a little house that he had lately built, which, though separated by a dividing fence, was only. a few yards from prisoner’s house. I never heard anything of a th reatening character pass between deceased and Farrell, though I know they had disliked each other. They had lately been on very good terms. I used to see Farrell nearly every day. He used to work in my shop. He had had a quarrel with my brother, and he told me one day when he was drunk that ho would not hurt a hair of my head, nor of my wife and family, hut that my brother should die. I have heard him threaten Mr H. L. Yates in the same way when he was drqnk. He always used to profess great friendship for mo. He seemed to be quite rational the day before he shot my partner. On the 19th of tho present month I was at work at Messrs Ford and Al'Hardy's. Air MTJardy ran to me and told me that my partner had either shot himself or been shot by Farrell. Of course I ran to his house, and found that he had just been carried in. I went into the house. He knew ha was dying. He saw mo and said, “ Harry, what is this ? What have I done to the old fellow ?” I said, Do not you think it was a mad freak ?” He said, “ I suppose so, I suppose so.—l don’t know;- 1 have had no quarrel with him. He came up to me, said ‘ Here’s your rifle,’ pointed the gun at me, and fired,” 'While making flis dying declaration I heard Mr Colenso ask him how it was he had said differently before. He said “ Don’t bother, I’m in top much pain.” He made a will after his deposition was taken. I signed it for him. He was too weak to write. When I came in Air Colenso said “ Here is your partner, My Fosji; Lavs yon anything to say to him about your affairs?” He opened his eyes and said “See that my father gets everything, Harry.” Air Lee proposed that a will should be drawn up, which was accordingly done. It was obtained by answer* to questions put by Mr Colenso. He was not able tq sgcak qonlinuoqsly. It gained him Tery much

to speak at all. Farrell told me some time ago that he had had a quarrel with Foan. I saw Him moving some of his kegs out of my shop. I asked him why he was taking them away. He replied that it was because Foan had threatened that he would kick him out .of the shop. Thh was between two or three months ago. Mr Foan was supplied by the Government with a rifle and accoutrements as a Volunteer. The number of his rifle was, X believe 1993. I am not, however, quite certain about the first figure. I knew that Farrell had had the rifle for some time previous to the occurrence. About a week before, Farrell had attracted the attention of the police by discharging a rifle in the night. The police had taken possession of this rifle, find Foan asked ma to get it from them. I got it at the lock-up. Foan was away when I brought it hou e and I did not see him that night I asked him next day if ho had got the rifle, and he replied that it was all right. I did not know of hia lending it to Farrell since. I thought no more of it at the time. It appeared to be loaded when I got it from the police Foan used to lend it to Farrell to clean for him-

WiiEtoi Coxenso, being sworn, deposed:—l reside at Napier,. On the morning of the 19th inst. I was talking to Mr Luff at the door of his store, I heard a ory that a man was shot, X proceeded in the direction from which I heard the cry, and when I arrived near Williams and Foan’a workshop, I saw three or four persons who had just raised Foan from the ground. They carried him into his own house, and I followed closely. I said “ Is any medical man present ?” Dr Bateson was pointed out to me. I assisted the doctor and others in taking off Foan’s clothes and laying him on his bed. Mr Lee the solicitor was present, and asked me if 1 was a magistrate, to take hia dying deposition, I said I was not, water was procured, and I bathed Foans temples and face, which revived him a little. From his appearance and from the wound I believed he was sinking fast, in fact dying, and X said to him “My friend, put your trust in God ; man can do nothing for you.” Seeing no magistrate present, and fearing he would die before any arrived, I asked him a few questions, at the same time calling upon those present to bear witness to what he would say. I first asked him who had shot him, and he replied “ Dick Farrell.” I asked him if he had had any words with him, and he replied “No.” 1 asked him if he had had any previous quarrel, and he replied “ No.” I asked him if they had had any quarrel the night before, and he said “No.” I asked him if it was done accidentally, and he said “ Yes.” Shortly afterwards his partner, Mr H. Williams, came in, and I told him that I wished him to hear Foan repeat what he had already said to ma for* his own satisfaction. At that time Foan opeued his eyes, find, seeing his partner, said “ Harry, I’m a dead man.” I then asked him again, “ Was it done wilfully or accidentally?” He said again “Accidentally.” During the whole time X was holding his head, and had to act as spokesman, I, therefore, heard every word that Foan said. We then proceeded to take down his wilL I pub the questions and Mr Lee made out the will. X am aware that Mr Williams said that the will was drawn out after the declaration, but he is in error. The justices did not come until after the will (which was a vety short one, of only five or six lines) was signed, I supported his head, kneeling on one knee, the only position in which he found any ease. I proceeded, when they earne, to put the questions to the dying man which elicited tho answers written down in the declaration signed by the magistrates, On asking him whether it was done or wilfully he replied “Wilfully” I drew the attention of Mr Titfen, the magistrate who was writing it dawn, to the fact of its being different to what he had told me before. I then questioned him. “ What reasons have you for thinking it was done wilfully ?” fa which he replied “ I am in great pain ; don’t ash me any more questions,” moving about on his bed at the same time. The magistrates wished me to put the question again ; but X told them I did not think I should get any answer from him. Shortly afterwards Mr Tiffeu requested me to ask him whether he considered himself in imminent danger, and I told him that X thought he was too far gone; but that he had already said as much to his partner on his first noticing him—“ Harry, I’m a dead roan.” I remained by his side until ho died. During the whole time he was on hia bed he only spokea three times without being asked a question.

H. Williams recalled at bis own request, stated : I wish to make a correction in my statement regarding the will. I believe Mr Coleuso was right as to the dying declaration being taken after ha made his will. I don’t remember Mr Colenso directing my attention to him saying it was done accidently—in fact I did not hear him say so at all. M> Colenso drew my attention to the question as to whether he had anything to say to me about his a flairs. 1 believe JFoau’s exact words were—“ Yes, Harry, see that my father gets everything.”

Henry Stokes Tiffen, being sworn, deposed : —I am a magistrate in Napier. I am one of the magistrates who took the dying declaration of Thos, Foan. I took it in iu conjunction with Mr J. A. Smith The declaration now produced is the one.. When we arrived be was so near death and his voice was so weak that we, at the table, could not bear what he was saying, and Mr Colenso was employed to put questions and obtain answers. The time at our disposal appeared so short that we considered it necessary to be as curt as possible. When the last question was put to him, whether it was accidentally or wilfully done, Foan replied “ Wilfully,” as taken down in the declaration. Mr Colenso said to me Before you came he stated that it was accidental.” I, therefore, seeing the man so near death, asked Mr Colenso to repeat the question even more distinctly, when Foan said, “ 0, don’t ask me any more question:, —Doctor, give me something pain.” He was writhing on his bed as be spoke, I waited about half-an-hour, in hopes that he might recover sufficiently to answer the question again. I therefore requested Mr Coleilso in writ-, ing to put the question again if possible, but his reply was;—“Poor fellow, he’s too far gone.” W e therefore did not trouble him any more, but signed the deposition. That was about five mU nutes before lug death. He seemed to be in very

great agony. There was an occurrence the day before that I should like to mention. On the 18th inst the prisoner Farrell called at my house. He told me that he was in fear of his life, and when I asked him who he was afraid of he told me he was bound by an oath not to tell. I told him he was drunk and that he should go home. He said “Am I drunk ?” He was not drunk, but I could see he was laboring under some of the hallucinations produced by intemperance. I asked him again what he was in danger of, and he answered “ Its those Fenians.” He commenced to talk very wildly. He said that the Superintendent and all the other Scotchmen were Fenians; that all the magistrates and merchants were also. He told me that he had joined the “ Brotherhood,” but that wishing to leave them he had applied to them to absolve him from his oath; that they, suspecting that he was going to betray them, had appointed two of their number to kill him. Ho would not divulge the names of these persons, but pointed towards the Masonic Hotel, to intimate, 1 thought, that they were watching his house. He said that if I did not protect him, his life was not worth half-an-hour’a notice. I said I could not if he did not tell who be was afraid of, but he would not, saying his oath prevented him. He also refused to go to the Resident Magistrate’s Court and lay an information for the same reason. I questioned him, and he did not appear to suffer from aberration of intellect on any other topics. Henry Sargent deposed :—I reside in Napier. On the 21st inst. I went to search for the bullet with which Mr Foan was shot. I found the hole in the paling where it had gone through and saw the scores it had made upon the ground. By following the scores I came upon it. It was lying upon the sand. The first score was about 3 yards from the fence. The bullet was in a line with the scores and the hole in the fence. The flattened bullet I now produce is the oue. It has a stain on it, which may have been caused by blood. John Moses Bateson, being sworn, deposed : ■ —l am a qualified medical practioner, residing at Napier. I was on the morning of the 19th summoned to attend Mr Thomas Foan, who, I was told, had been shot. I recommended his removal so that he might be examined under more favorable circumstances. Having undreessed him, I discovered two wounds, one on the right, and the other on the left side of the abdomen. The direction taken had been from right to left, as was evident not only by the difference in size of the wounds, but a partial extrusion of the abdominal membranes from the wound on the left side. I remained with him until the time of his death, administering occasionally small quantities of brandy and water to prevent him sinking from immediate loss of blood. He, however, never rallied, gradually sinking, and died between one and two hours from the time of receiving the wound. His death was certainly caused by that wound. It was such a wound as might have been caused by a bullet. I afterwards made a post mortem examination of the body, and found that his death had been occasioned by extreme hcsmorrhage—the principle blood-vessels having been ruptured in the course taken by the bullet, and the abdominal cavity being filled with blood. Georgs Edmund Lee, being sworn, deposed: —I am a solicitor, residing at Napier. I live close to the residence of the late Mr Foan. On the 19th instant, just before 10 a.m., I heard a shot, followed by a succession of screams. I made the remark to a person in my office, “There’s Farrell at it again,” and ran out. lat once went into Farrell’s yard, and at the comer of the house I met Farrell going towards the gateway. His arms were folded, and he had no weapon in his hands. He was not intoxicated ; he looked rather pale, but otherwise completely unconcerned. I certainly should consider him amenable to the law for any crime he might commit while in that condition. I said to him, “O, Farrell, has it come

to this ? What have you done P” He passed me, then turned his head and said, “ I shot him—l did it.” I ran round the house, and saw Foan lying in the yard. He was lying on his right side, nearly parallel with the fence, and his head towards the sea. I noticed a wound in his left side. Ho was perfectly sensible and knew me. I told him not to move until a doctor came. He said, “ A doctor can do me no good.” I said, “ This is a bad case, Foan." He said, “ Dick did it.” I asked, “ What Dick ?” He said, “ Dick Farrell. O, Dick, Dick, what did I ever do that you should take mv life ?” He said “Mr Lee, I can’t understand it; I can’t understand it." I asked him if it was accidental. He said, “He came to me and said, ‘Here’s your rifle,’ pointed it at me, and fired.” I staid there until some one brought some water. I saw Mr Lira brick with a gun in his hand, which I think he brought from the fence. I went to my house to get some paper for the justices, who arrived soon after. I have not heard them quarrel since about three weeks ago. I then heard prisoner say he would strike Foan down, and Foan threatened to kick him. Adexandeb Davidson, being sworn", deposed, —I am employed at Messrs Newton, Irvine and Co.’s store. I saw Mr Farrell just after 10 o’clock, and asked him why he shot Mr Foan. He asked : “If a man was to watch you the whole night with a loaded pistol, would you not shoot him ? I would.” I asked “ Has a doctor been sent for ? ” He replied “ I have put him past a doctor.” He then went across the street, but immediately returned, and said: “ I gave him a loaded pistol and he shot himself. I did not do it.” I

doubt his rationality very much. He was very incoherent. I heard him say: “Mr Foau has ' attempted my life forty times.” Ho appeared sober and quite calm. This closed the evidence against the prisoner. He was then ashed if he had anything to say, and replied ** All I wish to say is : Slay I be allowed to make out a will ? I want to leave my property to my niece. I wish the house and all that is in it to bo valued, so that she will get the money. Will she get it when I’m gone?” Upon being answered in the affirmative, he expressed himself satisfied, but afterwards said, “ This is all I have to tell yon. He shot bimself. Three men that ■wore against me to-day watched me till twelve o’clock that night to shoot me. The gallows is all ready for me up there (pointing to the gaol.)—l know it, but I don’t care—l don’t care.” His Worship said that the prisoner’s statement had better be taken down.

Prisoner : O, you needn’t take it down. The witnesses were then bound over in the sum of £25 to appear and give evidence at the next criminal sittings of the Supreme Court on the Ist prox. Mr Inspector Scully was also bound over to prosecute.

Povebty Bay.—We have intelligence from Tu- j ranganui to the 20th inst., but nothing of itnpor- | tance to add to what has already appeared. A correspondent, writing under date the 12th inst., informs us that we have been misled in regard to what transpired on Christmas Day ; so far at least as the men of the Colonial Defence Force were concerned. It seems that for the “Colonial Defence Force” “Hangers” should have been written. We have no reason to suppose that we were intentionally misinformed in the above case, or that the conduct attributed to the friendly natives was not substantially correct. We feel that the authorities are greatly to blame in giving those of the native race who are connected with our camps so many facilities for the indulgence of their appetite for alcoholic liquors. It seems that all legal restrictions are removed in their case; arid that the campaign in this respect is indeed a seed time of evil that will doubtless produce an abundant harvest of trouble by and bye. The Weatheb. —After an almost unprecedented period of drought, during which the whole country has suffered severely, and which has from time to time demanded our notice, we are able to chronicle a favorable change, which commenced on Saturday evening last with occasional showers, and has continued more or less up to the present time. Yesterday, about one p.m., there occurred a rather severe thunderstorm, which seems to have cleared the atmosphere; and we believe that the weather is again becoming fine. Auction Sale. —The sale of open goods advertised in our colmnns for some weess past, to take place at the stores of Mr S. 11 egg, commenced on Tuesday last, and was continued yesterday. The attendance, notwithstanding unfavorable circumstances, has hitherto been good. It will be seen by advertisement that the sale will be continued this day at eleven o’clock. Natieb Annual Races.—A reference to our advertising columns will show that some alterations have been made in the programme for the forthcoming “ meet.” A goodly number of horses are said to be in the hands of trainers ; and, considering that an addition has been made, botli in the number of races to be run for, and the amount of public money for each race, —we may, barring bad weather, &c., anticipate some good sport on the Ist and 2nd March. Perhaps some of our sporting brethren in the other provinces may be induced to try their luck on the Napier turf.