Supreme Court of New Zealand.

Hawke's Bay Times, Volume 7, Issue 348, 8 February 1866, Page 3

Supreme Court of New Zealand.

MONDAY, sth FEBRUARY. His Honob Mr Justice Johnson took bis seat st 10 a m. warn, uxnwsß. Richard Farrell was then brought op, charged With the wilful murder of Thomas Foan. The following jury was empanelled 5 B, Tres* trail, W. Dennett, J. Close, L. Roper, H. Knox, J. Lingsrd, J. M. Wood, J. Hawkins, W. Elbourn, B. France, B. Williams, G, H. Swan. His Honoe addressed the prisoner, informing him that as there was no lawyer to undertake his defence, be would, as far aa consistent with his position as judge, do so himself. He then, handing the prisoner a plan, asked him if he bad any objection to make to it. Peisonee: No.

Mr Wilson then addressed the jury for the prosecution, stating the nature of the evidence which would be brought before them. He then called.

August Feedinand Eoch, who, being sworn, deposed; lam draughtsman and surveyor. I know the premises in Hastings-road (also called the White Road) lately in the occupation of Messrs Williams & Foan, tinsmiths. Toe plan produced was drawn by me. It is a ground plan of those and surrounding premises. There is also a scale of the levels of the ground. It represents Foan’s bouse, shed, closet, Farrell’s yard, the door of his bouse, and two anvils, Mr Limbrick’s house, with two upstair windows. The scale is 8 feet to the inch. Limbrick’s upstair window is 126 feet from Farrell’s door, and II feet 6 inches from the ground. Inspector Scully pointed out to me a place where a paling had been removed. That point is marked C. The point D was shown me by Mr Sargent. The point Ais the middle of Farrell’s door. The dotted line directly across from A to C is 25 feet 9 inches long, and from A to D by C 77ft. bin. It is shown by the scale of levels that the fall from AtoC is 1 foot, and that the fall from Cto D was 3ft. I also saw two anvils, the largest 14 feet 6 inches from the point A. The ground was of an undulating character between these points, without any perceptible difference in the levels. The point Ais 1 foot 3 inches from the ground, that being the elevation of the floor. There was also a paving of stones rising a foot above the ground, and therefore 3 inches below the level of the shop.

Thomas Boyd, deposed : lima boot-closer, in the employ of Mr Limbriek ,whose shop is situated on the White-road, between Baldwin's house and the Misses Williams’ house. 1 know the prisoner and his premises. I was working on the morning of the 19th January in a work-shop at the back of the house upstairs, the window of which overlooks Farrell's yard. Between 9 and 10, I heard the report of a rifle, wnich I did not take any notice of until I also heard screams. I looked out of the window into Farrell’s yard, where the ap<*oam* were coming from and saw prisoner with a rifle in his band, held nearly’ perpendicularly but not resting on the ground, looking to the spot where afterwards I saw a wounded man lying. He was 4 or 5 yards from the door of his house. I ran down stairs and went into Farrell’s yard. Farrell was there. He was going towards a wicket gate on the left of the premises, the same by which I entered. I said “Mr Farrell, what is the matter ?” He said “Mr Foan has shot himself.*’ He passed me, and went into the street, leaving the rifle leaning against the fence, about a yard from the wicket gate. It was inside. I saw Foan lying nearly against the palings. Assistance was coming to him and so I followed the prisoner. I took up the rifle and carried it some distance. I put it down by some shingles against the Misses Williams’ place. I did not examine it. Prisoner went in the direction of Newton, IrTine & Co.’s, and I followed him. I overtook him at the corner of Newton & Irvine’s. As nearly as I could judge, it was about 200 yards from his own house. Prisoner went into the Masonic Hotel, but did not stay there five minutes. I took him in charge till a policeman should arrive. He said “ You need'nt bother, I’m going to give myself up. I was not going to stop in the yard to be blamed for it.’’ He appeared quite calm. There did not seem to be anything unusual in bis manner.

Edwaeb Hill Limerick, sworn, deposed • I am a boot-maker, residing on the White-road. On one side of my house there is Baldwin’s, the butcher’s, and on the other the Misses Williams’ ?lace. That plan of the premises is quite correct, remember the morning of the 19th January. I was at work in my shop down stairs and heard the report of fire-arms, followed by screams from Barrels yard. I ran out of my house, and into Farrell’s yard, and saw Mr Foan about 4 or 5 yards from the door. He was lying about 5 feet from the fence, and near an anvil in the yard. He was lying on his right side, and blood was issuing upwards from his left side. He was parallel with the fence, and his face was turned towards Farrell’s door. I ran for a doctor. I saw a man at Newton, Irvine & Co.’s on horseback, and sent him for a doctor. Newton, Irvine & Co.’s is between 100 and 300 yards from prisoner’s yard. H» Honor here asked the prisoner, “ Would you prefer that the witnesses should go out of one another’s hearing, in order that they may be examined separately P”

Prisoner: No. His Honor: Nevertheless I consider it necessary for the ends of justice that they should do so, and therefore request the other witnesses to leave the Court, but to be within call

The other witnesses accordingly left the Court. Edward Hill Limbeick, continued: In going to send the man for the doctor, I overtook the frisoner by the Masonic Hotel, where lie went in. n coming back 1 saw him in the street. He said to me, “ I left because it shouldn’t be said I did it.” I said “ Didn’t you shoot Foan ?” He said ** JTo.” I said “ Did he do it himself, then ?” Ho said " Yes.*’ I ran as fast as I could to where Foan was lying. I asked him “ Who did it ?” His Hokoe : You must not go any further with that part of the evidence. It must be proved that Foan was . in anticipation of almost immediate death at the time, or his statement* when dying

will not be accepted as evidence. It is considered in law that a man who is in expectation of almost immediate dissolution would have no object in speaking falsely and therefore his statements hare equal weight as evidence with the most solemn oath in a Court of Justice; but it must be proved that he was in such anticipation. Witness continued: Mr Baldwin's boy and Mr Leo were there when I arrived. In goun» there I saw a rifle against the Misses William’s honse. I took it into my house, and afterwards gave it to Inspector Scully- The rifle produced by him is the one. It was numbered 2993. I went into Farrell’s house and there found a loaded gun. While I was in there Foan was removed into his own house. There was nothing peculiar in Farrell’s manner when I saw him.

John Cleaet, being sworn, deposed: I am a boot and shoe maker in the employ of Mr Lim* brick, on the White-road. On the 19th January I was working with Boyd in Mr Limbrick’s workshop upstairs, when I heard the report of firearms, and a scream. I went to the window and looked towards Farrell’s premises. I saw Farrell in the yard with a gun in his had at the trail. He was 3 or 4 yards from the place where I afterwards saw Foan lying. He was looking in that direction. The rifle was in his right hand. I went down stairs and into Farrell’s yard. In going out of the shop I saw prisoner going down the road towards the Masonic Hotel, without arms. I saw Mr Lee in there with Foan. I did not hear Foan say anything that would show whether he thought he was likely to live or die. John Baldwin, sworn, deposed: I am 15 years old. lam a butcher’s boy in the employ of my brother, who resides on the White-road. On the 19th January about 10 o’clock I was in my brother's shop, and heard the report of a rifle. It came from the direction of Farrell's yard. Soon after I went out and in consequence of what I heard, I ran into Farrell’s yard. I saw Foan lying about 2 yards off the palings, and about 7 yards from the house, and Mr Cleary holding his head up. I did not hear Foan say anything about the state he was in. I saw one of the palings had a piece knocked out of it. The paling produced is the one.

Inspector ScTTLLT, being sworn, deposed : The paling produced was taken off Farrell’s fence by myself The bole is 1 foot 10 inches from the ground. Alexandes Davidson, deposed: lam a storekeeper in the employment of Messrs Newton, Irvine & Co. .1 remember the 19th of January last, I know prisoner. On that day I saw him opposite Newton, Irvine & Co.’s store standing in the middle of the road. I said to him “ Why did you shoot Foan ?” He replied. “If a man was to watch you all night with a loaded pistol to shoot you, would you not shoot him ? I would.” I asked *‘ Has any one gone for a doctor.” Ho replied “ I have put him past a doctor. I didn’t shoot him ; I gave him a loaded pistol and he shot himself.” He then made a very rambling and incoherent statement. He spoke of Foan and forty others having attempted his life forty times. I’did not notice any physical excitement. He seemed cool and perfectly calm. I did not notice his eyes. George Edmund Lee, deposed ; I am a solicitor, resiling in Napier. I know the prisoner, I lived next door but one to him. 1 remember the 19th January. I was in my office about 10 o’clock, when I heard a shot, followed by screams from the direction of Farrell’s place. X ran out, and passing under the Misses William’s verandah, I saw the prisoner. I said, “O, Farrell, has it come to this ? What have you done ?” He looked in the direction from which he had come, saying, “ I shot him—l did it.” He appeared to ba slightly excited. I ran at once into his yard, and met a boy. He said something which caused mo to run further into the yard, and I saw Thomas Foan lying on his right side, nearly parallel with the fence, with his head towards the sea. I perceived a wound on his left side from a which portion of the viscera was protruding. I had some conversation with Foan. He seemed to be attacked with paroxyms of pain, which caused him to writhe upon the ground. I told him to bo quiet until a doctor came. He said “ A doctor can do me no good,” or “ will be of no use." I was with him till about 11 o’clock. I heard him give directions as to the disposal of bis property. I believe it was Mr Colenso who suggested to him the propriety of his doing so. About 3 or 4 minutes elapsed bet ween the firing of the shot and the arrival of the doctor. It was before the doctor’s arrival that he said “ A doctor will be of no use.” (To be Continued.)