RESIDENT MAGISTRATE’S COURT.

Kumara Times, Issue 1651, 13 January 1882, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, January 13. [Before J. O’Hagan, and A. 0. Campbell, Esqs., J.Ps.] SHOOTING WITH ALLEGED INTENT. Edward Haylock, of Kawhaka, was again brought up, on remand from Wednesday, charged with unlawfully and maliciously shooting at Andrew Curie with a double-barrelled gun, with intent to commit murder, at or near Harris’s accommodation house, on the Christchurch road, on the night of the 9th January inst. Inspector Emerson conducted the prosecution. Mr Parkins, ot Hokitika, defended the accused. Andrew Curie, recalled : Harris’s accommodation house is about seven miles from Knmara, and about 19 or 20 from Hokitika. I gave evidence in this case on the 11th instant. I could not say from the report of the gun how it was loaded. I passed Airs Harris ; she had a lighted candle in her hand. The accused fired only one shot at mo. I did not see him fire the shot. I am certain I saw a gun in his hands. Prior to the 9th inst. the prisoner made use of a threat of violence, about two months before that date exactly; it was on a Saturday night, when he made use of the threat. He said that he would shoot mo and cut me up. I did not at that time give any provocation. I was afraid to pass the prisoner’s place on tiie 9th January. I saw him with the gun before the 9th. I could not say whether it was a double or a singlebarrelled gun. The gun now produced is precisely similar to the one I saw then, and I now recognise it as the same. Cross-examined by Air Purkiss ; It was a moonlight night; not very bright. I did not see the prisoner when he came to the front door and asked for me. After he, ordered me to come out I went to the back door and made straight for tbe bush; my back was then turned to

fcbe prisoner. The bush I got into was about 10 or 12 yards from the back door. I ran acioas as fast as I could go. . The gun was Rivd as I was rounding the corner of the house; prisoner whs then at the corner of the house. It was after he cum* round to the front ot the house that I heat'd the gtin. I saw no oiiii in prisoner’s hands until after (lie shot was fired. 1 was then from 10- to 12 yards away from him'. I did not hear the whistling of any shot of bullet, Airs Harris was, 1 think, standing doing something at the back door. I Saw no one else but Mrs Harris at the back door. William Harris, being sworn, said : I am a farmer, and keep an accommodation house on the Christchurch road, between the 19th and 20th mile-pegs near the Waimea Creek. It is about 12 miles from Kumara; and about 19 miles from Hokitika. I kiiow tlie accused* Edward Haylock. I also Know the last witness, Andrew Curie. Tlie prisoner was at my place on the 3th of this month, but not in the house* about ten o’clock at night. I saw hiui there; he came on horseback. He inquired if Curie was in the house. I stood silent for a time* then someone behind me said he was. He had a gun with him, I only know it was a gun; I could not say what soft of a gun; He told me he would stop Curie going through the road after what he had done to him. I left Curie in the house. In a few minutes afterwards accused slung the horse round the back of the house and fired a gun in the direction of Mr Peart’s paddock at the other side of the house, which was then in front of him* and before me. My wife called out to me after the shot was tired that there was something the matter with her head. I could not say how the gun was loaded, there was powder in it, because I saw the flash * it made the ordinary report of a gun. I never heard prisoner make use of any other. After the shot was filed I tiied to pursuade the prisoner to go home. I followed Curie into the paddock to protect him. The prisoner seemed to be perfectly calm* calmer than I was myself. He appeared to me to be sober. The shot went into the paddock. I do not know whether the prisoner owned a gim previous to this or not. I could not say whether the gun produced is the one or not. There were John Kellock,’ William Smith, and Francis Fell present then. They told him to go home; I believe they were all trying to get prisoner away. Cross-examined by Mr Purkisa : Kellock whs not with me when the shot was fired * the flash seemed to me to be too high to hit a man on the ground if he was a great distance away; I did not think he fired at my wife. She was somewhere about the hack door. It would hit a man if he were 50 yards away in the direction the shot was fired from the house. Prisoner was ou horseback when be discharged the gun. Sophia Harris, being sworn, stated : I am the wife of William Harris, the last witness. I reside at an accommodation house on the Christchurch road. I know the prisoner, I also know the plaiutift, Andrew Curie; he was staying at our place on 9th January. The prisoner came to our place the same night,at 10 o'clock. I was under the verandah at the back of the house at the time. When I saw the prisonerihe was on horseback. I noticed that lie had a gun in his right hand, which' he fired, Curie was then running away from the' back door. He ran past the prisoner who was on horseback. After Curie' went away from the back door, prisoner filed a gun. The gun was fired in the direction of Curie. The report of the gun seemed very loud to me. I had a towel and a lighted candle in my hand at the time. It seemed dark to me because I had the light in my hand. I cannot say whether it was a single or double-barrelled gun he had. Prisoner does not often come to our place. I never heard him use any threats towards Guile prior to this. I cannot say if prisoner was excited at the time.I am not sure whether the gun was in his right hand or not. Cross-examined by Mr Furkiss: I saw the flash of the gnu. I wa» frightened at the time, I think the gun was more pointed upwards than horizontal. If a full grown man were' on the ground at the time, I am quite positive the shot would not hit him. William Smith, being sworn, said : : I am a publican, and reside in Hokitika. I -was at Harris’s accommodation house, Christchurch road, on the ni"ht of the 9th insfc. I know Curie, the plaintiff; he was there the same night. I know the accused, Edward Haylock. He was at Harris’s on that same day; it was, 1 believe, between 10 and 11 at night when I saw him there; be was on horseback when I saw him. He asked if Andrew Curie was inside; Bomeono said “ Yes.” I think it wa»

Mr Kellock. I did not hear the prisoner make any other remark, I did not stir from the front of the house. I heard the report of a gun at the back <k the house. I have known the prisoner three or four years. I never heard £ihq make use of any threats towards Curie. I fold him this was very foolish, I advised hint to go away home. He said “Don’t be frightened, Billy.” I did not notice then that he had any gun with him. The report as I heard it was hardly the ordinary report of a : gun. The night was clear enough. Cross-examined by Mr Pnrkiss : I advised him to go away, I heard somehue at the back of the house. I asked prisoner to have a glass, of wine. It ■was in consequence of hearing Harris Say that prisoner had ilearly shot his wife that I advised him to go home. Francis Fell, being sworn, said : I hm a contractor, residing at Harris’s accommodation house, Christchurch road. I was there on the night of the 9th inst. I know the prisoner by Sight, and that his name is Edward Haylock. I saw him there on that night, about 10 o’clock ; he was on foot When I saw him. I heard him say “ Come out, here !” I saw him afterwards with a double-barrelled gun ; be Was then on foot. I cannot say if the the gun produced was the gun or not; I only know it was a double-barrel lei gun. I heard the report of a gun, but cannot say who fired ih I heard Harris say “ Go off my premises !” somewhat fcngrily. Cross-examined by Mr Purkiss : I jlid not see the accused that night before I heard the report of a gun. Sergeant Emerson, being sworn, said : I am a sergeant of police, stationed at Komara. I arrested the prisoner at 4 o’clock in the afternoon of the 10th inst., at a sawmill about a mile from the Kawhaka accommodation house. I explained to him the offence with which he was chnrged. He-made no teply save that he thoroughly understood the charge. He replied “ Yes, I do.” He seemed cool. 1 brought him then to his own dwelling-house at Kawhaka. Before going up to the door I asked the prisoner if he had a gun. He said he had—a double-bar-relled gun ; be said I will get it for you. I got the gun myself, which was hanging on the wall; he said that is the same. The gun produced is the same, and has been in my possession fever since. I examined the gun ; it was not loaded. The right-hand barrel Appeared to have been recently discharged ; but it bad been cleaned and Oiled out afterwards. The left barrel did not seem to have been so used or Cleaned; it was dusty inside. Prisoner stated that he had not used it recently. 1 examined the house at Harris’s and the fence, but could not find any mark 6f any shot about in the direction I was informed Curie ran. Cross-examined by Mr Purkiss : The shot might go over or between the fence, which is only a two-railed fence. This closed the case for the prosecution; Mr Purkiss, for the defence, said he had decided not to call any witnesses. The case was so weak, there was nothing to answer. If there was ever a mountain made out of a mole-hill,” or a “ storm in a tea-pot,” this case was an analogous one. There was nothing whatever in the evidence to attach guilt to his client; the evidence went rather to prove his innocence. Counsel dwelt particularly on the evidence of Mrs Harris who swore distinctly that the gun Wag firfed above the horizontal line of a man on horseback firing a gun, and could only be intended to frighten the complainant. He concluded by Submitting that their Worships should not keep the accused in a dungeon for two or three months knowing that at the end of that time a jury of his Countrymen would send him forth as a freeman. The Bench : We are of opinion that a priraa facie case has not been made out or established. The case is distnissed, and the prisoner is consequently discharged.