PALMERSTON DISTRICT COURT.

Manawatu Times, Volume IV, Issue 73, 22 September 1880, Page 2

PALMERSTON DISTRICT COURT.

Monday, September 20, 1880. [Before his Honor Judge Hardcabtii.J CHANGE OF SITTING.. Before the formal opening of the business of the Court, Mr. Fitzherbert, the Crown Prosecutor, said he wished to bring a matter under the notice of his Honor. Much inconvenience had been experienced both by witnesses and jurymen on account of the Court being holden on Mondays, which necessitated those having business — in a great many cases — making the journey to Palmerston on the Saturday previous to the sitting, and remaining over Sunday. Upon a recent oocasion, his Honor the Chief Justice had altered the day of sitting in order to meet the convenience of country settlers. His Honor admitted the justice of the remarks made, but would prefer not making any specific alteration until he had considered the matter more fully. The reason why Courts were opened on Monday was in order to have the whole week, should necessity require it. He did not think, however, that such a step was necessary, as far as that Court was concerned. If, however, the proclaimed day were not altered before next sitting, the difficulty could be easily obviated by having it. adjourned. NOliliE PROSEQUI. The Crown Prosecutor said that in virtue of the authority vested in him, he had determined not to present an indictment in ths case of Perreau, cQ.nmittel upon a charge of larceny. He would, therefore, ask that the bondsmen for prisoner, who was out on bail, should be relieved from responsibility ; and further, that the witnesses should be released from their recognisances. Application granted. CHANGE OF VENUE. Mr, Fitzherbert made another application with regard to the prisoner Walter Williams, committed upon a charge of larceny. The application was that the case should be remitted to the Supremo Court, and the grounds were the following: In looking over the depositions he considered that while there was no evidence to prove the charge of laroeny, they contained very strong elements to substantiate a change of embezzlement. If, then, the Jury found upon the latter count, it would be for a crime beyond the jurisdiction of the Court, and consequently the trial would be impotent. He would, therefore, ask to have it remitted to the superior Court.. His Honor said it was not necessary to remit, as leaving the case for trial was quite sufficient, and that course was adopted. BRUTAL ASSAULT. Thomas Pearce was placed in the dock charged with having brutally assaulted William Osborne, at Oroua, on the 4th instant. The following Jury was empannelled : T. V. Browne (foreman) ; A. Harding, Edward Turner, Ezra Everiss, James Harris, Eiehard Price, Thomas Rutherford, George Clarke, Eiehard Print, William Pichard, G-eorge Dear, and Robei t Kirk. Mr. Fitzherbert having briefly stated the facts of the case, called William Osborne, who deposed : I reside, on the Oroua River, and ajin a farmer. I am tbe prosecutor in the present case. I know tbe prisoner and recollect seeing him on Saturday fortnight, that is, on the 4th, It was on the ground that I occupy ; it is leased from the Natives, It was just after dinner. My youngest son was with me af, the time. H® w*»s building a whare, and I asked him what he was doing breaking up my grass and ground. He said, "I will soon show you," and having a long pole in his hand, and he had two men with him — foreigners. It was a pole about two inches through, and twelve or fourteen feet long. He thrust tha pole into my left side. The shock knocked me down, and I said, " You, have broken my ribs." He then knelt on me and hammered me about the face and eyes with his fists. I feel the effects of the blows even now, and am quite dizzy in the morning. I got a hold of his shirt in trying to Bave myself, but it tore all to pieces. When he w.as on the top of me he had a tomahawk in, his., hand. It was one which he had been using. I became insensible from the beating. My son put me. qu to a horse and brought roe home. I could not have got home myself, as I was quite unconscious until half-way home. My son, Benjamin, w.as" present when the assault was commenced. IJliere was no other «on present wjien,l was first attacked, but when I recovered my two sons, Benjamin and Hugh, were, holding me on the' horse. I had to, go about half a mile to get home. On Monday I went to Foxton t<jt, see a doctor, as I could not afford to bring one to see ma I am. still under Dr. Barljer's care. I am suffering internally from the injuries received. I also suffer great B^infrom my hack an,d head. I was in my usual bodily health at the time of the assault, and I have not been able to do anything at all since. I suffered a great deal of pain for eight or nine days. I did not do or say anything to provoke s^s&ull^ •?^. e . 4°. c J t . < K h* 8

told me that one of my rib. ie broken, an I felt sure that suoh was the case when prisoner prodded me with the pole, To the prisoner j Mv three sons were not with me at the time of the assault j when J left home Benjamin was the only one a. home, and be was the only one who came with me. I had no ate with me, nor made no attempt to cut the whare down, nor knocked no planks down. I did not strike you with an axe, aa I had none ■;' neither did you wrest one *rom me. I was bleedingvery freely at the nose and head. I saw no blood oome from prisoner, The shirt produced may be the one you were wearina ' at the time, but I do not know whose blood is on it. The stirrup produced be- v longs to mv hoy. To the Bench : I am fifty-five yean of age. Ido not know whether or not soma of my blood may have fallen upon the prisoner. I am not aware whether I said before the Magistrate that I knew one way or the other. I went to see what the ac, cused was doing on my ground. I did not take anything with me. I had been plough* ing and I took the houses out, and tied them up to the fence. I took nothing in my hand when I went np. I heard a buildin* was being erected before I went op to wh_w Pearce was. I told Pearce I would have the buildine put off —that is, ceraor«d, aa. it was about half a mile on to tny land! I did not mean to put it off at that time. The names of both the men who were present were Charley, and they saw all that occurred. The moment I got up to accused without the slightest provocation he rushed up to me. I neither abused, struck, no* threatened him, I merely said I would not/" have the house there. I did not know -iKa aoensed was cut about the head. To the Foreman : The prisoner had the pole in both hands when he knocked ma down. He had the tomahawk in his hand while he had the pole, but I could not sarin which hand it was. I am sure of' that' as I saw it. On Monday it took me three hours to go on horseback from my honse ta the Oroua Railway station— six miles— and I then went to Foxton to see the doctor. When I arrived at Poiton I was assisted intoWhyte's Hotel, and I remained these until the following Saturday. Benjamin Osborne, deposed : lam tha son of the prosecutor. I know the prisoner, and recollect seeing him on the 4th of September. It was on my father's land. Ifc was after dinner. Prisoner was building a whare on my father's land. I told him we. did not want a where built there. I told father, and we both went back to where, prisoner was. There were two men with him. Father asked prisoner what he wai doing there? and he replied " He would show him." My father told him to take, the building off*, or he would. Pearce then threw a tomahawk at my father, and then immediately snatched up a pole and thrust it at him and knoeked him down. Then as he rushed towards him he again nicked up. the tomahawk, but struck bhn with hia clenched fist. As he was getting Hp Pearca kicked him. Just abont that time my brother Hugh came up/ We then helped* my father upon the horse, and just as wet were going away, prisoner said "Til do for. you, you old -." The two Charlie* were present all the time, and when mybrother Hugh tried to take Pearce off- my. father, tbe two prevented him from doing, so. My father was ao injured he could not stand; that was the reason -we. had to put him on lhe horse. My father went on a. truck by a tramway to the train and thence! by rail to the doctor. To the Prisoner i Ify father did not bring an axe with hrai. My father's nose was, bleeding and your head- also. Your blood might have been caused by my whip. Toa knocked mv father down with a pole when he first went to you. The tomahawk did* not hit my father, but you threw it at him. ' I am sure it was not a hammer, and that it* was a tomahawk— just like a .small axe. When we went up to you you were getting, some timber ready to pat on the house ;. you were not naiMng it on. I was not at all? afraid you were bleeding to death. I did not hear, you tell one of the Charlies io ga for a doctor. I had no trouble to prevent mv father. knocking tha house down. Mybrother lost a stirrup from his saddle, bnt ; he never threw it intending to hurt any one. To Mr. Fitzherbert *. The prisoner took * run at my father and thrust the pole at him, with his two hands. My father. never made, any attempt to knock down the house at all. Tat he Bench :. Ihavasaid that the bloodon Pearce may have been caused by my> whip, that is, when he was on. top of my father. I hit him on tha head with mywhip, hut it was not heavy enough. I hit him with the handle. The whip was. one I mada myself, the lash being of calf-skin^ and the handle, wJiich was of willow, was about a foot or. eighteen inches long. Tha : accused was, npt bleeding very much. After. Pearce had knocked my father down with, the pole, he picked up. the tomahawk which. he had thrown before. After my father got. to his. legs again, Pearce knocked him down. , a second time with the same, pole. In the. interva. ha had put a point upon it with tha tomahawk. When I told my father that Pearca was building tha whaj-e, he was dig-. . ging a bit of ground with the spade. He, left the spade where he was working, and took nothing up in hia hand. The horse, upon, which my father was lifted, was ona which my brother had ridden up upon. My father had just left off ploughing, andhad commenced to dig. The blood on. Pearca's head may have been caused by tha tomahawk- during the struggle with my fatjh.er A One of the Charlies knocked ma over with the pole, and then kept me off. Hugh Osborne examined r lam the son. of the prosecutor and know" the .accused, I recollect seeing him on, the 4th of SepV tember, on, my father's land. Ha was build*!. -- ing a small whare. There were two men,.*"! with him, beside my father and young brother. When _j arrived at tha scene my father was lying on his back and Pearce. kneeling on him with, a tomahawk in hJM. hand. Bje, was beating my father about the. head and face, with, his fists, I tried to get to my fathers assistance, but I was stopped, by Pearce". men, who had long poles. Ona of the poles went right through my clothes, right into my side. After my father had? got half up Pearce attacked him again anct kicked him down again. The. third effort which my father made to escape was by'" holding, on, to some stumps, but Pearce beat him down again with the. pple. Pearce. then challenged me to fight, and followed us up when, we tried* to get father away. Mjy father was. so, insensible,, that we had". to lay him across the horse, _*t wou|dhave. been impossible, for him to have got. home, by himself, aa he was perfectly unoon-. •pious. To the. Prisoner : i made ne threats on, that or on the previous day thakf I would) whip you. I did- not throw the stirrup iron, ajt you, and did not know-it had been lost until I got home. I did not hear you tell* your men, to go for a doctor, but I heard.you say "go into them, boys ; I'll manage, the old-sr^rr-— -$ you, will settle' the, others.'*'- . To the. Bfnph : "When I first my- ' father, Pearce was kneeling.upon him, holding him down w.ith .tjbe left and hammering^ him. with the. right. He had the toma,.hawk in the lyift hand, and father was strug-. gling to get up, When TfP went to tha. scene of tha assault we did not take anjy. weapon with us, , AJe^dejt* Bajhw defied \— £ «^ \

|egally.-c[«al_fl»4 medical practitioner resi<jling in foxton. I know the prosecutor, William Osborne, I was palled en the 6th pf September to attend him at Foxton. Jle had two contused wounds, one over each eyebrow several bruises on his body, % broken rib on his left side, and suffering from hsenaorrahage from the bowels, resulting from a shock. Blows or kicks would cause the injuries I examined. Sever ral blows must have been struck. I attended him during a week, as he was very weak and he remained under my advice. Th* broken rib was serious and the shock would produce more serious consequence them any one of the wounds. He is still under my treatment. He is by no means recovered as yet, and it will be some con; I siderable time— montns, in fact— before he is free from the effects under which he it •aow suffering. . To the>nsoner • A sharp pointed pole would n;*Jf produce the effects on the side as it was a contused wound. If prosecutor ftad been thrown down with considerable forte upon a stump, the rib might have been broken. There is no wound which could have been inflicted with a tomahawk. To Mr Fitzherbert : Had the prosecutor been struck by the blunt end or side of the pole, the injuries received might have bean received in that way. This was the whole of the evidence for the prosecution, and prisoner upon being asked if jt had any witnesses to produce, stated that a man named Q-ibbons who had Seen the whole transaction, had promised to be present. However, he failed to answer to the call, and his Honor, in order w0 Jo give J*"-** acet-iitd every ebanee adjourned the Court. * • resuming, the prisoner stated that the witness upon whom he relied had not turned up, and he commenced to address the Court in defence, He stated that Osborne was altogether the aggressor, and anything he had done was in self-defence. His Honor summed up at considerable length, the Jury retired, to consider their verdict, aad after an absence of half an hour, returned into Court with a verdict of *"' Guilty," with a strqng recommendation to mercy oa the ground that he was undefended, and that he had no witnesses. The Judge said he fully agreed with the verdict returned,' as he could not see how the Jury cgulfi help finding the prisoner guilty, elthsßgh.he should say he could ecareelv see the drift of the recom menda tion. It was quite evident that they were satisfied from the testimony of the guilt of prisoner, aud .consequently the Want of witnesses would not alter that result. It was incumbent upon tbe Court to protect the public, aiid that could not be done by the infliction of a mere nominal penalty or punishment. Prisoner would b» sentenced to twelve months' imprisonment, with b*rd labor, in Wanganui Gaol.