SUPREME COURT.

Nelson Evening Mail, Volume IV, Issue 282, 2 December 1869, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. [Before his Honor Mr. Justice Richmond]. This Dat. True bills were found by the Grand Jury against John M'Loughlin, Henry Michael O'Brien, and Patrick O'Sullivan, for murder, and against Thomas Braithwaite, for bigamy. The Grand Jury made a presentment, in which reference was made to the anomalous state of the laws of New Zealand with regard to debtors and creditors. The Jury being of opinion that a marked necessity exists for an alteration, which shall empower the Inspector of Bankruptcy to take posession pro tern at least of the stock-in-trade, books, and other effects belonging to the estates, immediately on the notification of insolvency appearing in the Gazette; that a limit should be fixed to the time within which claims of creditors in bankrupt estates shall be. proved ; and also that the costs in bankruptcy cases are at present excessive. The Jury further presented the great inconvenience attending the summoning Jurors in some cases in much larger mumbers than are necessary for the purposes of the Supreme Court. His Honor replied that he should be happy to become the medium of forwarding the presentment to the General Government, but that he was powerless to act himself. The best advice he could give was that some of those who felt so .strongly in the matter, should . become , members of the House of Representatives. The presentment however, following as it did upon one to the same effect presented by the Grand Jury at Hokitika, might have some effect on those with whom the framing of our laws rested. With reference to the number of jurors, there were occasionally cases of great political interi c t, when it was necessary that there should be a large panel. MANSLAUGHTEE. John M'Loughlin, Henry Michael O'Brien, and Patrick O'Sullivan were charged with having wilfully murdered at Charleston, on the 16th November, one Patrick Kirk. Prisoners pleaded Not Guilty. Mr. H. Adams and Mr. W. Pitt appeared for the prosecution and Mr. Conolly for j the prisouers. The Crown Prosecutor having opened the. case, his Honor said that it did not appeared to him that anything more than a charge of manslaughter could be established against the prisoners, and the jury were instructed accordingly. William Morrison sworn : On the morning of 16th November I saw the prisoner O'Brien and three or four others comiug down Princes-street, Charleston. Cuilen was with me. O'Brieu accosted him and then struck him. They had a struggle and both fell down. Cuilen, when he got up, tried to get away. He was soon caught by three or four men that were about who shoved him through the shutters of Master's store. There were a lot of men altogether under the verandah where a scuffle was taking place. One went in with some stones in his hands and I saw him knock a man down with them. I saw deceased lying on the ground, M'Loughlin was near him. Cross.examined : I was present all the time the row lasted. The man who had 1 the stones in his hand was bigger than either of the prisoners. He was striking about. in the crowd. By the Court : They atl seemed to me , to be trying to attack Cuilen, though I do j not know the reason. William Cuilen: On the morning of the 16th November I was coming down Princes street, when O'Brien came up and accused me of having insulted him, and then struck me. A struggle! to °k place, when we fell. I got up and tried to get away, as I saw a crowd coniing up the street. They all came at me, and I forced myself- through the shutters of Master's store. I don't re- : member seeing O'Sullivan andM'Loughlin. Cross examined: I never saw Kirk till his body was brought into the Oddfellows' Hotel some little time after. Patrick Callaghan : I saw O'Brien and Cuilen fighting on the morning of the 16th. A crowd soon collected; the three prisoners were in the crdwd r^ He and TM'Loughlmi^Wer^ai my sister's house that morning ; * both Speared to be |tipsy.7 ';'; At: - '.the* time ~ Q*slen; was» j pushed' through the shutter deceased was standing 7'.'ci9Be : ,-.^ street. M'Loughlin and another came, up .' Xx'JX" 7'"' ;••'*^--W^*'^'*- I *-^:'^ A? J-AX'A'AJ^.AAt} „

and struck him. I saw a man named Sherlock struck in the crowd and knocked down senseless. I went and fetched him out to where Kirk and I had been standing. "When I came back I found deceased lying' on his back senseless, and I assisted to carry him into the Oddfellows' Hotel. Cross-examined : Kirk and M'Loughlin were drinking together in the West Coast Hotel in a friendly manner about five minutes before Kirk was struck. A man, came out of the crowd and struck Kirk at the same time with M'Loughlin. — Jones : I was present when the row took place at Charleston. I saw M'Loughlin kicking, and striking, and " yahooing " about. I saw Kirk standingwith his hands in his pockets and shortly after I saw him lying dead in the street. He had taken no part in the affray. ;...' By the Court : The attack commenced; upon Sherlock; those who came to hi* rescue were all served the same. I did not see Kirk struck by any one. Charles James Hill: I saw the row on the 16th November. In the course of it I saw a man knocked down, and M'Loughlin and another kicking him as he lay on the pathway. I should know the other man if I saw him. The man whom they were kicking was Patrick Kirk. I went up shortly after, and found that he waa dead. I saw O'Brien in the crowd, Eliza Nelson : I saw Patrick Kirk knocked down in Princes-street and M'Loughlin kicking him as he lay on ther pathway. I did not see anything more of him until his body was brought into tha Oddfellows' Hotel. Charles Harrison: I was in Princesstreet, where I saw three or four men striking one. I called out "Shame,"' when M'Loughlin struck me and knocked me down. ■ Joseph Henry: I am a duly qualified medical practitioner. I saw the body of Patrick Kirk ; it did not show any great amouut of external injury, there was a slight discoloration about the throat, as though the clothes had been tightly twisted. There was a contusion on the top of his head, and beneath the skull cap I found extravasated blood, which was tbe cause of death. The extravasation was caused, I believe, by the blow on the head. Death must have been almost instantaneous. There was the appearance of a blow on the left eye, and the impression left on my mind was that he had been, knocked down by this, and afterwards received the fatal blow ou the top of his head. Cross-examined: The blow on the head might have been inflicted whilst he was standing, but as death must have followed almost immediately, I imagine it must have been received after the one which had discolored his eye. This closed the case for the prosecution. For the defence -Mr. Conolly called, Mary Sanderson, who said : -- 1 wasbarmaid at the Oddfellows' Hotel on the 16th November. I saw Kirk in the crowd. I did not see him knocked down, but I saw him lying on the pathway, and a man kicking him. That man was not one of the prisoners. I don't know who he was, but I should know him again if I were to see him. The Crown Prosecutor was summing up the evidence for the Crown when we went to press.