SUPREME COURT.

Nelson Evening Mail, Volume V, Issue 181, 4 August 1870, Page 2

SUPREME COURT.

Criminal Sittings. i [Before his Honor Mr. Jostice Richmond]. This Day. assaulting tiie police. — Continued. Henry Hunter : I am a police constable and was on duty at Charleston on the 21st June. I saw Lambert arrest Curtayne near the Warden's office. Curtayne tried to get away. I went to assist and we were then rushed into the street, I saw Culhane and O'Connor among those who were pushing us out. Some one then enquired by what authority Lambert was arresting Curtayne. Lambert read the warrant, when Curtayne said he would go tothe Court-house but not to the lockup. J. Stevenson corroborated the evidence of the two former witnesses with reference to Curtayne and O'Connor. Cross-examined : I heard Curtayne say he would not go to the lock-up because he had lately been there. I know he had been there a few days previous with reference to the Southern Cross business. I have heard a rumor that he had been locked up by order of Mr. Warden Broad who afterwards releasedhim on discovering that he had no right to lock him up. I heard Mr. Neai advise Curtayne to go quietly. I heard one of the other two prisoners give him the sam advice. I think it was O'Connor. Hfter the warrant was read there was no further resist ance. I have known the prisoners for some time, they have always been quiet orderly men, so far as I know. After a short consultation the jury retnrned a verdict of Not Guilty. BIALICIOTJS INJURY TO PKOPEKTY. Luke Morris, Robert Woolf, and John Curtayne, were charged with blowing up an engine house belonging to '.he Southern Cross Company, at Darkie's Terrace, Charleston, thereby endangering the life of William Lambert, The prisoners were defended by Mr. Conolly. Alfred Greenwood, suiveyor, produced a plan of the site of the engine house, prepared by him a few days after the explosion. Witness stated that the house and machinery presented the appearance of having been shivered to atoms. C. J. Andrews : I am agent of the Bank of New Zealand at Charleston. The prisoner Curtayne was a shareholder in the Southern Cross Company. As agent of the bank I had dealings with the Company. I had instructions to have the Company's overdraft paid off. I gave them notice of this in February last. There was an engine and battery of eighteen-stampers on the claim. I took possession of the works on the 28th of February. Lambert was put in possession by the Warden's Court at the commencement of the dispute. The shareholders, when I demanded payment, said they were prepared to pay off the mortgage. The original debt to the bank was about £380, and with interest amounted to £420. I said I would give up the deeds on the following morning. Claims by the wages ' men were afterwards made and allowed in the Warden's Court. In the District Court the

Warden's decision that the wages men had _| prior lien in the property, was reversed, and it was decided that the Banks was the prior claim. On the 16th June I sent out some men to get the claim in proper order for the sale, which was to take place on the 21st. On the 16th June I met Curtayne in theMelbourne Hotel, and told him it would have been better if the shareholders had taken my advice and paid the mortage off without going to a lot of useless litigation. He said, though we had won the case the matter was not yefc settled, and he woald take his chance of four years before the bank should get the property. I told him it was foolish to talk in that way. Curtayne was present in March when they spoke of paying the money. They asked me to take out the man in possession. I replied that I could not do so, and Curtayne said they would put him down th° funnel of the engine if he was not removed. Cross examined : Curtayne was a wages man. There were fourteen or fifteen altogether. Seven of them including Curtayne were shareholdersOne of them was named Thomas Cnrtain When the money was offered to me I said I could not take it on the conditions they offered and referred them to the solicitor. They wished me to withdraw the man in possession, bu? I declined to do so as the whole matter was in the hands of the solicitor. lam certain Curtayne said he would put the man down the funnel, but I did not think he really meant it. When I met Curtayne at the Melbourne hotel he seemed excited about the tria just ended. I have always known Curtayne as a decent respectable man. He did not say at that time he would take the matter to the Supreme Court. I believed him to be in earnest when he spoke of taking his chance of four years. He repeated the threat twice. Re-examined : A night watchman was sent out to the claim at the request of the man in possesion, as he said he was annoyed, and afraid to remain there by himself. John Lord : I am a carpenter residing at Charleston. 1 went to the Southern Cross claim on 16th June, in company with some others. I went out to work there for the Bank. I saw Constable Lambert there. I was told to go off the claim by Culhane. I saw none of the prisoners there. George Mackay : I am a bellman. I know the prisoners. They were at work on the Southern Cross claim. I went out there on the 16th June with posters advertising the sale of the plant. The sale was ordered by the Bank of New Zealand. I saw Woolf at the engine-house He would not allow me to post up the bills. He told me that I had better be off as soon as possible. I did not post the bills as Woolf would not allow me. He took me by the collar in the most jocular manner, and took me about 10 yards and said he would drown me in the creek. A man named Daly came down and said to Woolf ' You are not to harm poor George." Cross-examined : I don't think he meant to drown me. Ernest Kelling : I am Clerk of the Courts at Charleston. I remember a case of appeal at the District Court on 14th June, the appellants were the Rank of New Zealand, and the repondents the Southern Cross Company. The decision was in favor of the appellants. Cross-examined : There were fifteen wages men altogether. Morris and Woolf were among them, but not Curtayne. Thomas Curtain was one of them. Robert Lambert : I am sergeant of police at Charleston. I was there on 14th June. I remember the judgment given in the District Court. I saw the prisoners that day. I spoke to Morrris and Woolf either that day or the next. My brother was present at the time. A convertion arose about the claim, and the judgment given in the District Court. Morris said before the Bank should get the engine he would blow it up. I told him not to make a fool of himself. The ) conversation then changed. Morr's was in liquor j at the time. The sale of the property was advertised to take place on the 21st June. It was offered for sale by the auctioneer, but "was not sold. Curtayne and Morris were present. I went to the claim on that day. The machine and engine house were shattered to pieces. I saw my brother William Lambert there. I know the hut he slept in. It was nearest to the engine room. I saw Curtayne there. Culhane and others would not allow Mr. Greenwood the surveyor, who was with me, tomakeaplan of the place I told them I came there as a policeman to enquire into the outrage ! that h_d been committed, and not to interfere with any of their rights. Greenwood attempted to commence to make a survey, but was stopped by Culhane, who said he would not allow it to be proceeded with before the sale took place. Culhane who, I considered, spoke for the wages men, first asked the auctioneer to be allowed to say a few words. On receiving permission he said, " Gentlemen, you all know how we wagi?s men are situated with the Bank with regard to this claim, we are not going to ask for any charity, but if there are any men amongst you they will not buy this claim until the wages are paid, and if any one does buy it, he is not a man, and rrust take the consequence " After this no one bid for it. There were about 100 people present. I remained on the claim with Mr. Greenwood. I examined the boiler,'whieh was a tubular one, and found the outer plates blown to atoms, some burnt sacking was sticking to the tubes on which were the marks of gunpowder. I produce a bit of the boiler and a piece of the sacking. Cross-examined ; The hut in which Morris lived was higher up than the engine house. There is a solid bank of earth between them. I heard the explosion at Charleston. I did not know it had taken place until the next morning. After the property hud been put up for sale, they allowed us to proceed with the survey. The auctioneer said there was a reserved price put on tha property, but refused to state the amount. I did not attach the slightest importance to what Morris told me about blowing up the engine. AU che three prisoners have always borne excellent characters. Re-examined : Culhane's speech was made after it had been stated that there was a reserve price. William Lambert : I was employed by the Bank of New Zealand on the 7th March to take

charge of the Southern Cross claim. I served an injunction of the Supreme Court on Culhane on 23rd May. I was at the claim on the 18th June. There was then an engine and the customary quartz srushing appliances there. I went there after the explosion by which the plate room wasinj ured. I found fragments of plates all over the room . This could not have been done by the explosion. The copper appeared to have been torn off the wood work by hand. I heard Woolf tell my brother on the evening of the day on whick judgment was given in the District Court, that rather than tlie bank should have the b y engine he would blow it up. On Sunday morning the 19th of June I went to the claim about 10 in the morning. I sow Woolf and Morris in the engine room. Morris was working at a truck* I looked at the machinery. Everything was in good order and the boiler was full of water. I stayed about 10 minutes and when I left Morrir, Woolf, and a man named Giles were in the room. I was away about 10minute3. Morris and Woolf were there then. I noticed the water was running out of the boiler by yhe blow-off cock. I said nothing about it and did not stop the water. I went intoj town gin the evening and returned about 11 o'clock. I did not go into the engine house. I looked in as I passed but saw no one there. I went up to Morris's hut. Morris, Woolf, Ellis, Daly, and Buckley were there, Curtayne cams in afterwards. He asked Morris to go to town with him which he refused to do. I left about 1 2 and Curtayne came away with me and wished me good night at the door of my hut. Tom Curtain slept there with me, he was in bed when I got in. I was awakened about an hour after by a tapping at the window. I saw Tom Curtain sitting up in his bunk with his face against the window. He got- up and commenced to dress, and went into |the adjoining room. A man came in and struck a light. I did not know who he was. It was not one of the prisoners. He and Curtain spoke together and then left. I then went to bed again. About 3 or 4 o'clock I was awnkened by aloud noise and the house shaking. I got up and looked out, and saw the whoie of the engineroom was blown to pieces. I then laid down again until morning, when I went down to themine. None of the prisoners were there. I found the boiler and house shattered. Morris and Wolf used to drive the engine f>r the Company. I believe the explosion was caused by gunpowder. Erom the appearances I saw there I think the powder must have been put inside the boiler. There were pieces of sacking sticking to the tubes. It would have been necessary to remove the water from the boiler before blowing it un. The water which was let out of the boiler by Morris and Woolf on the day previous, had been in it ever since the 23rd May. The iron roofing was blown all about the place. On the 21st the property was put up for sale on the ground. I saw all the prisoners there. I heard Culhane warning people not to purchase. It was not sold. Cross-examined : I am certain the water had been left in the boiler for a long time, as I had frequently remonstrated with Morris for allowing it to remain. The proper way is to run the water off as soon as the engine ceases work. I do not know where Curtayne went when he left me at the door of ny hut. He started in the direction of the Company's offiee, where he usually slept. Three or four others generally slept there as well. I have seen the man who called up Curtain on the night in question since then. I have heard his name, but have forgotten it. Ido not know which way they went when they left the hut. I knew all the men in the neighborhood, but had never seen that man before that night. I By the Court : I have spoken to Woolf since the explosion about it, and he said it was an awful I thing and he couldn't think how it occurred. 1 Alfred Greenwood, re-called : When I went up j to make the survey, Culhane in the presence of the prisoners, asked me under whose orders I was acting. I declined to tell him at first and he replied " Under those circumstances we would rather you did not proceed with it." I then said I was doing it by instructions of the Sergeant of Police and he said " Well we won't have it made until after the sale.." I then returned to Charleston, and went back with Sergeant Lambert when I saw the same men there together with a number of others. I said " Here is the Sergeant and he will tell you what he wants me to do." Lambert said he had simply came as Sergeant of Police, and not for the Bank O'Connor said he would not have it made, and Lambert said he should, and directed me to commence. I was putting a stake in the ground when Culhane took it from me and threw it away. Lambert said " That's enough, that's an assault." This was about half-an-hour before the sale. I was present when the property was offered for sale. Culhane then made a speech to those assembled about the sale. He was apparently acting as spokesman 'er the rest. This concluded the case for the prosecution. Mr. Conolly, after addressing the jury, called George Buckley, who said, I know tlie prisoners. I was at Morris' hut that night. I left about 12, leaving Morris and Woolf in the hut. I went to my own hut about half a mile away. Bartholomew O'Brien : lama miner. I have no connection with the Southern Cross Company. I know Curtayne. I saw him on the Sunday night before the explosion. He was at Murphy's in Charleston where I was staying. It was about 11 at night when he came there and he left at about 8 the next morning. He slept in the same bed with me. I invited him to stay as the night was so wet. I heard the cxplosiou. It woke me up, but I had no idea what it was. The first we heard of it was from the baker in the morning. Cross-examined : It was about 1 1 when Curtayne came in. We went out for about half-an-hour, after which we came back and went to bed. I didn't know where Curtayne came from. I knew him before. He was working at the Southern Cross. Dennis O'Sullivan : I was at Murphy's when Curtayne came in. He stayed there all night. John Hallow, storekeeper: I went with Curtayne and a number of the other shareholders in the Southern Cross to the Bank in March last. I went to pay off the mortgage. Mr. Andrews said he could not act without his solicitor, Avho

was out of town. Curtayne wanted the man in charge to be removed, which Mr. Andrews declined to do. Bohan said jokingly if it was his case he would put the man down the funnel. In the evening, after the decision in the District Court, I saw Curtayne, and we went with Mr. Andrews into the Melbourne Hotel. The trial was talked about. Curtayne said that although the Bank had beaten them that time, they hadn't done with them yet, but would bave another slap at them. He never said anything about taking his chance of four years. I saw Curtayne on the morning after the explosion, at Murphy's house; he was just getting out of bed. There was one more witness to be examined when our reporter left the Court. For remainder of News see Fourth page.

High Water at Nelson. Mom. Afternoon. Thursday Aug. 4 ... 2.5 2.25 Friday „ 5 ... 2.40 3.15