SUPREME COURT.

Nelson Evening Mail, Volume VI, Issue 274, 20 November 1871, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. [Before his Honor Mr. Justice Richmond.] THIS DAY. The sessions of the Court commenced this morning, when the following gentlemen were sworn in on the grand jury: — T. R. Fisher, IT. Baly, H. Goulston, J. Burnetr, T. Cawthron, W. Oldbam, H. Davis, J. R. Dodson,*J. W. Bamicoat, A. E. Curtis, T. E. Hodder, B. P. Bain, A. Warren, A. D. Austin, J. Lewis, J. T. Lowe, D^M'Donald, J. Gully, J. Watkins, K.. Levien, F. H. Blundell, A. Le Grand Campbell, F. Edward?, N. Edwards (foreman). . v His Honor, in addresajfog the grand jury, said that on the presen't circuit there were six cases for trial, none of them being of the gravest character, though one or two were raiher serjous. It happened curiously enough that out of these six cases five were from Marlborough, a most unwonted occurrence, and one which was the "more curious as it was just on the awe of a Circuit Court being established in that province. In the sixth case alpo, it was a mere chance that the prisoner, had not been arrested in Marlborough province. The two cases of the greatest puhlic interest were those of assault at Havelock. The evidence that would ba laid before them would possible lead*the\n to surmise that there might be matter of defence, not merely of excuse but of actual exculpation, but, as Grand Jurors, their duty would not take them into the defence; it was for them only to see that tliere was a prima facie case for the prosecution, The defence, no doubt, would be that the injuries were inflicted on the prisoners in self-defence. The law would warrant the use of a deadly weapon, even such asa, gun, in order to protect life or limb. But the use of firearms merely to prevent' .forcible entry into a dwelling without menance to life or limb would not be justifiable, and if death ensued it would be manslaughter. In the- present instance there might have been reasonable apprehension of such danger, and do doubt this wou ld have to be co nsidered lin Cou r t at "some stage oi, the proceedings. Another serious 6at/gQ was one of arson. In such cases the evidence -was generally circumstantial, and it was often exceedingly' difficult to .decide ,upon£ •„ ,'%s the session pf^Paniamentjijijst'closed; .several changes > had-,: been-made ■in the laws, but,; up to ; the? .present time,^they were without information of what had, .occurred.. He /himself ,:4i4^ : ndt : ; '^,p]o^:': wjhas j^bbk-'^il; ia^wr^V^h . s:rißfer^n^o Jurielw'v; .Ifc(^a4||ißen, pj Qposed ■ JfcoS&llojwt^

this was now the law or not ho was " not in a position to say. They must, however, assume that our legislators had taken care not to make any laws which should come into force before the Courts of the country received notification of the fact. The aholitiou of Grand Juries had also been proposed. He did not purpose to enter upon a question just discussed in the Legislature. He would ooly remark that one effect of the institution appeared to him to he a very good one. The assembly on theses occasions, being a body of the principal citizens, certainly tended to give additional solemnity to the proceedings of the Court, and to keep in mind that the ugly fact of crime with which the Court has to deal is ,a matter of the deepest public import, and one with which every person of high social station, had individually to deal. He' did not intend herehy to advocate' the continuance of grand juries because no doubt the institution might be so modified and the judge put info such relations with Common Jury panel as to preserve the real advantages of a Grand Jury. , ■ James Cook, at present undergoing sentence in Picton gaol, pleaded guilty to a charge of horse stealing. Sentence was deferred until to-morrow morning. The Grand Jury then returned True Bills against Horatio Nelson Firth, and David Henderson Murdoch. Horatio Welson Firth was then charged with feloniously assaulting Dennis Quinlan. Mr. H. Adnms appeared for tho prosecution, and Mr. Fell for the prisoner who pleaded Not Guilty. Dennis Quinlan said' he was a miner residing at the Wakamarina. He knew the prisoner Firth, -with whom he had been in the habit of dealing.. He bad off en stayed at his house, probably a hundred nights altogether, sometimes four or five days at a time. Was there on September 11th, and stayed two or three days. I was drinking all the time. Ido not remember leaving the house, on Thursday evening, but I recollect returning. I rapped at the door, when Firth came and asked who was there. I replied, and said I wanted to go to bed, but he would not let me in, and, using some unfriendly words, told me to be off and go where I was the day before. I asked him where he meant, and he said Wilson's. I said I never stayed there but always at his house. I still kept rapping at the door with my bands, when Firth and another man came to the door again. One of the nien said let the wretch come in and I'll do for him. I persisted in asking to be allowed to go in, and after I had been there about hall-au-hour a shot was fired through the door. I did not see who fired. The door had been previously brokeu by some severe blows administered from the inside. The gun hung fire for ai second or so, , and, between the snapping of the cap and the report, I heard Firth speaking, I was struck on the right side by the shot. Five shob were taken out when I was at the Picton Hospital, where I had to go on accouut of the wounds I received that night. There was 110 light in the bar, but there was in a little room close by, and through the broken panel I could see aud recognise people when they passed the hole in the door. I did not let them know I was shot until after some time, when I heard a gun suapped ag&in, and Murdock saying he would blow mj* brains out. I then told him to fire away, as I was already shot through the heart. I was also struck on the nose ; I think with the muzzle of the gun. I said they,, were cowardly wretches, and remained , at the door some time after, when I was again struck on tihe face with an axe-handle by Murdo«dWffough the broken door. I wandered about outside some time afterwards. Cross-examined by Mr. Fell : I was very drunk all day, and through the evening. The last drink I remember having was in the early part of the day. I dou't recollect snatching the scales off the counter and brandishing them about becauae they wouldn't give me a drink, I do not remember anything that occurred during the afternoon. I might have behaved very violently without knowing anything at all about it. ' Wfi'en I asked to get, in, I didn't hear Firth say that he was afraid of me, or that 1 if I attempted to force my way in it would be at my peril. I remember picking up some stones after I was shot, but not before. I don't remember hurling bis? stones at the door until I smashed it. I remember Murdoch advising me in a: friepdly; manner to go tionW after I had recejvod:all the wounds. The reiiainder of .the cross-examination went to prove' that witness had on more ithan v one , .occasion r orevipusly. , behaved himßel^'.vei:j;>j(jlXn^!;)'>e n . drunk,' and that he had/ 'bee^ convicted more than once for .asiaalting'Tpa^spns... ( . r , ."■ < Ut / John Leslie Waraer^\| ;ajai a, gardener fesidin^in. the Pe^rus:; v I^as'ai; Firth's libuse; on^the etenmg of ' Thursday 14th

September. -Quinlan was there when I arrived and be shouted for several of as. He had some more drinks, and then Mrs. Firth refused him, and he commenced to ' annoy her when she sent for Mr. Firth, , who cama in, and also refused him drink. I ndvised them to get Murdoch in and let him give Quinlan a little more just to quiet him, but he would not tske it from Murdoch. He then went into the parlor, and brought out an empty bottle, which he smashed on the counter, grumbling that he could get no more drink. He then sat quietly by the kitchen fire, aud we sat down to tea, when Murdoch made some remark which displeased Quinlan, when hejumped up and ran out. Firth and Murdoch thought the best thing was to keep him out, so they closed the door, and we rolled a cask of ale against it, so that he could not open it, After a while he returned and rapped at the door, and was refused admittance. As he went on knocking Firth and Murdoch each got a gun and loaded them with shot, and then advised Quinlan to go away, saying they would not let him in as he was too drunk, and that if he did not go away they would shoot him. I begged them not to do that but rather let him in, and we would all set upon him and tie him down. Just then I turned round when at that instant a gun was fired. I do not know which of them firei', but Murdoch came up to me in the little parlor and said, "It won't do for it to be known that I fired the gun." Up to this time Quinlan hod done nothing more than shake tie handle of the door and occasionally give it a kick. The gun was fired from the bar, and made a round hole through the door. The door was smashed by Murdoch who drove the muzzle of his gun through it, and also hammered it with the but. I heard Firth say during the evening that it was he who fired the gun. Cross - examined : Shortly after I reached Firth's, Quinlan annoyed Mrs. Firth by saying he wanted to speak to her. To get rid of him, she got over the bar and went and called her husband iD. I stayed there because I liked Firth, and did not like to see him annoyed, so I said I would remain to lend him a hand if Quintan got too troublesome. I think the door wa3 broken by hammering from both sides, by Quinlan outside and Murdoch from within. I did not hear Quinlan throwing stones at the door. Next morning I saw a stone about l^lb lying inside the bar. I never heard Quinlan make use of one improper word at the time. He ody asked to be allowed to come in and go to bed. I did not say at the first trial before the Magistrate all that I have now said, because I was not asked questions, that would lead io such answers. The Judge: I cannot imagine any man beiug so simple as to hold back the most material part of his evidence, because the lawyer did not ask him certain questions. Cross-examination continued: Quinlan came up to see me at the Pelorus after he came out of the hospital and I asked him whether he was going on with the case, to which bei replied, u Certainly," and went ou to my that. I should have to attend to give my evidence. He never threatened me or told me what I was to say. Ido not recollect that anything more took place between us. We did not then concoct what I have now said. I never stated that pressure had been put j upon me by my mates or any of the diggers in order to compel me to give evidence against the prisoners. I have said that I was sorry I was ever there or had in any way become mixed up with it. George Brown : lam a miner residing at the Wakamarina. I was at Firth's on the evening of 14th September. I got there in the afternoon, and Quinlan and Warner were then there. I had tea there. Quinlan was sitting quietly in the kitchen by the fire. After a time he got up aud went out when one of them said, now lie was out the best thing was to keep him there, so they barricaded the door witt^ a barrel of ale. Shortly after, he came*, back when Firth said he would fire at him if he attempted to break io. Warner said, " For God's sake don't do that so long as I

am in the house as I should not like anyJ thing to happen to him while I am here." Firth and Mnrdock then went into the next room and came out each with a gun in his hand. I then heard them parleying with Quinlau who was kuocking harder at the door. I then heard the report of a gun, and short'y after jl saw Murdoch come out of the bar into the kitchen and reload hig gun. I heard Firth say afterwards that it was he who had fired. Later in the evening I went out to give Quinkn a drink of water, when he showed me the wound in his side. I told Firth when I went back that he had shot him in the ribs, aud he said, "Oh, nonsense ! I fired too low for that."^ Cross-examined : Just before the gun fired I heard a tremendous crash. By the appearance of the hole in the door I should say the gun must .have been fired sloping downwards. I can'c think what position Quinlan could have been in to receive the shot in the ribs. I have known Quinlan for some time, he is a decent enough chap when he is sober, but an ugly customer when drunk. He was mad drunk oj^the evening in. question.