RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume VIII, Issue 87, 10 April 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before Lowther Bboad, Esq., R.M.) This Day. Walter Long Wrey was charged with maliciously injuring and destroying the •windows of St. Michael's Church, Waimea West. Mr Acton Adams appeared for the prosecution, and Mr Fell for the defence. Mr Adams, having opened the case, called Louisa Palmer, who said, I ara the daughter of Mr John Palmer, storekeeper at Waimea West. I know St. Michael's Church whioh stands within Mrs Blundell's property, known by the name of Staplegrove. I was practising on the harmonium there on the evening of Saturday the 29th March. I noticed nothing unusual about the church. It was about half-past six when I left. I returned to church the nest morning about 11. I found the churchwarden aud two or three others picking up glass from the floor. The key is usually kept underneath one of the buttresses. I put, it there when I left. The block of wood now produced usually lies near the key. I think it was there on Saturday Bight. Andrew James Richmond : I drove up from town to Staplegrove on Saturday evening, the 29th March, and in doing so passed close to the church. It was then about a quarter past six. The sun was just setting. I could see the windows quite plainly. They were perfectly whole and sound. I heard the harmonium as I passed. I remained at Staplegrove all night. I next saw the church on the following (Sunday) morning at 11 o'clock. I noticed a great commotion among the people who were standing round the church, and 'my attention was directed to several of the windows which were broken. I noticed on the .south-west window, which was broken, two drops of blood, apparently fresh, and also blood on the block of wood which is now produced and which was shown to me at the time, having been found at the north side. Cross-examined : lam quite sure about the windows being sound when I passed. Henry Challis : lam churohwarden of St. Michael's. I usually open and lock the church, and place the key under a, buttress. The block of wood now produced is laid over the key. On the morning of Sunday, the 30th March, I went to the church as usual a little before 11, and opened it. I found the key in the usual place, but did not notice whether the Block of wpodXwas there. I entered the church .through the vestry, and once; saw broken glass lying on the \. floor. All ' the windows on one side were broken , ; and all;but one on the other. They Iboked as though they had been smashed with some

heavy instrument. Each window was one sheet of plate glass. Directly after service I saw the block of wood produced, which was given to nie .by one of the congre-j gation. There were a few spots of blood which looked fresh, aud some bits ofXgiaßS sticking to it. They might have been trodden into it. William Stallard, glazier, said : I put the windows in, and my account for the plate-glass windows was a little over £15. In addition, the stained glass window would be worth at least £3 or £4. I see little specks of glass in the block of wood produced. They could scarcely have got into it by being trodden in, or by glass falling on it. ■ ' *• . By the Bench : I scarcely think that those specks of glass could have entered the flat side of the block by its being used to smash the windows. Had the flat side come in contact with the jagged pieces of glaas, that might account for the small pieces being found in it.. The penetration of those pieces into the block depended-, I think, entirely upon the force of the blow.

Peter Levy, constable : I was sent to Waimea West by the Inspector on Monday 31st March to examine St. Michael's Church; I found all the windows, six in number, broken on the South side, the chancel window, and four on the North side. The chancel window appeared to have been broken with some flat substance. Nearly all the glass was lying inside the church. The windows could have been broken with the corner of the N block of wood produced, but not with the flat side. The chancel window had been broken by a tall man. I could only just reach it. The chancel window had two blows, oae apparently with the flat side, and another higher up with the corner. The windows were casement windows. Inspector Shallciass could not reach where the window was struck. lam sft. 11 in., and it was as much aB I could do to reach it. The defendant could have done it. He is some inches taller than I. On the soutb-west window was blood. I produce tbe pieces of glass showing it. It appeared to be fresh. I saw the block of wood produced in the vestry. There was blood and glass oa it. There was more glass in it then than now. I saw the defendant on the following day. I examined hi* bands. He offered to show me his left band and told me the thumb was cut in packing a piano. It was not a cut but more of a bruised puncture. I then examined his right hand, and on the back of the middle finger was a cut between the nail and the first joint. It was not a bruise but appeared to have been cut with something sharp. When I was examining him he said, " You — you are bound to have me."

Alfred Hall : I lodge at Palmer's hotel. On the night of Saturday the 29th March I was playing cards with the defendant and two others. I did not notice anything the matter with his hands. I heard him say during the evening something about having hit his thumb with a hammer or something. I saw no blood on his bands. I was in his company . two or tbree hours, I am not sure whether he had a handkerchief with him. I heard him engage a bed for the night. It was after 12 when I saw him last. I saw him go out of the house then. He did not return. I next saw him on Sunday evening. There was a general conversation going on about the window breaking. Defendant remarked that he had a cut on bis finger, and said, " It. must have been me who did it," or something to that effect. I did not see any handkerchief on that occasion. I saw him put his finger in his mouth and heard him say his finger bad burst out bleeding.

Albert John Palmer: I manage the hotel department at my father's house. I was there with defendant on the -29th March. I was playing cards with him, Hall, and Ford. I was in defendant's company three or four hours, most of which time we were playing cards. I did not notice anything the matter with his hands. I saw no blood on them. lam pretty well certain he had a handkerchief with him, but wiil not swear to it. He was drinking during the evening. He had ordered & bed, but left about 12. o'clock. He went homewards which was in the direction of the church. He could walk right, enough, and was quite capable of taking care of himself. He was not much excited hut was slightly under the influence of drink. I saw him next on Sunday evening. He showed me a cut on the middle finger of his right hand. I should not think it had been done long. He then had' a colored silk handkerchief.

By the Benctf^ While we. were talking, my father came in and told him that be had the credit of breaking the windows. Defendant seemed very indignant at Being accused,, and said he had helped to build" the chuT'ch>'aiid had taken a great' " deal 3,1 of* trouble in getting it erected, and said that when he heard ; of x the , windows,. lbeing, brokeri he had said i^,w He said, -^Look at my : finger, I suppose I : am; the iperispn; |hat did it'?! 7 'Vi

Cross-examined : My father is a very talkative man., He was quite serious when he spoke to defendant. I never heard him "say •he:-.:/was-'sorßy!-.'for having spoken*^) him 50.7 -. '7 x7 . 7js

(■ James Tomliqson: I am a carrjenter, living at- Waimea West. I was assisting to pack furniture at Enston. Defendant was there helping. He hurt himself in doing so ;when putting the pianointo ;the case. He caught his left thumb against the case and took a piece of skin off, I should call it a bruise rather than a cut.I did not notice it bleed much. I was withihim for some five or six hours after. I did not notice whether he wrapped it up at all. VHe continued to help me pack, but would be absent occasionally for half s an hour. I did not see anything the matter with his right hand. He drew my atten-; tion to the bruise on his thumb after it occurred. He did not complain of any other injury during the day. '/ '* i Elizabeth Holden : I live at, Waimea 1 West in the next house to Enston. Oa; the.night of the 29th March I was left in it to clean it up. I left the inner kitchen cleaned up, and the servant, cleaned ihe other kitchen. T left the house a lijtle. after dark. There was nothing on the kitchen, floor when I left. I left my littta girl and the servant Jessie Eoil there.j They stayed all night. I returned on thei following morning about eight o'clock. - ! I, went in at the back kitchen door. I!

: picked up the handkerchief prodiiced'on! the floor of the inner, kitchen.' It was not; there when I left on the previous evening.! The handkerchief was twisted round when '. I picked it up.Xas though it had been rolled* round ; something. Itwasxblood-; stained then as it-appears now. People ; going upstairs^ would pass through -this room. Oneof th'e bedrooms upstairs had been ; prepared for ths defendant. ... Cross-examined : The people belonging j lo the house generally came in through I the. kitchen. .There were other doors through which they might enter. ■ These were shut hutTcannot say whether they were locked. " ' 7

I Jessie 'Boil : Iwas a servanfc : at Enston on Saturday the 29th .March. ..The | kitchens were cleaned out tbat evening by myself and Mrs Holdeo. There was no- ! thing left on tbe kitchen floor that night. Mrs Holden's little girl stayed with aie, and we sat together in the inner kitchen during the evening.. . We- went to bed at the' same time. There was nothing on the floor when we went to bed. : Defendant slept in one of the upstair rooms that night. Ido not know when he came home. Mrs Holden was in the inner' kitchen the next morning before I was. , The members of the household generally came in through the kitcheL after dark. Gross-examined :: The: 'back, kitchen door was not . locked that night. I made defendant's bed the following day. There were no blood-stains on. it.. Tbis closed the case for the prosecution. His Worship said that the least evidence the Bench must have to constitute a prima facie case must be sometihog more that merely sufficient to arouse suspicion. Although the evidence adduced certainly did create suspicion, aud the prosecution were quite right to '•' have an enquiry, he. J should not feel justified 'in .committing 'the defendant, and should therefore discharge him. ""■.•• ; . •":•-•." • .<i/7 7