SUPREME COURT.

Nelson Evening Mail, Volume IX, Issue 4, 5 January 1874, Page 2

SUPREME COURT.

•'" ' CRIMINAL SITTINGS. '■ -^ (Before his Honor Mu Juscic_ T?ib»«Moi?_> ) ;Mokdat; ; Januart 6. The sittings of the Court commenced this rooming, when th^T following gentlemen were sworn , in on the<-,Grand Jurjj (i : J, W> Barfcicdat (foreman),-; C. Hunter Brown, H. Buckeridge, T. Cawthron, M Davis, T. R. Fisher, H. Goulstone, A. Greenfield, T. R. Hodder, R. Levien, D. lvl'Douald, T. Marsdeu, W. S. Mortimer, W. Oldham, J. Oldham, A. Sclandere, W. Stavert, J. Symons, J. Watkins, W. Wells, . W. H. Turner, J. Scotland, and C. B. Wither. 'ASSAtJLT. The Queen against William Barlow. Mr Henry Adams appeared for the prosecution, and Mr Acton Adams for the prisoner. Application was made, and leave granted, for the postponement of the trial .until tlie next; -it*tinvs of the Court, on the ground that Mark Stratford, one of the principal witnesses for the defence, was prevented by ill-health fro t attending. Tarns Bill. The Grand Jury returned with a true hill againat Charles Lewis for manslaughter, and then made the following presentment : — The Grand Jury ot the District of Kelson present to your Honor the great inconvenience and injustice arising from the existing state of the law in relation to Special Juries, as well as from the manner in which the law is carrisd out. Not only are special juror, in civil cases summoned in much larger numbers than the interests of justice appear to demand (the law requiring that twenty-four be summoned on each occasion that a jury of twelve is needed), but the operation of the law is often rendered needlessly hareh and inconvenient by tbe recent practice of summoning several special juries on the same day ; a practice inevitably resulliug in calling a largo number of jurors from their vocations and from their homes (often distant) to no useful purpose whatever. Tlie Grand Jury present therefore that the law should be amended: — 1 . So as not to necessitate the summoning a larger number on each jury than is necessary to insure at all ordinary hazards the attendance of the required number. 2. That the mode and scale of payment should be altered, so as tore-imburse each juror for each days compulsory attendance at Court. 3. That the harassing practice of summoning many juries on, one day in cases in which there can be only the most distant probability (if any) of their services being really required, should be discontinued. J. W. Barhicoat, Foreman. MANSIiAtfOHTEB. The Queen against Charles Lewis', The following common jurors were called: — W. Lloyd, F. Gundy, H. Whiting (challenged), M. Sullivan (challenged) James Bentley, Thomaa Lunn, James Haughton, James Kobb (challenged) W. P. Smith, J. W. Rothwell, G. Brooker (challenged;, J. M'Conkey, C. Turner (challenged) James Lukins, J. A. Packer (challenged), Frederick Jones, John Doidge (challenged), Joseph East (challenged), Thomas Brooks (challenged), <_-. Saunders. Charles Lewis was indicted for the manslaughter of Michael Campion. Mr Henry Adams appeared for the prosecution, and Mr Fell for the prisoner. The Crown Prosecutor having opened the case, called ' Joshua Newport, who said: I am a laborer residing at Takaka. I know prisoner. I was at work with him on the 24th December. Michael Campion and Edward Lewis were also there. When the last load was put on the stack I came down. Michael Campion was ;in the cart, and prisoner on the stack. I heard those two talking while I was below. This was between six and seven. I did not hear what they were talking abdut, I did not notice any 'angry tones. While I was forking up hay about ten yards from the stack I heard deceased call out " Oh, Charlie the fork has run into me." • There was a fence on one side of the stnek whieh was about 20 feet long, 14 feet wide, and 12 ieethigh. The cart was on the long side of the stack. ,As , the deceased stood in the cart the stack was above his head. I saw him fall from the cart and ran to pick bim up. When I found he could . not stand I looked to see where be was wounded, and found that he was wounded near the navel. Prisoner came down off the stack and shook hands with deceased at his request. ,He then asked me to help him into the house, which I did. The doctor was then sent for. Deceased died about daylight , , Cross-examined: The stack was nearly finished, but; we had not commenced to top it up. I was putting hay into the cart, and Campion forking . it from there to the stack,- which was too high to be reached with a fork from the ground. The hay was being put into the centre of the stack. It was proposed to leave it rounded up until more hay -Was -ready to. put on it. The edgfes'! of the stack were rounded, and had a fork heen laid on them, it might have slipped off I don't tbink Lewis could have seen Campion trom where he was standing^ I have known Campion for eiirht years, and prisoner, about the same time. They were always on very good terms. Campion was a favorite of the Lewis's, and was constantly employed by them. I never saw Charles Lewis quarrelsome with any one. He is very well liked in the district. By the Court : I did not hear Lewis' 'say anything before be left the field except that he could not help it. That was wben he was shaking hands with the deceased. . I came down off the stack by a ladder which was at one end of it. I carried my fork down witb me. That was the workmanlike way. Men sometimes pitch their forks down handle end first. If I were going down to come back again I should stick my fork in the stack. Edward Lewis : lama brother of Charles Lewis. On Christmas eve I was carting hay with the prisoner, the deceased, and the last witness. I was at the- stack part ' of the time the last cart was being loaded. Campion was chaffing my brother, and seemed to anooy him. He asked deceased to leave off, and then said he would come down ' and make him. Campion still continued to chaff, and just after that I saw the fork strike him. My brother was st-mding about the centra ot the stack. I did not see my brother throw the fork. When my brother came off the stack Campion asked him to shake hands with him and said he knew he did not do it on purpose. I then went for the doctor. Cross-examined : The fork fell a little slantingly . It could have fallen so had it overbalanced on the top of the stack. A fork laid on the edge would very easily slip over. The cart was close to the stack, I have known Campion well for two years. He and my brother were always on /rood terms. I never heard any quarrelling between them. Campion was very fond of chaffing people. , He used to carry it rather too far sometimes. , Patrick Byvne: I am a farmer residing at Takaka. On Christmas Eve I was sent for about 1 0 o'clock to go to Michael Campion. I found him in a very painful state, and suffering great agony. He had two wounds in the stomach. I attended to him" I heard him tell prisoner that it was his own fault. He directed prisoner and myself how to lay him in bed. I heard a conversation during the night between Dr Tilby and prisoner. The Doctor asked how it happened, and prisoner said they had a hit of a dispute, and he threw the fork at him, I aßked Campion when he was dying if he would like to see his wife. He said I might hring her in the morning if he lltt^ii^''^ ,te '^K^^^&f3BP 4

place- else. I was to tell her she would have ,to do withbu.xhim. Cross-examined : Newport and Charles Lewis were in ; the rdpm with me. The doctor was not there fijir two hours after I arrived. I was attending to deceased all the time. Charles and I were assistinf 1 " him and giving him water. Deceased called him "Charlie." They had always been good friends. Deceased waa in great agony. He was sufficiently sensible to say it was his own fault. Before the coroner I said tfeat Lewis told the doctor he "threw the fork "—I now ,aay that he said, " Campion and I had a bit of a dispute, and I threw the fork at him." The Coroner refused to take down my evidence, I think Lewis meant to hurt him a bit. Deceased was a Catholic, and so am I. My wife was first cousin to deceased, and I am second cousin to his wife , .' Re-examined : lam quite sure Lewis said he threw the fork at him. Margaret Windle : I was at Mr Lewis's houße on Christmas morning. I saw the prisoner there.. |I spoke:! fo him about the death of Campion. I asked him how it happened, and he said he was in a passion and threw the fork out of his hand, and lie should regret it all his life. . James Tilby : lam a legally qualified medical practitioner -residing at Motupipi. .1 was sent for to see Campion at Mr Mr Lewis. I arrived there about ten. I found him in a state of great ' prostration. The surface of his body was cold, and he had a pinched and anxious look. I exdn-ihed Ei'to and found two punctured Wounds : on the abdomen, which was much swollen, and he was in great pain. There was no external Weeding.' I stopped there until he died. I examined the wounds after death, and found that on tbe right side penetrated the bowels, and the other passed under the integument, but did not penetrate the abdomen. I. attribute his death to internal hcemorrhage and the shock to the system caused by the wounds. Cross-examined : The wounds might have been produced by such an instrument as a hay fork, falling off a stack twelve feeet high Without its being thrown. I heard deceased say to prisoner as he was once leaving the room, "Don't leave Charlie." He did not leave. Deceased showed anxiety to have prisoner near him to give him, water and bathe bis forehead. He was fanning him as'he lay in bed. Deceased appeared to have no hostile feeling towards prisoner but rather a friendly one. , I/never heard prisoner say that he threw the fork at deceased. ' I have known both deceased and prisoner for nine , or ten years. The latter is not know?! as v a quarrel- > some fellow, and is much liked in tte district. George James Sparrow: lam a Jus. iff <-f the Peace, aud held an inquest on the b.dy of Michael Campion. Several witnesses were examined. Prisoner gave his evidence on oath. Cross-examined: I have known prisoner" for the last seventeen years, and Campion for seven or eight years, ,,, Charles Lewis is far from being a quarrelsome fellow, and I never knew him mixed up in any brawl. When I went to Lewis' house, I had a jury summoned at once. ' I called prisoner as a witness not knowing at the time that any words had passed,. between him ahd deceased. He gave his evidence voluntarily. Prisoner's evidence, as given at the inquest was then read. .« !...•• : This concluded the case for the prosecution. For the defence H. J. Cobb, and — Hancock gave evidence with regard to the disposition and good temper of the prisoner. They also * spoke well of Campion, at the same time admitting" that he was somewhat given to chaffing and occasionally carried it too far. J. T. Catley, chief clerk in Crown Lands Oflice : I know Charles Lewis well, and have done so since he was a lad. I have had frequent opportunities of judging of his disposition and character. I have always found him goodhearted and kindly disposed, and the reverse of quarrelsome. I should think him most unlikely to do intentional harm to anyone." Henry Lewis : I am father of the accused. My son and I have been working my farm together at Takaka. I have been in the habit of frequently employing Campion. I always understood that he and my son were on. the best of terms. My son is not of a quarrelsome disposition. I never knew him to be mixed up in a quarrel with anyone. I noticed that deceased after he was brought into my house was most friendly to my son. He was crying and most distressed at the time, and Campion said, " Don't fret Charlie, I shall be all right." He also Baid, " I have nothing to forgive, Charlie." My son was attending to him and bathing his forehead, and he begged him not to leave him. ' Annie Daniell : lam the daughter of Mr Daniell, Commissioner of Crown Lands. I was at the Lewis's at the time the accident happened. I w#s in the garden just before dark on Christmis Eve: Mrs Lewis was with me. We saw some of them coming in' carrying what we first thought was a sheep, but which proved to be the deceased. Charles Lewis said, "Oh ! he's dead." I followed Mr Lewis. Afterwards went in inside the door of the room where deceased was lying. I heard him calling, " Charlie, Charlie, boy." Charlie was standing by him, stooped down and kissed him and said, " Here I am, old fellow" I left the room at twelve, and all the time Charlie was with him. In answer to. something Charlie said, I heard him reply, " Charlie boy, you did not mean to do it." I also heard him say, " I have nothing to forgive," but I am not sure whether it was in reply to anything. He seemed very anxious to have Charlie by him all the time, and when Mrs Lewis began to fan him he moved her away, and asked for Charlie, as also when she was handing him medicine. ... Susan Lewis: I am the mother of the deceased. I remember after Campion was brought in he was laid on Charles' bed. My son bent over him in great distress, and he caught hold of his arm and said, " Charlie, Charlie, don't fret, you didn't mean it, you didn't do it." My son said, "Do you forgive me," and he replied, " I have nothing to forgive, nothing to forgive." He several times begged of Charlie not to tret. Campion could not bear Charlie to leave him, and continually called him back when he left his bedside. I thought my son looked exhausted, and I tool- the fan from him, but deceased waved me away, and said, " Charlie, Charlie." The Counsel for , both sides having addressed the jury, and the Judge having summed up, the jury retired, and after a short absence, returned with a verdict of Not Guilty. His Honor said : Prisoner, it is now my ' duty to give you your discharge. I feel that it is quite unnecessary for me to accompany this with any observation jand I have only to tell you thatyou are now at liberty.