SUPREME COURT. Auckland, Thursday, June 1, 1848.

New Zealander, Volume 4, Issue 210, 3 June 1848, Page 2

SUPREME COURT. Auckland, Thursday, June 1, 1848.

The Court was opened for Criminal business, and his Honour, the Chief Justice Martin took his seat at a few minutes past ten o'clock, when the following gentlemen wore enrolled on the Grand Jury. Foreman :— R. A. Fitz Gerald, Esq. R.^C. Barstovr, J. L Campbell, W. b. Grahafiic, A. Kennedy, L. M'Laohlan, J. I. Montefiore, C. Scaver, M. WhytUw, C, Lawler, H. Carlton, W.

Biown, W. Nihill, \V. Davies, H. WeeUs, and WConnell, Esqrs. The Grand Jmy then retired to their roo-n, and in a short time the foreman presented in Court a True Bill of indictment againbt Joseph Burns foi the inur !cm- of Lieutenant Snow, on the night of the 22nd of October lutt. Josni'H Burns was then anaigned on the above charge, and having pleaded " Not guilty," was placed on his trial. Tlie Attorney-General opened the case for the prosecution by detailing the cucuiubtanws of the burning of the house, the discovery of tlnee bodies beneath the ruins, the identification of one of them as that of Lieutenant Snow, the conviction of the prisoner for another ciime, his subsequent confession, whereby be accused himself of being an accomplice in the murder, and two other individuals along with him, and afterwards his lecntatiou of the whole statement. The learned Attorney-General alluded to othi'r direct and circuaistauiiil testimony, which he would biing loiward, and proceeded to call the fust witness, F. W. Gou^h, who being iworn, stated — I am a lieutenant of H. M. S. Dido', 1 remember where the Dido was lying on the night of the 22nd October last ; it was within a quarter of a mile of Mr. Snow't house ; j I was acquainted with Mr. Snow ; he was a lieutenant of the navy on half pay ; I remember the time that Mr. Snow's house was burned down ; I was officer of the middle watch; on the morning of the 23rd, between the hours of one and two o'clock, the midship man of ihe witch reported a fire on shore ; on observing the diiection of it, I knew that it was the bouse of Lieutenant Snow, and immtdiately reported the circumstance to Capt. Maxwell, who ordered me to take the cutter with all despatch, and render eveiy assistance in my power} I shoved off for the shore in about four or five minutes after, and then observed the roof of the house fall in ; I landed immediately under the magazine, which was about sixty or eighty yards disUnce Irom the burning house, and then proceeded to the ruins with the boats crew, ordering them to bring water from the beach ; I called out the name of Lieutenant Snow several times, but received no answer ; I then proceeded with Mr. Peacock, the mid' fahipnnn, and two men, to the house of Oliver, which was nearly a quarter of a mile from Mr. Snow's house, rapped at the door, and inquired if Lieutenant Snow was there; the answer from some one within vms, " No, this is not his house ;" I then said, " Arc you not aware that his house is burned down?" he cried " No," with an exclamation of surprise, but said that he would come out immediately ; 1 then sent the midshipman and two men up to the signal post to ascertain if Mr. Snow had gone there ; I then returned to the fire, and the midshipman and Dudor came, and Oliver diiecdy alter , the midshipman reported that he was not to be ilound at the signal pist; I then requested Da lor and Oliver to paint out the patt of the building in which the family slept, which was done by them both; I then extinguished the flames in that direction, and directed one or the men to take a shovel, found on the premises, and sciape carefully the lajera of ashes; in doing so he discovered the b <dy of ftli. Snow, directly after, that of Mrs. Snow, then that of the child ; i cautioned the man several times to scrape carefully with the shovel ; I had the bodies laid out, and placed in charge of a senti y ; I observed that one of the legs of Lieutenant Snow was broken ; one leg; of the female gone altogether, apparently broken off, and I believe both legs of the child were missing ; I did not minutely examine'tha bodies ; nor was not aole to identify any of them. Cross-examined by the prisoner : I did not see you there. John Johnson, sworn, stated— l am Colonial Surgeon and Coroner; I was acquainted with the late Mr. Snow ; 1 recollect the time when his house was burnt down ; I went over to the North shore, in my capacity of Coroner, on the morning of the jMrd October ; 1 found three bodies adjacent to a burned house; 1 could distinctly identify Lieut. Snow, and by inieience Mrs. Snow, but her face was so dieadiully disfiguied partly from wounds, and paitly from the action of fire, it was impossible to recognise her features ; I was picsent at the examination of the bodies, by Suigeon Cliffoid, 58th Regt. on the morning ot the inquest; on the crown or rather towards the back ot' the head of Lieut. Snow, theie was an incised wound of near four inches in length, which had cut through the scalp, and Iractured the skull, so that a piobe might be passed through the cavity of the skull to leach the brain ; there were also several deep incised wounds at back of the neck on both sides, which had cut tluough the strong muscles there situated, and reached the bone of the neck; on the face there appeared to be incised wounds, and wounds inflicted by some heavy blunt instrument, the nose was flattened ; but this pait of the body was very much disfiguied by the me; theie was a punctured wound on the right shoulder, made by some sharp round instrument, it did not appear to be made by a bayonet, but the action of fire might have altered the triangular form ; there was a similar htdb on the lower pait of the abdomen, and the skin with part of the muscles, and fatty substance were cut away from near the hip bone to the belly on either bide ; the wounds were oi a square form, as if a knife had been brought from above downwards, and then another incision made at right angles, and the included portion between the two cuts apparently cut away to the extent probably of about nine by five or six inches ; there were several slight cuts on the aims, which did not penetrate to any depth ; I should presume t hat the wounds were iniicted by a hatchet ; I should say that the wound on the back of the head was inflicted during liie, before the action of fire had taken place, as the edges of the wounds were charred; blood does not coagulate after death, and there was a great deal of coagulated blood around the wound on the skull ; the wounds were certainly sufficient to cause death instantaneously, or nearly so. The body of Mrs tnow was very much disfigured and burnt, but on the face there was a distinct wound, inflicted by some heavy cutting instrument, extending from below the left ear i to the angle of the mouth, severing part of the lower jaw, cutting into the base of the skull, and severing all the arteries of the face ; I observed a slab, similar to that on Lieutenant Snow, below the chin ; extending to a consideiable depth upwards; there was also a stab of a similar natme in the abdomen, through which the bowels protruded ; both the legs were missing, I think burnt off, but as the parts were so much charred I could not say whether the legs were burnt off or otherwise. I did not observe any other marks on Mrs. Snow. The skull of the child was |lracturcd to the extent of half a crown or larger, through which the biain was piotruding; the limbs were much maugled, one of them apparently burnt off". By the Conut: I have not the slightest doubt but that all the severe wounds 1 have described were inflicted by heavy sharp instruments, and the one surrounded by coagulated blood inflicted before death ; I think that a hatchet or tomahawk, a knife, and a sharp-pointed instrument, were used in inflicting the wounds and mutilations on the body. Robert Henry Wynyard, sworn, stated : lam Lieut. Col. of.H.M. 58th Kcgt.; I lemember very well the time when Mr. Snow's house was burnt down ; 1 went over there I think on the Sunday after ; I found several portions of articles of wearing appaiel ; the under gar-

incut of a fi'in ilc's «!rcss, <i pair of stockings, wish a few other tilings, lying together at the north end of the building, facing the fl.ig-staff(the articles weic produced and iden'ified by the witness); when I iouiul them they weie lying near a small collection of ashes, like wli.it the natives cook in ; there was a quantity of blood upon one and not so much upon another ai ticic of the female's dress; as the articles wcie halt buiucd I could not tell whether the blood was old 01 frcsli ; at the same spot I found a pair of stockings, one of which w.is slightly discolouicd with b ood, the othui very nmeh ho ; that one which was most bloody was torn or cut on the calf of the leg, and they were nuiked " 11. S." I also found down in a sort of knife-home part of a child's trowsers (which was produced and identified); marks of fresh blood was upon them, I had these things all colleated and brought over and banded to the police on the following morning. M-ugaict Ke.udon, being sworn, stated, I know the piisoner Bums; I recollect Mr. Snow; I lecollect being in town on the Fuday on which Mr. Snow was killed ; we (that is, Bums and the witness) were living en the Noith Shore at the time ; I recollect being in Auckland on that Friday ; I saw Mrs. Snow, Mr. Snow, and one little child coming out of Monro's ; we returned (Joe Burns and me and my two children) about thiee o'clock to our own place ; before we went home Joseph Burns said " Mr. Snow lias got some money ; many au action I have done for the Queen, and I may as well do one for myself now ;" lie said that he was going to kill Mr Snow and his family; we weie in a boat going home when this was said ; I said— "Joe, don't do any such thing beciuse I am not your wife — you know I am a woman that drinks, and if you do anything that is wrong, I am sure to teH it;" there was nothing else passed— it wan well on for mx o'clock when wo got home— Burns took a tomahawk and a bayonet and went away — he s«id when he was tfoinw away, that he was going to kill Mr. Snow and his family — he was away until one o'clock in the morning — I saw him when he came back, he came in without any clothes on him except his inside shirt — he said he had Hlled Mr. Snow and his family — I told him, to tell me nothing at all about it— he said if I would say anything at nil about it he would kill me. Oa Saturday morning about seven o'clook, he brought in the tomahawk and thiew it into his tool chest, (a hatchet was here produced) — that is the tomahawk lie took away with him. Burns went to Auckland on Monday, and he took two pound notes with him — on the night that he said he had killed Mr. Snow, he brought one pound in with him, in sflver— when he came home he said he took twelve pounds at Mr. Snow's, but 1 did not see any but one pound ; I came over to the tovrn on Wednesday, Burnt was drinking at Johnson's public hoube — 1 went to my brother in law, and told him I had left Burns, and would not like to live any longer with him— in about a week after that, he left the North Shore — afterwards he said he would go away on b«ard the man of war steamer, and hewent away after that; he was a month or better away, and after his leturn. he came up to my sister's place to see his children— he said he had heard of my husband's death in Sydney, and wanted me to marry him, i said I would not— in a very thort time after that became into my sister's house, and shut the door on m, my sister was cutting a piece of brend and butter for the child, and she had a earring knife in her hand— -I said— " Joe, what do you want ? why do you not goawuy on bjard your ship" — he said he came to bid me good bye for ever — he then laid hold of me and cut my neck with a razor in five places. ; after the first cut across the neck I made towaids the door and fell ; 1 rose again and made towards the fence, when he again began cutting me, and then I became insensible ; I lay for about a month and better afterwards ; on the morning that he wounded me he asked me for the papers belonging; to twenty acres of land ; before his attack on me I did not like to have anything to do with him, and wlien he was abusing me and c illing me everything, I toldj him to go away — did he not remenibei what he told n»e about murdering Mr* Snow ; he said.that he would drink my heart'b blooil. Cioss examined by the prisoner : Ido not remember what day of the month it was when you told me you done the murder — [ am no scholar, ]do not want to answer any of your questions; no, Joe, you were not drunk when we were in the boat ; I think I do kn.w the nature of an oath ;it was not on account of fear of the natives that made me unwilling- to stop in the house ; I did say to Mr. Walsh that \v« thought it was him who was killed, but I said so when you told me, because you threatened to kill me too ; you sad that if we could make Walsh believe that the natives done the deed he would be frightened away fam the North Shore a d then we could live in bis house ; 1 did not sleep with you on the beach near Mr. Snow'b house a few nights afterwaids, but we and the children slept in a punt on the beach at Auckland on one night ; you brought one pound wiih you that night you killed Mr. Snow (here the prisoner said " you were not satisfied to transport me for life, but it appears you want to go farther now") Witness ; no, Joe, you have brought it all on yoiuself; even the Natives told you that you were no good, and when they saw me labouring hard to support the little children, ihey offered to assist me to sow ray potatoes if I would leive you ; while you were in gaol you >ent me word by old Carney to bolt ; I did not say I would join you in Hobart Towu— l did not wiih (o mairy you, and when I was asked to do so by the clergyman, I refused to have anything more to do with lack a wan. (A series of questions were put to this witness by the prisoner, out of which a dialogue ensued between them, but it being chiefy concerning circumstances conuected with their relation to each otuer,it wai not of sufficient importance to be noted down.) Examined by the Court : I have charged other persons of the murder by Burns' advice; he told me to say, if ever he was taken up, that Dudor was along with him at the murder, he said that he was the poorest man on the North Shore, and would be the most likely to be suspected ; I was examined about the matter before Mr. Beckham ; I was examined on oath, and being on oath I said that Dudor was partner with Burns in the murder, but upon leflection when I was put into the gaol then I turned on my foot and told Mr. BecUham that it was all lies about Dudor> that it was Burns who told me to say what I had said against Dudor ; I knew in my own mind at the time, that what I was saying against Dudor was lies— and I told Mr. Beckham so afterwards, I know the axe to be the one that Burns had in the house. John Brigham, sworn, I am a publican and keep the Prince Albert Inn ; remembered Mr. Snow's house been burnt down ; I know the prisoner perfectly , I saw him at my own door before breakfast on the day of the inquest ; he required drink but I would not serve him, he asked the reason why I would not §erva him ; I said as the inquest was to be held that day he had better refrain from drinking, for I supposed that as the late Lieutenant Snow was a inan-ot-warß-oaan and a neighbour he would attend the inquest out of respect to him ; he said he would not go near it ; I asked his reason ; he said that his having been liring on the North Shore and going to the inquest without being sent for, might create suspicion ; towards the end of the same week prisoner was in my howe vi company with a man named Patterson ; the

Friday, June 2. John Je6fop was tried nnd found jjuiify of stealth an unchor and chain, ut Auckland, 'liom lh L outlet Wade, lelongmg to Jerry Wwte, w the uoulli ol October last. William Langley was arraigned v, A tried upon en Indictment, charging him wit.i Billing a wlvtr wcU-I-from George Marsh, at the Victona Hotal, on the 2ud March last. Guilty. James Smith was charged with having btolen a silvei watcli from Jerry Waite, m the month of March lant. Ue was alho found Guilty. The jury was then dismissed with his Honour's thanku for the pains they had taken in the administration of justice, and the Comt fttta adj,maal m\ii( ten o clock ibis mormug.