RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 749, 13 November 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., R.M.) MONDAY, 11th NOVEMBER. Jolin M'Kay was brought up, charged with shooting, with intent, &c. Mr Commissioner Weldon conducted the case for the prosecution. W. Stanfield, landlord of the Plough Inn, Harrisville, sworn, stated as follows : — The first time I remember to hare seen the prisoner i was on Saturday last — he knew me years ago perhaps, but I hare forgotten him — at my house. He bade me the time of day, and said he wag very glad to see me, that it was many a day since we met — nearly eighteen years ago. He said 'you are so much altered I should not have known yon.' Prisoner said he knew me at G-eorgetown, Tasmania. He went into the bar, and I served him with a glass of ale. Two or three people came in, and he treated them also, until he had taken four or five glasses of ale. He then went in the room, lay on the sofa and went to sleep, remaining there the whole of the evening without drinking any more — apparently asleep. I had occasion to go out about 7 o'clock in the evening for candles. When I returned he was standing on his feet, and said ' I have lost £5.' I remarked that he could not have lost it in the house, and lighting a candle gave it him, and sent him into the bar parlor telling him to search himself. After he had done so, he returned saying ' Oh, let it rip, it is better lost than in my belly.' He never again mentioned the subject as to his loss, put partook of tea, and I never again saw him until I now see him. I was sitting by the kitchen fire, about 11 o'clock p.m., when I heard the report of a gun. As I heard it I was knocked out of my chair, about nine feet from where I sat. I also heard the rattle of glass. I called for a man in the house named Butt — I was perfectly conscious — and asked him to pick me up. He did so and I sent him for the police and also for Dr Deck; both were promptly in attendance. I afterwards examined the kitchen window — ten minutes after I was picked vp — I saw two panes of glass broken and smoke all over them. Evidently the muzzle of the gun must have been close to the glass. By the Commissioner of Police. — I received the gunshot wound in my left shoulder and neck — not ball, but shot. On examining my waistcoat, which was my outer garment then, the smoke was on the back of it, and on the collar, (articles produced) as also undershirt and shirt, stained with blood and perforated with shot. My back was towards the window as I sat at the fire, and not more than a yard and a half from it. I was nob asleep. By the Bench— l did not hear any one coming towards the window. Immediately under the wiaclowj wad x»« it, &* ground ia soft rod

frasey. A person in the bar could see me where "> I Bat. The window of the kitchen looked into I the stable yard. Any one could walk all round the house without interuption. No fences »ro '< in the way. There was no blind to the window. I never had a quarrel or high words with ! Mackay. Can assign no reason for the act. In reply to Magistrate, prisoner said he had no qnestions to ask witness. Henry Wilson, ironmonger, Invercargill, deposed — I saw the prisoner on Saturday night between nine and ten; he came to buy a gun saying he wanted it for his boy, he said he had several, but wanted a lighter one ; several I showed him, he objected to as too dear and wanted a cheaper ! one ; he selected one. He also bought half-pound ! powder, box caps, and a pound-and-a-half shot, large size, known as 8.8. (shot taken from the wound produced) thoße may be them, but they seem' flattened, and larger. I should think they are somewhat about the size ; he paid and left ; I would know the gun again, that now produced is the one. Prisoner said he had no questions to ask witness. Henry Brotherton, laborer, residing near Waihopai Bridge, deposed — When I was going home from town on Saturday night about eleven o'clock, I saw a little dog come from the of the road. I looked sideways and saw a man crouching down on the roadside. This was near where Mr Whitton used to live, on the right hand side of the road. I went over to him, and asked what was the matter with him, when I saw he had a gun. He said that was his business and I was to mind mine. It would be better for me. I said I had asked him a civil question, he might give me a civil answer in return. He told me to go on. I replied I would take my own time about; that. I then went close to him, and told him I was'nt frightened of him although he had a gun. I stood over him stooping down and looking into his face, and told him he had better keep quiet. I then stepped back and he got up and went on to the North Road, about ten or twelve yards from me. He stood there, and I heard a foot coming up the road. It was young Boxall. He then told Boxall I had been insulting and illusing him, and that if there was a policeman there he wonld give me in charge. I told him if there had been one I should have givenhim in charge. Wethenleffc him, Boxall and I, and went on up to the Plough Inn. We had not been in long before a man came in with a gun, whom I took to be the same man. It was the prisoner. I remarked to him — Well have you got this length. I did not catch his answer. He only muttered ; but his nexfc words were — Oh, your not the man I want, you are not worth wasting powder and shot on. To the Bench — I believed the man to be the same I had seen at the roadside. I could not then distinguish him very well in the dark, but from what I had seen of him and his coming in with a. gun immediately after me, I took him for the same man and made the remark I have mentioned. After saying I was not fcae man he wanted he went out by the front. I did'nt see where he went. We were in the bar. I soon after heard the report of a gun. About two minutes after prisoner went out. At the same time I heard a crash as of glass falling. The barman then left the bar, and went towards the plaoe where the report was. The barman's name, I think, is Birch. He then came back again to the bar, and Baid — Oh my Gk>d he has shot the man. He said, what will we .do. I said wo better close the door or he may shoot some more of us. The barman then went out of the bar again into the back premises- He presently came back and asked Boxall and me if we would go for a policeman. We went out to go, and saw some people standing. Mr Stark was one of them. We went further on and saw a man whom I supposed to be the man who had fired the shot. I saw him stop and strike a match, and then lost sight of him ; we then went towards the town, and Mr Stark overtook us. I waited behind, Stark and Boxall going on for the police and the doctor. Prisoner said he had no questions to aßk witness. Thos. Boxall, shopman to Mr Cooper, residing at Waikivi, deposed — On Saturday night about eleven or twelve I was proceeding to Waikivi. I heard an altercation between two men. I was just then at Mr Tanner's fence. A little further on I came upon them, one was lying on his elbow with a gun under his arm f the other man was Mr Brotherton, who was standing about a yard from him. Mr Brotherton came towards me, and asked me for assistance. He didn't say for what. We went towards theprisoner, who informed me that he, Brotherton, had been illusing him, and that if a policeman were ' there he would give him in charge. Brotherton said he would give him in charge. Brotherton and I then went on our way, and went into the Plough Hotel. A few minutes afterwards prisoner came in and sat down next the door. Brotherton spoke to him After two or three words prisoner said he (B ) was not worth powder and shot. When he, prisoner, sat down, he had the gun on bis knee. I noticed it was cocked, and he eased the spring. He then went out. He hadn't left more than two minutes when I heard the report of a gun behind the house. The barman Ba i,l — My God, he has shot him. The barman went towards where the report sounded, and came back and asked us to go for the police. Mr Brotherton had locked the door. We then went out and went towards the town and met Mr Sbark and some other people, opposite hi» own place. Stark inquired the matter, and wetold him. He said there is a man going down now, why don't you arrest him? Brotherton and I went on towards town. We stopped at Mr Hare's, and saw a man stoop and strike a match. He was about ten yards before us on the road. Mr Stark overtook us just after, and the three of us went on towards town. Thinking the prisoner might be hid in the flax, we left Brotherton at Mr Tanner's to watch, Stark and I going on. We saw the prisoner opposite Colyer's. We passed, and met Constable Connor about Johnson's, in Dee-street. Mr Stark spoke to the constable, and he arrested the prisoner at Mr Meadows', in Dee-street. Prisoner declined to ask witness any questions. Wyald Stark, deposed — I keep a licensed house, the Governor Grey, at Harrisville. About 12 on Saturday night I saw prisoner pass ■ towards the Plough with a gun. I am sure it was prisoner. I was standing at Mr Weir's door, opposite my own place. About ten minutes after I saw the flash, and heard the report of a gun at the back of the Plough Inn. I ran up towards the place, and about forty yards this side the Plough I stopped, and saw some one advancing towards me. I first noticed an object moving at the back corner of the house where I saw the flash. I stood still and prisoner came up. lam sure it was him. I asked him what the gun was firing for at that time of night, and he said — oh, it's a lot of fellows drinking and rowing up there : thaf s the fruits of drink, mate. He hadn't the gun then, so I thought there was something up. I went to the Plough and tried the doors, they were locked. I heard people inside speaking very low. So I went away as all seemed quiet. I went back to Mr Weir's door and commenced talking about it. I said there must be something wrong ; that man went up carrying a gun, and I saw him come away from where I "heard the report without the gun. I went towards the PJough again and met Brotherton and Boxall. I told them to keep their eye on a man who had just gone on before them, and ran back to ascertain whether Stanfield was really shot. I then went and locked my own door, and went on and overtook Brotherton and Boxall. I asked them where was the man. They said he was down the road, but on coming to the place where we supposed he was we could see nothing of him. Brotherton remained, at Mr Tanner's to watch. Boxall and I went on to town. We saw the accused in the centre of the road, opposite Mr Tapper's new premises. Furthur along Deesfcreet we met Constable Connor. I told him — There's a man has shot stanfield ; you had better arrest him ; and he did so. Prisoner put no quettiens to this witnesi

Henry Butt, fisherman, living at Harrisville, and occasionally assisting in the bar at the Plough ■ Inn, gave evidence entirely corroborative of that of the prosecutor. ~ "The only additional circumstances deposed to by him were that he picked tip a gun — shown to him by a Mr Christy — at the back of the house, and that he gave it into the charge of Constable Hawkshaw. Robert Christy, sworn, deposed — I am a carter residing at Harewood, near the Plough Inn. I was going home about eleven on Saturday night, "when opposite the Hospital I heard the report of a gun. I went on ; when I got as far as Mr Stark'a Q-overnor Grey Hotel, there were several people standing on the road. Mr Stark told mo what was the matter. I went into the Plough Inn. I saw the window which had been broken by the shot. I went out by the side door, with Butt and Weir. I went round by the back and they went round the front. I saw the gun lying on the grass about eight or nine yards from the broken ■window. I sung out for Butt and Weir. They •were just on the road. Butt came back and picked up the gun, and said he would take it into town. I believe this gun (produced) is the one. Constable Hawkshaw deposed — On Sunday morning between twelve and one o'clock, Henry Butt handed me a gun ; that produced is it. I was on duty yesterday at the watch-house where the prisoner was in custody. The prisoner stated to me that he was an unfortunate man ; he stated this voluntarily ; I asked him no questions ; he said I am an unfortunate man — I suppose I will get hung for this. I said no, you will not, as Stanfield is likely to recover ; you may get a few years imprisonment. He then said, I am an unfortunate man in my old age. I shall plead guilty ; something has been troubling my mind for some time past. That was all" that passed, »nd the statement was purely voluntary on the part of prisoner. Dr Deck deposed — On Saturday night last, about half-past twelve, a man came and told me that Stanfield was shot. I went immediatly to see \\\m and found him sitting in the back kitchen of the Plough Inn. I took off his vest and two shirts ■which were covered with blood and riddled in the shoulder with shot. A large number of shot fell from the clothes as I took them off. I found that his left shoulder and neck were covered with shot wounds, the greater portion within a space about the size oT the palm of the hand. The wounds were bleeding freely, and shot wa3 sticking in several of them, and some of the shot was buried just beneath the skin ; some shots seemed to have made a mark and iumped out again. I removed some of the shot from the wounds ; this is some of it which I now produce. Only about half-a-dozen of the shot had gone to any depth ; those were above th» collar of the vest, in the neck. They had passed so far beneath the muscles of the neck that I was not able to remove them. I counted about a hundred marks and wounds about the shoulder and neck. I told Mr Stanfield what to apply to his shoulder and left. The -shoulder is a good deal swollen from the effects of the wound, Constable Connor, deposed — Prom information received, I arrested the prisoner opposite the Southern Cross Hotel, on Saturday night last. I took him to the watch-house, and searched him to see if he had any arms on him, as he was charged with shooting. I found nothing on him. I afterwards went to the Plough Hotel and made an examination. I saw the stains of smoke and j jiowder on the glass of the broken window, as if recently done. I returned to the watch-house and .informed prisoner of the charge preferred against him. He said it wa3 incredible. He could'nt be guilty of such a thing. It must be a mistake. I then went to the police station and saw the gun (produced). I found it had been recently fired. In ?eply to prisoner, witness said — When I apprehended you you pointed to young Boxall, Baying — " There's the man and his mate, a tall, fellow, who knocked me down on the North Road, and tried to take my gun from me. I shall lay an information against them." The prisoner expressed himself dissatisfied with this answer, saying — the constable must have misunderstood what he (prisoner) had said when arrested. He repeated the question, receiving substantially the same reply. TVTr M'Culloch, having read over to the prisoner the charge preferred against him, and cautioned him in the usual manner that anything he might say now would be used in evidence against him at his trial, asked if he had any statement to make. Prisoner at first said he had jaot, but afterwards declared himßelf innocent of crime of which he was accused, although so many people had sworn to his identity, and to having seen him on Saturday night, people, whom to his knowledge, with the exception of Stanfiald, Butt, and the man who gave him in charge, he Jiad never seen before, being a perfect stranger in Invercargill. The prisoner was then committed to take his trial at the next sitting of the Supreme Court. Milking Sheep. — Monadock, in one of his Interesting letters from Paris to the New York Times, writes: "I used to think the Yankees were sharp when money was to be made, but they cannot begin with the patient, saving, flintskinning -Europeans. The English, and even the Scotch, are improvident and wasteful in comparison. For instance, what Yankee would ever think of making his fortune by milking his s^ieep. But here in the Exhibition is a sample flock of sheep kept expressly for milking ; and their millr is more profitable than the wool or mutton. One company in the department of Avignon makes of the milk of sheep four million pounds of cheese a year' which is sent all over the world from Bucharest, in Roumania, to New York, whence it is distributed, no doubt, over the western continent. It is also sent direct to China and South America. This is the muchadmired Roquefort cheese. It is made with great care, and ripened in extensive caves of a perfectly even temperature, model of which forms one of the features of the Exhibition. I recommend this industry to the good people of the White or Green Mountains. If their present breeds of sheep are not good milkers, they have only to send to France and import the right sort." HocE-DEiujKa Machikebt. — An improved machine, the invention of Mr Stockham is now being manufactured by Messrs Booth and Co., of San Francisco, reports the " Mining Journal" a great recommendation of which it that its price is so low as to place it almost within the reach of the individual miner. The machine consists of a double frame, or any convenient mechanism, by which a universal joint is obtained, so as to allow the drill to be pointed in any direction. The drill-stock is extended longitudinally across the frame, and has a tappet fixed to the back parb of it, behind -which ia a spring sufficiently stiff to force the drill forward, and give the desired bow as soon as the tappet is released by the cam. The cam-shaft crosses the frame transversely, and is operated by a crank. The drill ia firmly set in a socket, and fed forward as fast as necessary, and turned by a screw in the cam-shaft. There is a radius for elevating or depressing the drill, and another for turning it to the right or left. The machine can be worked with unskilled labor, and it appears that at Deer Creek, two men perform as much as five with the ordinary drill and sledge. It i 3 found that there is a saving of fifty per cent in waste of steel, owing to the considerable wear and tear when the drill is hammered with the sledge, and the comparative freedom from it ■when driven by the spring. Beggaet Sistematised. — In Paris the street musicians and their fellows have been made the medium of a profitable financial speculation, by means of an organization known as the " Joint Stock Beggars' Company," which, according to a recent Paris paper, possesses a capital of eighty thousand francs in the French Rentes. "This company, composed of speculators of the lowest grade," says the French journal, " make use of the children who practise in the streets of Paris upon the charity of the passers-by, under pretence of playing harp, violin, or guitar, by specuating on the pity which infancy in want always inspires. The numbers of children is continually augmenting ; a short time since it seemed to comprise only a single family, now it i 8 that of a tribe," '