SATURDAY. NOVEMBER 16th.

Southland Times, Issue 751, 18 November 1867, Page 2

SATURDAY. NOVEMBER 16th.

QTJEEN V. A.TKTNSOTS. G-eorge Atkinson who had been found guilty on the previous day of having committed a rape, was brought up for sentence. His Honor asked the prisoner if he had any statement to make why sentence should not be passed upon him. Theprisonerreiteratedhisprevious assertion that he was not guilty, and stated that he was the victim of a conspiracy. He desired to call witnesses as to his previoue character. Messrs Ekensteen, Jabez Hay, and W. Hay, were examined, all of whom stated that they had known the prisoner for some three or four years ; that they had business transactions with him, and found bim a quiet and straightforward man. His Honor, in an impressive address, pointedoutthe heinous natureof the crime of which he was convicted. He said that some years ago this crime was one of capital punishment, but now. the judges had discretionary powers to be lenient in their sentences — from three years to transportation for life. The plea that the charge was a malicious one, had not been supported. The evidence upon which the prisoner had been convicted was that of the girl Owens, and Mrs Carter. Moss, the witness, whom he alleged had an enmity against him (the prisoner) was absent from the Island at the time the crime was committed, but his evidence vva3 immaterial to the issue. A fair trial had been given, and the verdict of guilty tuid been recorded. The sentence of the Court would be — penal servitude for five years. QUEEN V. MACKAT. John Mackay was charged with having on Saturday, the 9th November, fired a gun at the person of William Stanfield, Harrisviile, with intent to murder. There were four lesser counts, lightening the offence to wounding with an in intent to do grievous bodily harm. • The Crown Prosecutor opened the case by summerising the evidence given at the Police Court on Monday the. lXth

November, (which has already appeared in this journal in extenso.) Wm. Sfcanfield, sworn — I am an innieeper. Saw the prisoner on Saturday morning last (9th November),- at my house, the Plough Inn. He remained all the afternoon. He was drinking and went bo sleep ; when he awoke he said he had Lost a £5-note. I gave him a candle to look for it. Afterwards I asked about it; he said "oh never mind, let it rip,- or words to-that effect." About 11 o'clock, I was sitting in the kitchen with my back to the window, when I heard the report of a gun, and immediately I was knocked out of my chair to a distance of about six feet. I then called for assistance, and Mr Butt came into the room, and we examined the window through which the shot was fired. The powder was fresh on the glass. I sent for Dr Deck and the police. Ihere were several people in the bar. at the imne." I had no knowledge of the prisoner until I saw him on the morning of the day that the wounds were inflicted. He said he had known me at Georgetown, Tasmania, thirteen years before. I have no recollection of seeing him. I was clearing officer there. Henry Wilson, sworn— l am an ironmonger in Dee-street ; on Saturday evening (9th November), the prisoner, came to the store and purchased a light gun, one. pound, and . arhalf oi .heavy shot, a pound and a-half of powder, and a flask. I identify the gun produced as the one sold to the prisoner ; the shot produced, although flattened, is similar to what he purchased The flask is-of - the. same make as that sold by me, but I cannot swear to it, there being no mark to distinguish it from others that have been sold, and in stock. -H. Brotherton sworn — I remember having seen the prisoner on Saturday, 9th inst., off the North Eoad, near Mr Tanner's house. My notice was called to him by a little dog ; prisoner was lying on the ground, and had a gun with him. I had a conversation witTi him. I cannot positively swear that he is the party I met, although I looked into his face as it was nearly dark, but I have no doubt that he is. I went on to the Plough Inn, and in about two or three minutes after- . wards the prisoner came into the bar. He had a gun with him ; it was capped. In reply to a remark prisoner said, " you are not the man I want; you are not worth powder and shot." Thomas Boxall was with me. The prisoner left, and in about two minutes afterwards I heard the report of a gun. Thomas Boxall confirmed the evidence of the previous witness. H. Butt sworn — I am a fisherman living at Harrisville. I was at the Plough Hotel during part of Saturday, 9th inst. The prisoner was there up to 8 or 8.30 p.m. I did not think he was drunk. I was also present when the gun was found, about ten yards from the back of the Plough Inn. Wyald Stark sworn — I am a publican residing at Harrisville: my house is about one hundred yards from the Plough Inn. I remember Saturday, the 9th November. Between 11 and 12 o'clock on that night I was standing opposite mv door, when I saw the prisoner pass with a gun in Irs left hand. It was light enough for me to see him sufficiently clear to identify him. In about ten minutes I saw a flash behind the Plough Inn, and heard the report of a gun fired. Then I ascertained that Stanfield had been shot in the back. Dr Deck was examined as to the nature of the wound. He explained that a number of shot had penetrated the neck and shoulder, and several had to be extracted, being very deep. Constable Hawkshaw proved the arrest of the prisoner. The prisoner in his defence dwelt at length on the improbability of his acting as had been stated. Was it reasonable to suppose that if he had committed the crime that he would have thrown away his gun, and after that go into town and not make any attempt to escape. He had been drinking hard for a week, and threw himself on the mercy of the Court. His Honor in summing up, stated that the evidence was so simple that only a few remarks was wanted from him, in fact he thought that he might leave the case in the hands of the jury at once, but he would go over the evidence, it being cheifly circumstantial. He then reviewed the case from the time of the prisoner's first visiting the Plough Inn to his being arrested, and pointed out the connecting links that went to make out the case against the prisoner. The defence set up for the prisoner, the jury must consider, but they should remember that drunkenness was no excuse for crime, unless the accused had drank to such an extent that deliruin had been produced, and then, he might be sent to a Lunatic Assylum. In this case there was no such evidence. All the prisoner's previous conduct went to prove that he was responsible for his actions. The jury retired at a quarter to one o'clock to consider their verdict, and returned into Court at half-past one with a verdict of " guilty " on the, fifth count — shooting with intent to do grevious bodily harm. His Honor sentenced the prisoner to four years' penal servitude. This case closed the criminal sittings.