SUPREME COURT.

Southland Times, Issue 1284, 26 July 1870, Page 2

SUPREME COURT.

: \FIIIDAY, JITLY 22. ' The court resumed this mdrning at 11 j o'clock, when . Mary Apn. {alia* Biddy) j M'Coy was placed in, the: dock; on the, following indictment, That at Groper's Bush, near ; Biverton, .she did on .or about the ~ 25th of June last, feloniously attempt to administer to one John Eveleigh, and another, a quantity of a certain deadly poison, called arsenic, with intent in so doing then and thereby ; feloniously, wilfully, and of malice aforethought, to kill and murder the said John ■ Eveleigh. ... ■ The prisoner pleaded M Not Guilty," and the following jury, was then impanneled—- J. Jenkins (foreman), R. Powell, Jas. Lang, jno. Henderson, ■ D. Anderson, R. Grieve, -DrM'Farlane, A. Brown, J no. Fowler, A. Peter, A. Muir, and H. M'Lean. MrT. M. Macdbnald conducted the prosecution, and Mr F. W. Wade defended the prisoner. The evidence, was- very voluminous, and much of it had little connection with the case. The following-is-a condensation- of the trial v— ■ Mr Macdonald, in a very lucid, address, foreshadowed the salient points of the case for .the Crown, and called, '".".' Richard Bocke, chemist and druggist, Riverton, who deposed ;that in February last prisoner ap-' plied to him. for arsenic or strychnine to poison rats. He refused to sell her poison, and, at his suggestion, she took some phosphoric paste. James Reed, chemist and druggist, Inyercargill, deposed to Having sold prisoner about an ounce of arsenic in AprilJast. ' He refused her at first, but- afterwards allowed her to have it on there* commendation of a respectable person known to, both. He had also advised her to take phosphorio paste, but she said she 'had tried it-' already without effect, and wanted something stronger. Patrick Sheridan, settler, Qrope/s Bush, deposed — On a Saturday near the end of June, heard,' John Ereleigh and prisoner talking near. Eveleigh's hut; it was dusk 5 didn't catoh the' subject of their conversation; prisoner came into my place half an hour after ; said she had been at Eveleigh's, asking his assistance with a foal which was awamped, and that he would not go. She asked me bo me dayß. after if I had heard the report about her putting poison in Eveleigh's billy ; I said J had not - To Mr Wade —^Don't know on what terms Eteleigh and prisoner -were; never heard them quarrel ; never heard Eveleigh say he would give 1 ten pounds to get quit of prisoner; never told her SO.' \ :■:■ -• ■: ■ ' :- ■ v - ■■■. i. ' I ■'■''. John Eveleigh deposed— l am a farmer at Ghroper*s ( Bush. . Prisoner's house •. ii three quarters 'of T a" mile from, mine, on my land ;' have lived with her for 13, or 14 years ; we separated 7or 8 months ago ; saw prisoner on the afternoon of 25th June on the Bush Road ; .we- spoke ; I was jn-andoutof my house-4dll about 3 o'clock that day, when I left it ; I then. left the billy hanging in the fireplace, with some tea in it; I saw prisoner again that day about * dusk going towards the' bush ; she could either, go to my house or pass it by that road ; I lost sight of her at a point of the .bush ; I went to my' house ; I sawher little dog outside ;"T heard the door open, and, when I came up, heard the Kd of the, billy rattling on the billy; I was then going in at the door; Mrs M'Coy waa inside; standing in the fireplace ; I said; " Madam, I believe- Fve" grabbed you' now." She said,; " You've got some cold tea in the billy." -She 1 - wanted me to get in ; I "would not'; I went away • she caught me by tie. arm, and said she wanted jto talk toine.':-I said, "Say our Fll listen,'?: W«| I stayed awhile 5 told her to go home j wentimidt /.. .-..,-.: 7. V: \ u. : i j; t • / ;»; ■ ,■ ■:. r

myself, and sh<j followed ; f I heard a man coining and asked her to -go ; she went i out, fcut came in three or four midates; alter j^ilchrist-'wastKen ia the hilt; she remained some ' :fxm6Jf -ifiry. brothar James carue'in' wMIe r sK^!w^r.tß9re : ; ! :ffiei said, " I aup^Wr''m'dat" !^o\ r -n^v^'^o*: ; ti&Tkfcsit^«: v \/. come';" she then left 1 } OiKhriafc retrlairied i v fe# ' minutes- after she'left ; my ■ brother Vth«S J lit 'Bfc fire ;;-h* took -down^hef KUyi Sndi ; ;?Jj6#«d ; mSh* - ; Bomefching'm if likeT grea^^J'Med'tov luT&^sotSe; '1$ I on my firig'ef j itttere • wai wTfl^%teffl*&f / the b6ttoM«%efore^tha*;W htoTT>pttf ktt«%V drink of .,: the cold teat hotfoed the ;w^'^Btuff^wer;:i»)lc^ tf iie^a^tafr water ' to ■■"maSef^iiif 1^ throw ';tip7f' f '*we r took the billy"' to* ' 'Sfcehhduse'a, -and" ahowed~it ; to BomeipeopK efiererMOongst^thiin fto sell.; I took the billy homo with.me 5 whenljtoft the hut that Afternoon at 3 o'clock^ took a drink put ofv.the,biUy, andrsur^notbiiig in >ifcitheß>j I took the billy to Dr Hndgkinaon'a next rinorning for .examination j . • he. took Borne of the white fltuff put^ he gave me* letter ifor -Sergfc. "o*Ke«ff«|, I took the letter and biUy\to,Sergt. A p\K»effii>.; :L , er .« To. Mr V^de-r-Haye not 4xadany.qaaTOlf ir"th the prisoner worth spea^g.aDO^^r^llSr'f^!' 1 !!* bound over to keepi the ,peace,vifpt what the dill herself j ahe assaulted me, not I het; ' ahet toll me often she would leave ijm without a shirt ; onj she has said so.once since: the, separation f can* tell what reason she had for- saying so; I iuppp** she\ meant she would rum ma ; .my hut wh burned down some time since ; I did connect her name with the burning j I suppose -she annoyed me because she wanted me back. • ; v ';.?-= --;.',., Mr .Wade— She burned your house :dpwn •to make you go back, to her? • ;; \ ■•■ f 'vV? ; :i ' ; ,\sk Witness^-Yes; I suppose so. •' - His Honor^And she would hare taken -him back without a shirt, it seems ? Mr WaJe — And she would take you back now, I suppose? . ; ./.'*'<'/. " 'Witness— Yes;'l,belieTeJshe r w6uld, . Mr Wade>^heha«a strong attechment to yon in fact, and yet. youH^rge her with » delibezmte' attempt nponypurliie. ; ..,:.. %f ;/..,...;>"-.' < [Both prisoner and witness haring reached mature years, these allusions to feelings suppoMd to be demonstrative only in youth, cneateja grea^ merriment in the court, which was supprassei with difficulty.] '„*., . .'."■ / . J;: ;' Cross-examination . continued-r-By " I^re gtww bed you now, Madam,V I nieant Ac had beesji coming about, my hut before 'without my knowledge ; it might be "an hour firom the time I went in till I took the flrink of.ltja ; I noticed no taste or anything :to attract Attention ; whan I drank the salt and. water, I waa, a-little ; aiek i didn't dp anything else 'to" get' HJ"df *tliefoa j I couldrnot see i the hoase froto?where I was work« ing that afternoon j- -tbe-<loor was no> : ,»ecurely r fastened; JDbr Hodgkinsott's |s 2f inilei^pff|::l came to the colonies as a prisoner j refuse ,to;sajwhat my crime was; refuse to say whether I have: been conTioted'Binee I'cameout.- • r .' : - : I il :i James: Eveleigh, ; brother ;oflastwitae«Vßnd liraig with i him, gave cprrpboratire e^ideaoe.^;!^ cross-examination . he showed , ; r . coos^era^ hesitancy,' "and" in .some' points / opntradu^ei3 slightly both' bis own and hu b^ther't'endqEM^ in chiet" .^■■''- ;::; -■<;. - ;r ; -"- ;ii - ; -i :i - -^ p"® V John Bassell,: ■farmer, Qroper^s Bosk; 4%«*b) evidence mainly corroboratingT preriow iritppsslip as to what took ;place at . Steuhouse's;. In r r«pl7 : to Mr^Wade, h^said Eyeleigh hld'ssM'Mt Sterihouse'a that he $d not drink any of the iwi : out of the billy; he SBid he hadt nbt-fakenan emetic j he said lie v had put hi*. fing«rS;:in ;Ju», throat to make him throw, j but, cpuld*pef^ can?k account fpthia raying he had ; not. fdnnk the itosu and then saying he had a bad taste m^hu mduith :frbmthesti^t^bill^^ n -mM Dr Hodgkinson (not inrpraotic^'depaMd td> having examined? the white jabstaDoemthf ibaUy^ but had npt in bis jwasessipn the e b^'goa«|M,,jrf ' testing -its nature ; j sent some^.tQ ■ 'lltt^babnus&p Inspector pfj police, Jnyercaiguli Serjjt. CrlCeeße, ' Kiverton, f aKd^ kept^soine.' "flatl^iinoj seen ■'^r Deck test it, and was. satisfied it was- Misenic/^Sergt. O'Keeffe deposed to receipt of the letter; containing the powder, and the billy, and to hay ■ ing handed them over to the Inspector. Li reply to Mr Wade, he thought John Eraleigh andjtbsj___prisoner seemed to be frequently quarrelhng, "a* they had often complained of each other to him. J. W. Chapman deposed, tq i receiving file, pow> ders and, billy, and handing them oror to Dr 'Deck.' ' * " ■''■':;- •' '.""-' >'-" — ■ Bra Deck and Qi^or eiplaked t thet^s"'lheT had applied to the powders and ««t«iit» df.^ie 5 biUy, andiboth expressed' Iheinselmss^sfcdjcoft li^:heuig-arseni6.; :^-J:& ' :Y&^iz&& ?^tt%\£GTi i .Mjp Wade: cros^^i^mw^l^ a^ljf^u^ti^symptoms of arsenical poisoning :-tb> Quantity, neceWtoproauoe'anVreciilnd.W^eit&f^f; tlieir skill in the detec^otfof -ti«poMWi.- : -:> (T >^ '-'■ : i This concluded the case for the prpsecutioninr" > Mr Wade did not call u th|4»f3 fence.""""."' „-,- ,'., ■? . .:+. ~+ n-'~^.*-, ! V - Mr Macdonald, - ffi o ** j^a&^itf^ M^C manner, summarised the evideiice aglMnsf vm&iK Boner, '■'■■'■■ -^v.-%. v r - r^ s^" I .!^ '^. : ?-^- S ?**HX? ; Mr Wade made a irery e|B»ctiTe^pee** : in o ih«ri defence^ -placing prommentlyjbSlbre" the jury ? ftp inconsistencies in the^estimpny of thai two' :!»»•« thers, and the caution w^.wh^ tlM^videapi«E, JohnV owing .to ,damagmg ■. i^eceiienis^^ln^pMiVj character, should be received; 'He sisb dwiufc^ upon the fact of the hot oeing;insecurely fakensd ' up, and- the consequent poesibaity : of the poiiM 7 " having been-; place 4 in.^hel hilly, by MOM^oiaw 7 party altogßther unknown.-^ Eh- strong ;poSa|»l however, was the probability of the { whole, thiOf being a ' scheme ' conoooted 'by ' { om or 'otSer, ~br^ both, of the Eveleighs for the purpose of geU£qy ' rid'of the prisoner, and impressed upoffthe-joiy' 1 the fact that, they admitted, the ;Uk»lihobd -rtf:' the brothers, or either of them,' having done ao> they must conclude, that they had also made op their minds to dome into the '• 'court .- ; *n3 oommh '\ perjury. -The^supposition' that they were tinsauthors of the plot implied an intention on their part to carry it ont by , falsr - gweMing^ r.:Th>a learned counsel concluded by, ;stying he' left ihej case to the jury with p^rfept,i»nfidenpsi. ;^", ■ ■-? > His Honor summed up at^conßiderable/langtti. : He directed the jury to satisfy their minds as to>' whether the substance" found was 'reaHy_poisbn.~ The next point was, by whom- was ; it~pfieed in ; the billy, and for what pui^wse./ 3^ a caietrf < the kind it was of little importanoe who was) intended to be killed.. The law, held the eulpiik guilty of murder if any : person-wae-kfllsdi: Thw, a person mingled a quantity of poison in, say •> tureen of soup, for the purpose of killing one of a number of persons who might partake of it, the intended victim might escape* and theothen suffer, yet the person mingling the poison woold j be held guilty of their murder, althonfh ana animus against them had existed. Again, top* posing A to shoot at B, and kill 0 instead, A woAid be held to have murdered Cj i^ beinf^satiuioiain law that a person mtonding.Wperpeteate' '_.%'. crime contemplated all, its oon|eqnenoesy v aadia responsible for them.' He then' reminifed ' the , ■ -jury that should any doubt exist in thairasißdeV as to prisoner's guilt, , it was. their-.duty to; fif»* her the benefit of that doubt j bat Uut^didllb* refer to doubts which -might ' arise^ dunnf ■r.ttpi-J process of the trial, but only to such rsesoiisbjt doiibt as mlghrbe enter£siiied~ai^thoT!£^xpa- ) sidered the whole of the; ;'.^ Be^arding^ John Eveleigh's having been a convict? thatnad no- bearing on the-meri6^-of the— ease, tsjfcBimply affected the yalttr othis own erideaatw and from all they had ; learned of thai witnfsj** antecedents, he must say they ought to exeraaa the eztremest Tigilanoe in testing efmyiUaglim^ had said. As to the nature of the roKstanar found in the bffly.'the oouUsel fiv the define* had,endeaToi^toiexcite;o^b^^yipi(pliuiijiif the skill of the medical witnesses, none of wMasn,^ were analytical ctomists^ , \ 1 - i !Qbis. was »o4 of importance, howefer, as analybcil knowledfewis)^ scarcely required- when th^isuSstanoe was befcria; you, but rather when, -poison hiring been ab» : sorbed ' into t^e . system, some portion of :t&i. : intestines was afterwards submitted fiy «iftiijifisa> ) tion."" lii~tßa v case,. the . niceir*icHi~ .m, necessary, bat inTtilepreseni idstanoe, where '!&*£ substance was in -bolki—the merest ijto cheiiiistry could' dedcle. The^p«ft^^|aW ? against prisoner were .these. It;. VMiahov* dbsX was in possession of •neniq ; tia*&f}m&Mmmi

fa the premises at any time; that, if Jfiveleigh was to he believed, she was there on the particular day ; that the substance found was v. arsenic | and that she had a motive, having been . turjied away after cohabitation for 13 or 14 years, 'whiehwas treatment almost sufficient to justify a -mild revenge. Against these, the jury had to " place the supposition that the charge had been tramped up by John Eveleigh to get rid of the woman* This was a suggestion they were entitled _ .to.entertain, and their yerdict, supposing it to be ~ one of acquittal, would not necessarily raise a charge against him. ; j.After-an absence of about twenty 'minutes, the jury returned to court with a verdicc of *sNot -Guilty," and the prisoner left the dock. The court wasthen adjourned until next morning.

r.:*,a -:■ SATURDAY, SXJLY 23ED. : His Honor to6> his seat on the Bench this morning at 10 o'clock. '- ChJorgfl Meredith, who had pleaded guilty at a former sitting to two charges of uttering forged cheques, was brought up for sentence. " H» ; Honor, addressing the prisoner^ said he found that he had himself sentenced him to six jjjnonths* imprisonment, with hard labor, in May cf 1865, for larceny. The sentence had been a light one, because it was prisoner's first offence, end he had been sometime in jail awaiting his triaL On this occasion hb Honor still hoped, feom the feet of prisoner's haying pled guilty, that ho desired to reform, and it would be well if he did so, oa if he came before the court' again his sentence would be a very heavy one. For the crimes of which he now pled guilty, the sentence would be twelve months* imprisonment in each TOse, with hard labor. "SCte court was then adjourned.

-.■•'■•'••-■• ■? '3S<ttH>AT, Jinar 25th. - Bis Honor sat-fo-dsy in Banco, and heard an appeal can team the Warden's court, Or<puki. The point xn dispute-concerned the boundaries of ai^bming -&aims. Mr Wade appeared for the appellants, Mintosh and another, and Mr MactwnalcF for the respondents, Howard and another. The i case oeeupied a long time, and His Honor reserved judgment until Wednesday morning. A sitting^ in Bankruptcy afterwards took place, when W. J. Edwards appeared to pass his ftialeiamiiiation, and applied for his discharge, affinal 'order was suspended for twelve months.