RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1578, 14 May 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

Saturday, 11th May. (Before H. M'Culloch, Esq., R. M.) Robert Hitchcock waa charged with shooting and wounding, with intent to kill, Benjamin Wymack. Benjamin Wymack deposed — I have lived at the Waimatuku for 13 or 14 years, and have known the prisoner 10 or 11 years. He lived close by me. I was on good terms with him all that time ; we were just the same as two brothers ; we never had any quarrel. I recollect Monday, 29th April. About 9or 10 in the morning, I was in my own barn, about 10 yards from my house. I heard the prisoner's children screaming out. I thought there was something the matter, and went over to Hitchcock's place. When I was within 20 yards of Hitchcock's house, I saw Mrs Hitchcock standing outside the door. I did not ccc the prisoner at first. Mrs Hitchcock called out, " For God's sake go out of here, my husband is raving stamping mad!" I saw Robert (the prisoner) come to the door then. He was throwing his anna about, and the froth was coming out of his mouth, and he said, " Clear off my place as quick as you can !" I turned to go homewards. He turned towards his house. I heard the report of a gun and the scrub rattle, and 1 turned round and saw him with the gun in his hand. He was then 20 yards from me, and I was about 40 yards from the house. He did not say anything. I was struck on the right thigh and leg. 1 did not feel the shot anywhere else. There was only one barrel discharged. I fell at once, and was on the ground when I turned round. I did not lie more than a minute. The prisoner did not come to my assistance. I went home, walking on my own feet the best way I could, barred the door, and lay down. I saw the man was not right in his head, and I was afraid he might come to me where I was, so I loaded my gun, with the intention of protecting myself if he should come. When I was struck I knew it was with shot. The trousers produced are the trousers I wore at the time ; they are marked with blood. That iB Hitchcock's gun (produced). I lent the prisoner two or three charges of shot a week or a fortnight before the occurrence. The shot produced is about the same eire as that I lent. I believe that Hitchcock's gun scatters a good deal. After I was shot I was a little stiff and lame about the right leg. I have been attended by Dr Monckton. He extracted three shot from the right thigh. Cross-examined by Mr Wade — During the ten years I have known the prisoner he bore a good character. He was not passionate. I never saw him in the same way before. I know of no reason why he should shoot me. He was ill for a fortnight before, and took laudanum and rum by way of medicine. When I received the shot I turned round immediately, and saw that the prisoner had the gun in his hand. Ido not think if the gun had been at his shoulder he could have brought it down to the position in which I saw it in the time. I do not believe he aimed the gun at me. It might have gone off by getting caught in the vineß. The gun iB generaDy

I kept loaded. He had no time to load it after 1 saw him at the door. I do not know whether he was aware that I wa3 hit. I was sixty-tw. years of age last May. Timothy Connor deposed — I am a settler at th>^ Wairnatuku, and live about a mile and a half from Wymack's. I recollect the morning of the [ 29fch April last. I went to Wytnaek's between 9 and 10, and found him in his own house. Ho was disabled. He opened the door. He was lame in the right leg. He warned me not to go over to Hitchcock's, for he (Hitchcock) had shot him , and had said he would do the same to any one else that came. Thomas Flatt and Robert Miller were with me. We went to the sandhills near Hitchcock's house and cooee'd. Mrs Hitchcock came out, and wanted me to go in. I would not. She went in, fetched out Hitchcock's gun, and gave it to one of the other two men. I did not go in because I was afraid. After the gun wa9 brought out I went in and sat down. Hitchcock wa3 there. He told me that the cause of this row was Wymack being too great with his wife. I told him I did not believe it. He said he believed what he saw. I stopped an h^ur, more or less. I overtook Miller and Flatt at Wymack's, and accompanied them to MNee's ; old hut. Flatt had the gun. I believe the gun ! j produced to be the same. I saw the gun dis- J charged against a wooden chimney at the hut by I I Flatt. Both barrels were fired. I saw some | i little holes in the chimney from one barrel. At the second shot a board dropped out of the chimney. It was split in two, and there was a hole in it the same as if a ball had done it, but I could not swear it was a ball. Cross-examined by Mr Wado — Wymack said that Hitchcock was very excited. Thomas Flatt deposed — I remember 29th April last. I went with Connor to Hitchcock's. I received a gun from Mrs Hitchcock. She told me to beware of it, as there was a ball in one barrel, and shot in the other. I fired it at the chimney of M'Nee's hut. The right barrel left marks of small shot, and the other I believe of a ball. I stood about 40 yards from the chimney. The gun was left at Connor's. Dr Monckton deposed — On Thursday, 2nd May, I went to see Wymack at the New River Bridge. He had a large number of shot wounds on various parts of his body. There were 3in the back, 2 outside his right forearm, 1 behind the point of the right shoulder, 1 behind the middle third of the left arm, 4 in the stern, 23 in the right leg and thigh from behind, 4 from behind in the left thigh, making 38 in all. One of the shot had gone clean through the thick part of the thigh, and lodged half an inch under the skin on the opposite side; Nearly all the others were buried too deep for a probe to reach. Wymack is a very well-developed man ; his thigh is very thick. The shots in the back were beyond reach, on each side of the spine. I would not like to say that he will feel no inconvenience from them yet. I cannot say whether he is out of danger ; it depends on the position of the shot, if any of" them are in the cavity of the chest. He must have lost a good deal of blood. The trousers were perforated with shot, and stained with blood. I produce three gnins of shot extracted from the thigh. He requested me not to extract any more, as he felt no inconvenience from them. Charles Humphries deposed — I have known both Wymack and Hitchcock for some years. On the morning of the 2nd of May, I visited Hitchcock at his own house. I told him I was sorry to hear he had been so unwell. I told him I was going to take Wymack down to my own place, and asked if he would like to Bpeak to him (Wymack). He said, '• No ;he was very sorry for what had occurred, and that it was done in the height of his temper." Cross-examined by Mr Wade — He did not say it was by accident. I always thought Hitchcock an inoffensive man. Patrick Barry, police constable stationed at Riverton, deposed — On Thursday last, 2nd inst., I proceeded to Hitchcock's house aud found him at home. I got Hitchcock to accompany me to Wymack at Humphries's place. On the way, he eaid at first that he knew nothing of the matter. He then said that he expected me. After that ha kept Bilent till we arrived at the Bridge Hotel. When we arrived there we saw Wymack, who came out of a room into the bar. Hitchcock was sitting at the fire at the time. Wymack said, " This is the man that done it ; this is Bob." Mr Fox then charged Hitchcock with shooting and wounding, with intent to kill, Benjamin Wymack. He kept silent till we came to the police station at InvercargilL On Mr Fox reading the charge out of the book at the watchhouse to him, he Baid " he did it in a temper." I produce a gun got on the 3rd inst. from Mrs Connor, at Connor's house. It was then unloaded. I produce a bag containing mired shot, a box containing caps and a ball, a bullet mould, powder flask, and an empty bottle labelled " laudanum," which I got at Hitchcock's ; also a pair of trousers which I found at Wymack's house, with shot marks and stained with blood. Mr Wade having addressed the Court with a view to show that there was no evidence to prove that the' shot had been intentionally fired at Wymack, The prisoner said he never intended to shoot at Wymack. The prisoner was committed for trial. Anne M'Gregor, charged with having no lawful or visible means of support, was sent to gaol for a month. Catherine Murphy, charged with being of unsound mind, was remanded for a week. Monday, 13th Mat. (Before H. M'Culloch, Esq., R.M., and W. H. Calder and W. H. Pearson, Esqs., J.P.s) Hatch v. Monckton. — This case, adjourned from last Monday, was a claim for £29 10s sd, for goods supplied. A set-off of £3 3s was put in and allowed. A further amount of £5 19s 6d was claimed by defendant as an overcharge in prices in this and previous accounts, which had been settled subject to correction. Judgment for amount claimed, less the set-off of £3 3s, but without costs; Thomson v. Davidson. — Claim for £50, arrears of rent. This case was decided for plaintiff, in absence of defendant, on 26th ult., but on defendant's promising to pay into Court the sum of £25, with costs, £3 7s, a rehearing was granted for to-day. Adjourned to next day, to admit of parties arriving at a private settlement.