RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1662, 15 November 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., "R.M.) Thtjbsdat, 14th Novbmbbb. James M'Laren waa charged with cutting and wounding, with intent to murder, one Malcolm "^haw, on the night of the 11th inst., at the railway camp, Oteraraika Bush. Mr "Wade appeared for the accused. Malcrtlm Shaw, the wounded man, gave his deposition from his hed in the Hospital, whither he had been taken oy Dr Monckton, who wns called to attend him. He said that on Monday night, the 11th inst., ha and gome other mon were drinking in. the prisoner's store at Bdendale, and ultimately got drunk. He had a fight with M'Laren, who knocked him down, and when -he was down struck him on the face several times. M'Laren was taken off by the bystanders. After that he had a drink with M'Liren, and later in the night he was turned out of the store by M'Lareu. Went a few yards, lay down, and dropped off asleep. Afterwards heard a voice over him, and felt a knife in him. The voice said, " You , I will kill you." The accent was Scotoh. The knife was in the right aide of his back. Got up on his si le and said, "My ; God ! save my life." Saw a man running towards ) the store. Did not know him. He was dressed | in dark trousera and shirt sleeves, and the back J of his waistcoat was towards witness. It was moonlight, but cloudy. Did not recognise the voice. Witness identified the clothes produced as those he was wearing ; they were saturated with blood, and there waa a lar^e cut three inches long in the shirt and unJer flannel. The remainder of the evidence was heard in i the Court-house. Archibald Black, baker at the railway camp, was in the store that night. Saw the fighting between M'Laren and Shaw. Shaw came in a second time, and spoke to M'Laren. Witness did not hear what he said, being deaf, but understood' he was provoking M'Laren. M'Larfln pioked up something from the counter which he took to be a knife. Witness said " What are you going to be up to now, Jamie ?" M Laren then put Shaw oat, and they both fell together afc the door. Witness did not follow them, but went to attend to his ferment. Went out afterwards. Shaw was lying on the ground ; tried to get him in but could not manage it, and bo left him. Did not notice then whether he was hurt or not. Found the knife produced on the grass next morning where Shaw was lying, the blade covered ha f way up with blood. There was a small pool of blood on the grass. The knife produced waa one that used to lie on the counter for cutting twine. Neil M'Donald, laborer, saw M'Laren putting Shaw out of the store on the evening of the 11th inst., but did not know at what hour. Had som* drinks after that, went to bed, and slept very soundly all night. From where he stood he could npt see whether M Laren lifted anything from the or not when he turned Shaw out. Patrick Flanagan, laborer, saw a fight iu-the early part of the evening between M'Laren and Shaw. They were drinking to a late hour. Then there was another row, and M'Laron threw Shaw out at the door. There were others with him. They all came in again but Bhaw, who remained outside on the ground. Constable Purdue stated that he saw the ac cused at the railway camp on Tuesday, the 12th. Spoke to him about the stabbing. Accused Baid be could npt make it out, that ha had shut up the Btore at ten o'clock, and never saw Shaw afterwards. M'Laren gave witnes3 the shirt and trousers he wore the night before ; there was a mark of blood on the left leg of the trousers. Arrested M'Laren, and brought him to town. Francis Alexander Monckton, medical practitioner, stated that he attended Shaw on Tuesday, 12th mat, and found a stab in the ri^ht side of the back, a little to the right of .the right kidney. It was a stab with a double-edged knife. The wound was two inches wide, but he could not exactly say how deep. The wound could not in his opinion ha7e been self -inflicted. Shw Shaw's clothes; fh;y were so iked with blood, .and there were »tab marks in th<-ta corresponding to the wound. Took the wounded man to Invercargill to the hospital. < Sub-Inspector Fox stated that he had received l tho knife produced from Black, the baker at the camp, on Tuesday, the 12th inst. On the application of dub- Inspector Fox the accused was reminded for eight days, to admit ; of the production of further eri le'ioa. ' ; The accused was admitted to bail on his own - recognisance for £100, and two sureties for £100 ' each.