COURTS.

Thames Guardian and Mining Record, Volume I, Issue 216, 18 June 1872, Page 3

COURTS.

POLICE COURT.— Saturday. [Before W. Ftusr.lt. Esq., R.M.] DRUNKENNESS. Thomas Williams, William Fincher, John James, James Thompson, and Murdoch Campbell were subjected to the customary fines with the usual alternative in case of non-payment for being drunk. SHOOTING WITH INTENT TO KILL. Lachlan Allan McCaskill was brought up on remand, charged with shooting Hone Pahau, at Hikutaia, on the Ist June instant, with intent to kill and murder him. Mr Bullen conducted the prosecution. Mr Macdonald appeared for the prisoner. Mr J. C. Young was sworn ill as interpreter. Dudley Robert Eyre deposed : I am a licensed surveyor. I visited Mr MeCaskill’s place at Hikutaia on the 14th instant. Ate Akc pointed out certain boundaries to me. He also pointed out certain wliares at the native settlement at Waipuraro. The notices of the occupants of those wliares are inserted on the plan produced. He also pointed out to me certain spits marked on the map. He pointed out to me places on the ground where certain persons stood at the time this offence was said to have been committed. I took the bearing and distances accurately. (Mr Macdonald objected to this evidence). The distances are marked in feet. One portion is drawn to a larger scale than the other, in fact there are two plans on one piece of paper. In the smaller there are 264 feet to an inch. In the larger 66 feet. (Map put in and marked A.) Hone Pahau deposed : I belong to the Ngatipu tribe. I live at Waipura, Hikutaia. I was there on the Ist June. I came down from the ranges on the Friday and slept there that night, and was there the following day when something about pigs took place at Nicholas’ house. I heard a person say the pigs were being drowned by the dog. I came out of the house, and found that Ate Akc and Wiremu Ilaraka, who had been talking about the pigs, had gone away in the direction where thep igs were squealing. (Witness pointed out the locality on the map). It was on the farm, near the swamp. I followed in the same direction. On the road I saw Allan McCaskill (prisoner’s brother) talking to Ate Ake and Wiremu at the fence. There was a boy there named Hukihuki. I went towards them. Allan McCaskill moved away. I did not see anybody else at this time. I afterwards saw Lachlan McCaskill (prisoner) and his nephew. Prisoner was coming from the direction where I heard the pigs squealing. Prisoner had a dog fastened with a piece of flax, which he held in one hand, and he had a gun slung over his shoulder. I asked Wiremu Ilaraka for a spear, which he was carrying. The spear produced is the same. It is a kauri gum spear. Wiremu handed it to me. I advanced towards prisoner, carrying the spear with the point towards the ground. I said to prisoner, “ Friend, give me the dog that I may destroy it in payment for our pigs which have been worried by him.” I was about as far from him as from here to the building on the opposite side of the street. Prisoner said to me, “ Go back, or you’ll be shot.’ He spoke in the Maori language. I was advancing at this time. I had the spear in the same position as before—pointing to the ground. Immediately after prisoner told me to go hack he fired at me. He levelled the gun at me from his shoulder and fired. He had previously been carrying the gun over his shoulder. I felt myself hit in the right breast, but did not feel pain at first. Nothing was said at this time. Where the first shot was fired I threw the spear on the ground, and ran on towards the prisoner. I had made three jumps forward, and was close to him. I wanted to catch hold of the gun, so as to ward it off. Prisoner fired again and it took effect in my left jaw and arm.

I had nothing in ray hand when the second shot was fired. I never flourished the spear, nor held it in any threatening attitude from the time I first took it until I threw it on the ground. He might have thought I was angry about the dog, when I demanded him, but I never lifted the spear. After the second shot I seized hold of prisoner, caught him by the hair and threw him down. When I had him on the ground, Allan McCaskill came and caught hold of me. Wiremu Haraka came up, and I told him to be strong and hold the prisoner down, and I then got hold of Allan McCaskill and threw him down. I called to Ate Ake and told him to take the gun, which had fallen on to the ground in the scuffle. Ho did so, and also took away the spear. When Te Ate Ake had got through the slip pannel at the fence. I let Allan McCaskill go, and Wiremu did the same for the prisoner. They then went towards their own houses. We then returned home towards the settlement, but my head got very giddy and I was unable to go alone. I fell down. Some people came along and helped mo on to my feet, and “ Jimmy” assisted and between them they got me along. I had the two shirts now produced on at the time (both were saturated with blood and" had holes in them). The holes were produced by shots from the prisoner’s gun. The shirts were quite new at the time. I had only one glass of liquor on Friday night. It was after 2 o'clock on the afternoon of Saturday that the shooting took place. I had not been drinking at all that day. The next day (Sunday) Dr Kilgour, Jit' Bullen, and Mr Young came to the settlement. Dr Kilgour examined the wounds and ordered me to bo brought to the hospital, and I was taken there that night, and have been there ever since until this morning. The gun produced is the gun prisoner tired at me with. I gave prisoner no cause to fire at. me. I only asked him to give up the dog. Cross-examined by Mr Macdonald: Prisoner only said “ go back" once and then fired. My companions had gone on one sido for fear of being shot

At the close of the witness’ evidence the Court adjourned for an hour. On resuming— Wiremu Haraka deposed : I livo at Hikutaia, and was there on the Ist instant. I heard pigs being worried that day. Was in my own wliare at the time. I went along till I got to Hone Pahau’s wliare, and there I got a spear to kill the dog that was worrying our pigs. I saw Ate Ake and Ilukikiiki there. They accompanied me towards Mr McCaskill’s farm, to the place where the pigs were being worried. On returning we met prisoner’s nephew, and afterwards saw Allan McCaskill, (prisoner’s brother,) and prisoner, who had a gun and a dog with them. Witness proceeded to give a similar version of what occurred to that which had been previously deposed by Hone Pahau.

Te Ate Ake, residing at Hikutaia, corroborated the testimony of the previous witness, and said he accompanied Mr Eyre on Thursday last, and pointed out to him the track previously travelled by Ilonc Pahau and himself on the day of the shooting (Ist June), and which is described in the map produced in Court. Mr Macdonald objected to witness beingasked if he pointed out certain spots on the map to Mr Eyre, and then the distances being given from the map as his evidence. The R.M. upheld the objection. The witness proceeded with his account of what took place in almost the same words as Hone Pahau and the other native. James Kilgour, legally qualified medical practitioner, etc., stated that on Sunday, the 2nd inst., he went to Hikutaia and rendered medical assistance to Ilone Pahau. He was reclining on a rude couch, and witness ascertained that there had been a good deal of bleeding. He was suffering from three wounds. The lower jaw on the left side was considerably shattered. Witness bound up the wound to enable the patient to be sent to hospital. The wound on the breast was of a trifling character. The patient was sent to the hospital, and since his arrival there has been under the treatment of witness and Dr Lethbridge. The wound on the arm consisted of laceration of the skin and subcutaneous muscular substance. It is not of a dangerous character, but will be some time healing, in consequence of some small shot having lodged in the muscle. The injury to the jaw is not of itself of a dangerous kind but complication might possibly follow a wound of that magnitude. The shots produced were taken from the wound in the arm in the presence of witness. Several pieces of bone have been extracted from the wound in the jaw. The wounds arc gun shot wounds. The patient has been in the hospital since the 2nd inst., and will have to remain there some weeks longer. By Mr Macdonald: I consider the patient out of danger. Robert Bullen, Sub-Inspector of Police, deposed: On the morning of the 2nd inst., in consequence of information received, 1 arrested the prisoner, and charged him with shooting at the native Iloni Pahau at Hikutaia the day before. I explained the nature of the charge to the prisoner lie made no statement then. On his wily to the Police Station he spoke freely of what had occurred. He said he had been obliged to do it in self-defence ;Mhat the native Hone Pahau attacked him with a bayonet fixed on the top of a pole, and then explained that it was not a regular bayonet, but a piece of iron about 18 inches Jong, fastened on to a stick. He said the native Pahau struck him twice before he fired.

Cross-examined by Mr Macdonald : I had a letter from Mr McCaskill, through you, ou tho Sunday morning, as follows : Shorthand, 6 a.m , Sunday, 2nd June, 1872. Sir, —I deeply regret to have to inform 3"ou that in self-defence I was obliged to fire at a Maori at H.kutaia, at about 4 p.tn. last night, by which he was seriously wounded. Your obedient servant, L. A. McCaskill. To the Inspector of Constabulary, Shortland. The messenger went straight from your place to a house on the Karaka, where Mr McCaskill was. I followed and arrested the prisoner. I now produce the gun, spear, and clothing worn by Hone Pahau. Mr Macdonald said he should offer no evidence, but reserve his defence for the Supreme Court. Prisoner was fully committed for trial at the next criminal sittings of the Supreme Court in Auckland. Mr Macdonald applied that prisoner be admitted to bail. The R.M. said lie would allow bail, prisoner in £SOO, and two sureties of £250 each. Mr Macdonald said Mr John Butt and Mr Daniel Tookey would enter into the required recognizances next morning. The Court rose at 6 p.m.