RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIII, Issue 4228, 20 July 1882, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. v:- ' " /\ (Before H. Kenrick, Esq{, E.M.)~ " THE CHABGE AGAINST JOHN IEYDON. - John Laydon was charged with stabbing Michael O'Keeffe at fe Arbha on the 16th inst, with intent to do him bodily harm.

Mr Miller appeared for accused. Constable Nicholas Cleary deposed to being oti duty at Te Aroha on Sunday morning about 12.15, in company witu Constable Graham in front pf the British Hotel. He heard a row in'the hotel and Went in. Saw a crowd of pVople in a room, and the accused in Quinjau's parlor. He was on the ground in a sitting position. O'Keeffe was standing up. - Heard some? one say, "■ l.eydon has stabbed O'Keeffe with a knife." Mr Quinlau had hold of Ley don. The crowd seemed to be going for Leydon. Quinlan said Leydon has flung a knife, out of his hand under a stretcher. Witness found it open under the stretcher (large pocket knifu produced). O'Keeffe said Leydon had stabbed him with a knife. Found two wounds, such as would have been-made by a knife, on his back, from which,blood, was issuing. Two stabs were through the coat (produced) between the shoulders, and a little blood; likewise on the waistcoat. There were three stabs on the shirt, which would probably be caused by the fold. The under-shirt contained four hole. [Shirt and under* shirt, containing large blood-stains, produced.] Arrested accused, and charged him with maliciously wounding-O'Keeffe. Leydon was excited, as if he had been drinking, but did not appear drunk. Looked for blood on the knife, but did not see any. Cross-examined by Mr Miller : Leydon did not say where the knife was, but witness saw him apparently-reaching to get to where the knife was, but Mr Quinlan was holding him back so. that be should not do so. Had trouble. to keep the people back frsm beating Leydon. The passage door was qpea, \ '"■"'•■■'■ Dr Chas. Huxtable, deposed—'He* found a stab about an inch deep on the fight side of O'Keeffe's back two inches from the spine. The skin was swollen. On the left side about two inches.from-the backbone, there was a similar cut about half an inch deep?also swollen: r^Pfiey did not penetrate deeper than the ribs apparently, and were' not dangerous'lit present. It is not advisable' to * probe them, as the wounds are partially closed. They were at right angles to the back, and might have been inflicted by a knife half open, but he thought it was more- likely to be fully open. The lungs appear to be uninjuredL ' V -^-;- y. ~ >w n% ■? n>

Michael O'Keeffe said he dicThot' visa to press the case against Ley don. His Worship-replied the Police had now the case in hand.

O'Kee'ffe deposed he was a miner, aud saw Leydon about 7 o'clock. Toydoa read his bumps, and made a big boil on him (laughter). Left the hotel' and-' returned shortly aft3r 12\ o'clock/. Saw accused in the passage, apparently coming out of a room; he had his coat and boots off. Mr Whitaker and another gentleman came in at the front door,and Leydon walked against him. They began to growl at. one another. 1 Mr WhitakerstaojLeff as if to shape, and Mr Quinla^^P^ to separate them. Leydon complained of bad treatment during the night. Witness said he deserved all he got. QuinlatFvdid witness tofoinand fetch out Inydon's clothes.Leydon went in and ' witness followed few minutes after, and,.found' him^ittinft down. Witness turned on Hii, left hand, and spoke to three *m£u ihafc were in bed. He turned to a table in the middle of the room, and laidhi9 band r on some clothes that were on .ft,. a,rid^siiid, " Are those your clothes, Lojrdpri ?? 'Jli'ay* don rose up, and raised- hit right Ijand, which contained an open Jcntfe, blade upward, over his head, and 1 made a step ' towards witness, saying, "Don't lay"^ hand on them.". Witness tbeo.W down, and made a rush at him, and got under his left arm. He had not then ,made any attempt to strike at witness with a' knife. While in that position felt a stab in the back. Witness caught.hold of him and threw him down. Fell on top of him, and his hand being above- witness's ~ back, received another stab." He was' stabbing away at him while on the ground. Witness snog out the wretoh :had, him stabbed. Several persons came to his relief. Told them to look out that accused had a knife. Witness had* taken liquor but was not the worse for it. Leydon was not drunk. Had no quarrel with Leydon. ' The second blow might hare been accidental, but such was not bis .opinion. The iirsj; blow, he felt certain, could not" hare been accidental. When on the ground Leydon kept stabbing at him, while he pinched Leydon. ' [Left Sitting.] " '