SUPREME COURT— WESTLAND DISTRICT.

West Coast Times, Issue 108, 22 January 1866, Page 2

SUPREME COURT— WESTLAND DISTRICT.

CRIMINAL SITTINGS.

(Boforo His Honor Mr Justice Gresson.) ' Saturday, Jan. 20. The court opened as usual at 10 o'clock. M.VKHUVaiITKU. Absalom lh-ook was charged with killing nnd slaying ono Thomas Hall, on the 11th of Nov. last.nt the Two-mile Creek. Mr South defended the prisoner. Sergeant Bluyne romomborcd the 11th of Reptembor last, On th.it day he was on duty in tho camp, and prisonor camo there with two mon, Stephens and Chapiuan, and said he came to givo himself up, as ho believed ho had killed n man. Witness asked him if ho was serious. Ho said ho was, and his statement was corroborated by tho other two men. Aftor cautioning him, prisoner said that ho was a mate with Thomas Hull, and that they carried on business as dairymen on tho beach at tho Two-milo Creek, north of Hokitika. Tho deceased, Thomas Ball, had been in town to sell milk, and did not return until about four o'clock. On returning, ho (prisoner) said to deceased, "This is a nico timo for you to como home." ,Tho deceased replied, "If you do not like what I am doing, pay me my share and got somo ono else", Prisonor stated >to witness (bathe thon struck at dcceascd, ( prisoner standing insido and deceased outsido tho door and that ho bolioved ho had killed him. Witness oskod him if ho hit deceasod, and prisonor replied that ho struck nt him, but ho could not toll whothor ho hit him or not. Witness romarkod at tho limo that tho right hand of prisonor was cut and swollon, and ho explained that that was occasioned pnrtly by tying up a wild cow, and partly by striking' at Ball. Prisonor stutod that ho tind Ball had boon living on bad torms, nnd ho added that whon ho struck at Ball ho did not know whether ho struck him or tho door post. After this statement witness locked prisoner up, and wont to Two Mile Creek whoro deceased and prisoner had lived. Jlo Avont into tho houso and found deeensod lying on a bunk quito (load and lying on his back, hi 3 foot raisod and his head low. Witnoss oxinninod him to soo if thero woro any signs of violonco on his person. JIo found a cut. under his right oyo and tho oyo was swollon and blackened, and a stream of blood had flowed from ij. Thoro wero no othor marks that witness could see. On soarching tho body witnoss found £7 Is 9cl in tho pockets. Witnoss thon brought deceased to (ho camp. At that limo tho body was quite warm, nnd was warm oven whon brought to tho camp. Cross-oxamined .by Mr South — Prisonor when making his statomont also said that deceased wa? in the habit, of stopping in town after selling his milk and coming homo tipsy, and that ho (prisoner) minded the promises iil which deceased sold the milk. Ho said that ho had to do most of tho work, but ho said nothing else nt tho time. Two days ufler prisoner told witnoss that doccasod ought lo havo boon back at 12 o'clock in the day, and that deceased wns not treating him fairly, ns ho (prisoner) had all tho work to do.' Ho also said that ho had not asked decoased lo

do work whon ho had como homo tipsy. Tho blood witness had roforrcd toappeared to ilow from a cut on tho riglitcye, and it appeared just such a cut us would bo oucasioncd by a blow. Tho ground is not very rough round tho houso, and the place where they wero living was partially cleared, though thoro woro stumps round. Tho bruise on the oyo referred to did not look like a blow caused by any of tho stumps on tho ground. During the whole time tho prisoner appeared very excited and frightened, and, also, expressed his extreme rogret at what had happened. Jamen Stephons said that, on the 11th of Soptomber last, ho was in tho employ of the prisonor and JJnll ; on the afternoon of)thatday, deceased eamo homo about four o'clock. At tho timo Chapman, Ferguson, prisoner and witness were all in tho hut. When deceased came homo, prisoner said, "You are late getting home to-di.y Ball '; its well you got homo at all." Ball replied, ''If you do not like it you can get some ono else," or words to that effect. Prisnor then struck at him with his right hand, but there was nothing in his hand. Prisonor was standing just insido tho door of the hut, and deceased was standing outsido. Witness sawboth at Iho time, but could not say whether the blow would reach deceased, and ho did not remember hearing any sound ns of a blow following it. Before striking at deceased, prisoner had two cuts on his hand, and afterwards witness noticod that he had three cuts. After striking at deceased prisoner made no remark at that lime. After this both prisoner and deceased went out to tho end of the hut turning loiind to the loft of tho door. Witness did not follow them, and could not say who went first. They wero speaking together, but witness could not hear what thoy wero saying, though he could hoar the sound of their voices, Thoy appeared to bo quarrelling. Witnoss rose from his seat and went to tho door, and looked after tjioin. Ho saw prisoner nnd deceasod a littlo distanco from the hut, and ho saw tho former strike ,tho latter with his hand or his fist on the head/ or shoulders. They were then face to face to each other, When the blow

took effect witmw could not say butthedeceased slinnblod and fell backwards. Tho blow caused deceasod lo stumble, and his head caino in contact with tho ground, but whothor his head or his body touched ,the ground first ho could not say. Tho blow did not appear lo him lo bo a sovero blow. Witness wont up to deooascd and found him lyiug on his book. Beforo this, wilnoss heard prisoner call out to tho doccased to "got up and not bo scheming." Thoso wero Iho oxact- words ho bolioved. Chapman went with witnoss to Iho deceased,

and they found him lying some fifteen yards from the hut, on the samo spot 'whore ho received Iho blow from Iho prisonor. There was a littlo cut and a liltlo bruiso on one of

Iho chunks of deceased under tho ove, and some blood had flowed from it. At tins timo

I3all was dead, nnd it was about flvo or ton

minutes from tho time when Brook struck him. When they found him dead the head of docensed was lying on somo hard stud' that had boen thrown out of a trench, a mixture of clay nnd earth. Thero Avas a large stump closo to where deceased was lying, and he was almost sidownys to if. Witness folt tho car ofdo« ceased nnd pinehod it pretty tight to aseortain if thero woro any signs of lifo, but there wero nono. • Chapman and witness camo back into tho hut where the prisonor was, and told him that Hall was dead. Prisonor said, "Lord, deliver my soul, I novel 1 thought I should kill a num." Thoy then eumo out to whore the body was lying, nnd carried deceased into the hut, and prisoner said ho would go and givo himself into the charge of the police. Witness and G'hapninn accompanied the prisoner to (he camp,, where ho gave himself up. When prisoner struck tho lust blow ho had nothing in his hand that witness saw. Witnoss believed that prisoner at tho timo wns rather tho worse for drink. Ey Mr South— Witnoss had boon two or

throo wooks Avilh prisoner at that timo. Prisonorwns a kind hearted man. Witnoss at tho timoMvhen deconsod euino homo was silling sidoways to Iho door, lie could geo the whole of tho prisoner's porson but not tho whole of .Bull's, and ho eould'not sco whothor the former struck deceased or not. Tho reason why witness looked after him was becnuso ho thought, Iho two woro fighting. When ho looked out they wero sidoways to him. Tho oross-oxiuuination wns continuod at homo length, but elicited no frosh fact. S.iniuol Henry Chapman was noxt oxamincd, but his evidence merely corroborated (hat of tho provious witness. Dr Ucrndt was next oxumined, and said that ho mado an inspection of tho body of Hall o\\ tho lllh, and found two punctures on tho right eheok bono, from which a few drops ot blood had flowed. J3osido this, a bruiso appeared on tho right oye. A post mortem examination was mado by tho direction of (ho coroner, and on cutting into (ho cranium the lolloAvmg nppi-arinieoß wore presented :-- Ihoro w^ hemorrhage in bet-weon \\\o mom-

brancs of (ho brain on bolh sides. 110 found congestion of tho brain particularly on l!io right side On tho vortex of tho brain, he-found v fatty humor embedded in the brain. Tho substanco of tho brain van softened, and tho lateral ventricles (illed with scrum. Thoro was nl«o disease of tho right lung, and this organ was unnblo to perform its functions. Ho was of opinion ! hat a fall on tho ground might causo lucniorrhago and consc |ucnt death. Ho meant hcninorrhngo on the brain. A blow received by deceased, his brain being in tho condition described, in tho witness's opinion, would not causo death, but tho fall might havo dono so. 110 meant to say that tho blow would not havo caused death unless it had been followed by a fall. As it was followed by a fall it may havo been the causo of death. Tn a healthy subject neither tho blow nor the fall would havo causod death.

]3y Mr. South— Tho fall Avas in fact tho causo of doath. If tho deceased had stumbled and fallen from any cause whatever tho sumo calamity might hnvo been produced. Tho tumour on tho brain pierced through tho gray coating matter, and pouotratcd into tho brain, j Tho tumour sprang from tho vortox of tho brain, ■which is tho most vital and most sensitivo part of that organ. With a person so suffering, with his bruin in such a state,' a shock or a slight blow might causo death. A sovcro shaking would havo tho samo ofTectl Tho bruiso on tho check bono was vory slight, and in witness' opinion might havo been caused by a full on gravel or oarth.

Mr.' South submitted that the indictment was not supported by evidence j in point of fiicfc that thoro was no ovidonco to go to tho jury Hint tho prisonor had struck tho blow, and that tho blow had caused tho doath.

His Honor ovormilod the point raised by Mp. South, and called xipon him to reply on the evidence.

Mr South then addressed tho Jury for tho defenco. Ho characterised the act of the prisoner as the slightest that could havo occurred occasioning the dcutli/of the deceased. He proceeded to show that the death of Ball lind not. been oc- > casioned through the violence used by tho accused, but through the diseased condition of the brain, by which oven a shaking would have occasioned death . no pointed out that malice had never oven been alleged, tuul paid v liigti tribute" to tlio fair manner in which tho prosecution ha(l been conducted. He concluded a forcible address, by expressing a confident hope that thoJury would, in such a case of death, acquit the prisoner. ' Hi.« Honor said that tho Jury must put oufc of their nrindsjall extraneous considerations. They had. merely to consider .vhcther tho prisoner without malicoprintcntion, by committingan unlawful act, occasioned the death of the deceased. Ho oxplained tho difference between murder and manslaughter at some length, and afterwards went carefully through the ovidoiioe. ' •

After a short consultation, tho Jury found tho prisoner guilty, with a strong recommendation to mercy.

His Honor, after some feeling remarks on tho position the prisoner had placed himself in, sentenced him to livo months' imprisonment in tho IToldtika (iiol. i

In reply to Ilia Honor, the Crown Prosecutor said that lie proposed to commence with tho cases of Honi«an and Tracey on Monday (to-day). Thero were eleven cases yet undisposed. nf. The Court then adjourned till 11 o'clock on Monday (this day).