RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 217, 30 May 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. PitzGerald, R.M.) Tuesday, 29tii May. Lunacy. — John Eaton, arrested on a warrant, charged with being of unsound mind, was remanded until the Ist June for medical examination. Drunk and Incapable.— John Thompson, William Thompson, and Robert Whorton were fined 5s each, or in default, 24. hours imprisonment with hard labor. Drunkenness an» Disorderly Conduct. -Frederick Olson, Richard Griffiths, Henry Clark, John Nelis, James Cowan, Edmund Draper, and Robert Wilson, were soverally fined 5a for being drunk, and 15s for disorderly conduct, or in default, 48 hours imprisonment with hard labor. 'A further charge of assaulting the police was made against Robert Wilson who was fined £1, or in default, vlB hours imprisonment with hard labor. LARCENY FROM A DWELLING. Thomas Clarke, charged with this offence, was brought up on remand from the 28th instant. Mr O'Loughlin appeared for the prisonor, and Mr Oakes to watch the case for Mrs Randall. Caroline Randall, being called and sworn, said, she was a widow residing in Revell street. On the night of Sunday, the 27th instant, she left her house between eight and nine o'olock. The back door was locked, and the front door fastened with a spring catch. The prosecutor Hamilton was getting into bed when witness left the house. She left nobody in the house but him, and did not return xmtil a quarter to eleven. On entering, she found the place occupied by a woman named Emma and a man named John Reid. She thon went into her bedroom, and found the place in great disorder. She awoke Hamilton, and asked him if he had missed anything. As she was entering her house on her return, she met the prisoner coming out of the right of way by the side of it. She had not authorised the prisoner to enter the house during her absence, nor was he a habitual frequenter of it ; in fact she knew nothing of him. Cross-examined by Mr O'Loughlin for the prisonor— The witness had seen tho prisoner in Bracken's Hotol on that night, but did not go in to drink with him. Emma Byrnes, being sworn, said that she resided with the last witness, in Revell-street. She returned to the house at about a quarter to eleven on the night of tho 27th, accompanied by John Reift. Finding tho front door fastened she went to the hack door, and knocked. The door was opened by a man who, to tho best of witness' belief, was the prisoner in the dock. Witness asked him who he was and what he wanted there— whore Mr Randall was and whether he was left in charge of the house ? Ho replied that Mrs Randall would be back in a few minutes, and that he was in charge of the house. Ho went out a few miuutes afterwards, but shortly returned, aud threatened to break tho door in unless admitted. Witness had never seen him before John Reid, being duly sworn, said that he was a miner, residing in Hokitika. That on the 27th inst. he went to Mrs Randall's house at about eleven o'clock, in company with Emma Byrnes. They entered by the back-door, which was opened by a man. The witness saw the door opened, but did not enter for a minute or two after, when he saw the prisoner sitting by the fire. Prisoner shortly after went out, and witness locked it after him. George Cooper, being sworn, said he was n sergeant of polico, stationed at

Hokitika. On the night of the 27th inst., he found a waiscoat in Revell-street, opposite Mrs Randall's house. It contained a one pound note, a rug, and a small bag. It was in the direction of the prisoner's houso from Mrs Randall's. The witness found the prisoner's cap, between Mrs Randall's house and the waiscoat. Ho went to the prisoner's house about one o'clock, but he was not there. He, however, found him at about two o'clock, Prisoner stated that the last house he was in Bennett's Golden Fleece Hotel, and denied having been at Mrs Randall's, but identified as his own the cap found by the witness. Gross-examined by Mr O'Loughlin, for the prisoner. — Witness picked the waistcoat up as he was returning from the prisoner's house the first time he had been there. Tho prisoner camo voluntary with the witness, and showed the way he had come in. When the witness arrested the prisoner* and took him to Mrs Randall's, John Reid was the only person who identified him. Mr O'Loughlin having addressed the Court on behalf of the prisoner, the charge was dismissed. CHARGE OP MANSLAUGHTER. Hugh W. Bracken was brought up on remand from yesterday, on the charge of manslaughter. John Acheson Carr being sworn, stated that he was a constable of police, stationed at Hokitika. On the morning of the 22nd instant was on duty in Revell street. About 3 o'clock on that morning was near the Queenstown Hotel, when he observed Purcell, Hourigan, and Connell. The deceased, Connell, was then lying on the ground with his head on the step of tho Christchurch Store. Purcell was assisting him to get up. Hourigan said that Connell had been shot by a man at the hotel opposite. No one was tiear the hotel at this time. Cornell's head was bleeding very much. Witness saw two large wounds on the top of Connell's head, While witness Was on his way to the cwatch-house, prisoner came of the Queenstown Hotel with a gun in his hand, which ho Bhouldered outside tho door, saying, " All cowards had better go the rear," He walked sevoral times up and down in front of the hotel in this manner. Witness saw prisoner put a cap on the gun, which snapped. He put on another, which also snapped. Ho then went inside the hotel. With tho assistance of Sergeant White, the deceased was then removed to the watch-house. During this time the deceased was quite insensible. Dr Acheson was called in, Witness then went, accompanied by Sergeant White, to prisoner's hotel. The door was opened by Mr Christopher Bracken. Witness entered by tho side door, and in doing so saw the witness Beattie, and the barman Freeman. Witness observed lying on a table in a small room entering off the passage, a pistol. He also saw on the bar counter a hammer-headed whip. Having taken the names of all the persons around the bar, which were Beattie, Freeman, and Christopher Bracken, witness left. Before doing so witness saw prisoner, who was in a very excited state, as if he had been drinking. Cross-examined by Mr Rees— Saw the men, Ilourigan, Purcell, and deceased, at an earlier portion of the evening, at the Mechanics' Arms Hotel. Lator, about one o'clock, saw Hourigan and Donovau at tho Otago Hotel. Wont into the Otago Hotel and removed them. At two o'clock saw Ilourigan, Donovan, and deceased at the Mechanics' Arms' Hotel, trying to force an entrance. Witness did not take them in charge, as ho was unable. Hourigan promised witness to take deceased home to Mrs Power's whero they were stopping. The men were very violent, and in witness' opinion they would have resisted. Would have taken them in charge if witness had had the assistance of another constable. In going to the Queenstown HoteJl, the men must have passed Mrs Power's. When prisoner was walking up and down in- front of the Queonstown Hotel witness heard him say, " it is a hard thin? that a man has to turn out at this time in the morning to protect his property," or words to that effect, Witness said Hourigan, Purcell, arid deceased were all drunk and violent, but Connell was the most dangerous of the lot. When witness went to the Queenstown Hotel with Sergeant White the door was barricaded. If Ilourigan swears that ho was not at tho Otago Hotel, doing damage, witness declared he would be swearing falsely. James Hickson, being sworn, stated— That ho was a sergeant of police, stationed at Hokitika. The witness, accompanied by Sergeants Dyer and White, went to the Queenstown Hotel, about two o'clock p.m. on the 22nd instant. He saw the prisoner and his brother there, and told the prisoner that he had a warrant for his, as well as his brother's arrcßt. The witness produced the warrant, and the prisoner read it, and remarked, " I don't deny it ; lam ready to go with you ;'' and, turning to his brother, said, " Wo are both under arrest." The. prisoner also, stated, " that a lot of follows had broken«iuto his house, and was he to allow himself to be murdered and his property destroyed,' 1 " that ho had (.acted in self-defence, and was sorry he did not shoot a couple of them." The witness then, accompanied by the prisoner, went into his bedroom, , where they found the barrels and stock of a gun. They wore separate. The prisoner said that he had broken the gun, and that it was loaded with grape shot. Behind the bar, and under the counter, witness found a whip, and on examining it saw what he believed to be a stain like blood on tho head of the whip. The blood appeared fresh at the time The whip was a cane one, and had a hammer for a handle. When witness and the prisoner went into the bedroom the prisoner took up a cane sword and remarked, on doing so, that it was well for them that he did not use it that night. He then requested the waiter to look after the houso, as ho was sure they would come again that night, for " they wore a lot of Fenians." The prisoner and his brother were then removed to the watch-house On the following morning the witness had both the charges drawn from the gun. Tho right hand barrel contained powder and paper wadding, atfd the left, powder, paper wadding, and two bullets. The gun appeared to have been loaded for some time. The powder was damp. Cross-examined by Mr Rees — The prisoner did not, to my recollection, say that he did not know tho men. Witness could not say that the stain on tho hammer of the whip was blood, Richard Dyer being sworn, said— He was a sergeant of police. On tho 22nd 1 1 instant ho went to tho Queonstown Hotel J in company with Sergeants Hickson and 111 1

White. The prisoner and his brother were both there. Sergeant Hickson went into a private room with the prisoner. Witness went into tho billiard-room with prisoner's brother. In a few minutes priaonev's brother left, and Nvent into the same room his brother was in. . Sergeant Hickson and prisoner came out and went into the bar, The sergeant and prisoner's brother joined them. He then took prisoner's brother to the watch-house. Sergeant Hickson took the prisoner. They arrived at the watch-house about the same time. Prisoner said when there, "ho did not deny having done it. ( This was when the gaoler read the Warrant. Prisoner said they had rushed into his house, and ho did it in self defence.'* Cross-examined by Mr Rees. — Sergeant Hickson was not present when this statement was made. John Rutherford Ryley being stfotn, stated he was a legally qualified medical practitioner, and Surgeon Superintendent of the Hokitika Hospital. About twelve 1 o'clock on tho 22nd instant went to the Police Camp, and saw deceased. Witness found him insensible. Found two wounds on the head of deceased, and saw blood on . the stretcher on which ne was lying. Witness did not examine him closely, as he did not expect the man to recover. Ordered hini to be taken to the" Hospital, which Was done, witness accompanying him. Deceased was insensible all the time. Attended deceased up till his death, which took place at half^past one o'clock on 23rd inst. There was a post mortem examination held on the 24th by witness, assisted by Dr Pelley, and Dr Dermott, who attended on behalf of the prisoner. The cause of death was compression of the brain, from effusion of blood from a lacerated wound on the substance of the right hemisphere of the brain, which rupture penetrated the lateral ventrical of trie brain, which was filled with clotted blood, and likewise rupture of the vessels external to the membrane's of tho brain. The first wotinds observed by witness were those on the scalp, three in number, situate on the parietal region of the scalp, or midway between the forehead and the back of tho head. Tho largest wound was on the right side, and two and three-quarters of an inch in length, and in an oblique direction backwards from the forehead. Tin's wound partially"Beparated tho scalp. The edges of the wound were evenly divided ln> - mediately in front of the" last-mentioned wound was another, T shaped, three-quar-ters of an inch in length, and penetrating to the cranium. On the left side of the head was a third wound, running obliquely, and only partially dividing the scalp, one and an eighth of an inch in length. No discoloration, but a slight swelling, was apparent around the wounds. When dissecting deceased, and on removing the scalp, witness found poagulated blood between it and the sknll, corresponding with the wounds described. There was a contusion the size of a crown piece on the under surface of the scalp, in the temporal region of the right side. On removing the upper portion of the skull, there was found an effusion of blood, partially fluid—partially clotted, over the right lateral portion of the hemisphere of the brain. The membranes of the brain were then removed, and a clot of blood was exposed almost completely covering the right hemisphere of the brain. On removing the brain itself, a quantity of fluid blood was found effused at the base of the skull. Tho membranes and surface of the brain were much congested and stained with blood. Witness there found the wound first described ; it was sufficiently large to admit two fingers. All the other vital organs were found healthy with the exception of the lungs, kidneys, and stomach, which were slightly congested. In the opinion of witness, the ttie wounds described would be inflicted by a blunt instrument ; a blow from a gun would inflict such wounds. Cross-examined by Mr Rees.— -Witness cannot expreas an opinion as to whether the wounds were inflicted by a gun. Th rupture of the wound was not to be attri buted to one wound more than another A person falling against a blunt instrumen. might cause one of the wounds — but nott more than one. The smaller wound might be caused by two men carrying the body, and allowing it to fall. Witness was not prepared to say that any one of the three wounds outside the scalp caused the rupture of the brain. It is quite possible that the brain was ruptured inside from a blow leaving no wound on the outside of the skull. The skull has been fractured by wounds which had not broken the skin. If deceased was thrown violently against the curb-stone, it might have produced the lesion of the brain described by the witness, but an ordinary fall would not do it. Witness did not consider that arfy fatal harm could arise from the deceased being taken over to the hospital in a boat. The symptoms were so urgent when first he saw him, that he had no hopes of his recovery. Witness considered that sufficient blood was effused to cause death ; and that nothing could save him. Witness was not of opinion that any operation could havo saved the deceased's life; because, to afford any relief, one side of the skull would be required to be removed, either at one operation or successively, because the clotted blood, which chiefly causes the compression, almost entirely covered one hemisphere of the brain, because another portion was in the substance of the brain itself, and could not be removed without total destruction of fully one -fourth of the brain ; the consequence of which would be death, or, failing that, an effusion of blood larger than that removed. Even after removing the half of the skull, the clotted blood would not come into view in consequence of its being covered by the membranes of the brain ; and for aught the operator knew, the effusion causing compression of the brain might have been on the opposite side of the head, which would necessitate the removal of the remainder of the skull. The effusion found at the base could not be removed unless by removing the brain altogether. In answer to a question put by the Bench, the witness stated that he had no doubt whatever that the death of the deceased resulted from the blows that inflicted the wounds. This concluded the case for the prosecution. The Court then adjourned until eleven o'clock this day.

In a speech delivered tho other evening, Dr. Gutlirie said that, in walking the streets of Edinburgh, he saw more drunken people in a day than he had seen in Italy in seven weeks. It is a curious astronomical fact that, whilst thore was no full moon this year in the month of February, both January and March each have two ; January on the Ist and 30th, and March on the Ist and 31st,