DISTRICT COURT, WESTPORT.

Westport Times, Volume VI, Issue 1016, 25 October 1872, Page 2

DISTRICT COURT, WESTPORT.

TUUKSDAY, OCTOBKB 21. (Before his Honor Judge Harvey.) The sitting of the Court commenced this morning. CRIMINAL BUSINESS. John Williams was charged with an aggravated assault aud misdemeanour on Daniel Quadri. The accused pleaded not guilty. The following jury was empannelled : —James Morgan, Alex. Hamilton, James M'Gavin, George M'Phinn, James Murdoch, W. J. Patterson, P. O'Tool, A. Home, W. Riding] George Weston, B. Oxener. and George Jarvis, Foreman. Mr Shapter appeared on behalf of the accused. The Crown Prosecutor, Mr J. B. Fisher, stated the indictment as laid against the prisoner, and the facts of the case as follows :—The complainant Daniel Quadri suspecting the infidelity of the wife had, with another party, watched the house wherein his wife lived, a canvas-covered place near his own dwelling, and obtained proof that she and the prisoner were there in bed together. On challenging them to come out, his wife had begged for time to dress herself, and immediately thereafter a shot was fired through the door, and the contents of the weapon passed within a short distance of complainants person. Of this offence and a subsequent attack on Quadri the prisoner was charged. Daniel Quadri, of Black's Point, deposed that on Friday, the 13th September, he went, between the hours of 11 o'clock and 12 at night, with his brother-in-law, to watch a little cottage where Mrs Quadri stayed, near his own house. They watched there for a couple at hours, and when they saw that the light in the house was extinguished they crept up and listened at the weather-boarded walls of the

house. At that time prisoner and Mrs Quadri were inside, and no one else was there. Heard noises as if

prisoner and Mrs Quadri were going to bed together. Witness then knocked at the back door, and his companion, G-ologly, knocked at the front door, but previously stumbled and made a little noise, and he and witness retreated for about ten minute;', and saw prisoner come to the back door iu his shirt and look about him. Afterwards when they knocked at the doors witness said "Open the door,'" and heard a noise within that seemed like the click of a gun. He then knocked again a little harder with a bit of rotten stick, shaking the door with his hand, whereupon some one inside fired through the door, and the charge passed c'ose to his side, and a worsted jacket he wore was a little singed. When he knocked Mrs Quadri said they wanted time to dress themselves. (The board produced, perforated with a buliet hole had been cut from the door through which the charge was fired.) After the shot was fired, witness and (xologly pushed the door open and witness chased Mrs Quadri out; Gologly also dragging prisoner out. Witness struggled with Mrs Quadri outside, and afterwards helped to beat Williams.

By Mr Shapter: Had been living away from Mrs Quadri about five weeks, did not choose to live longer with her because she was a bad woman. Mad previously gone to Hokitika, leaving Mrs Quadri in the hotel, and was then on good terms with her. On returning she was still living in the hotel, but sat up- every night by the fire with John Williams. Witness was is the place all the time, but could not prevent Ibis. At the end of one week witness sold the place to pay his debts ; but did not get another house for his wife to live in. She lived with Mrs Castilanni. Cautioned prisoner not to carry on with his wife there in the presence of her husband and brother, but if he liked her to take her away altogether. Had watched Williams all the evening; on the 13th. The rotten stick witness picked up was about two feet long, and an inch through. Never saw any stick in Gobirhy't? hands during the whole affair. His stick broke the first blow he made with it, he aimed atMrs Quadri. but hethoughthestruckGologly. When the witness went to the door accused ordered him away saying he had no business there. The shot was fired a minute or two after witness first pusiied.the door, which seemed to be bolted ou the inside. He and Grolog'ly then pushed the door in. When they were in it was quite dark, and there was a scuffle. Witness took the board, through which the shot was fired, to Eeet'ton. It had previously been knocked out of the door, and laid against the wall of the hnfc, but witness could not tell who did it.

By Court.- Can swear positively that the board taken to Keefton, formed one of the four panels of the door of the hut.

By Mr Shapfer: •On asking' the prisoner to open the door witness used some strong language, as he was excited.

The Court thought under the circumstances strong language might be excusable. By Court: The bullet hole in the door was about two feet six from the ground. Patrick Gologly, brother of Mrs Quadri, deposed that on the night of the 13th he went with Quadri to the hut where Mrs Quadri lived at Black's Point. Stopped in the bush about five or ten yards from the but watching. Knew Mrs Quadri and prisoner were then in the hut. At last, when the light was put out, crept up to the hut and listened. Heard the voices within of prisoner and Mrs Quadri. Witness made a slight noise, by treading on a root, and retreated. Then saw Williams come to the back door in his shirt and look out. Afterwards crept up and listened again for a quarter of an hour. Then wont to Quadri who was lying in ambush, and they hoth went to the hut. Witness rapped at the front door, aud Mrs Quadri called out " Who's there," and asked what he wanted. Witness said he wanted to come in, she then said "don't break the door in," and asked for time to dress. Can't say whether she used the words "herself" or " themselves." The door was not opened, and witness then went round to the back, telling Quadri to open the door, and then went to watch the front door again. When about half way heard a gun fired, and Quadri called out that he was shot. Witness ran back and saw one of the panels or upright boards of the door knocked out, and inside Williams standing with the gun to hi 3 shoulder—Williams was then dressed. Witness, with Quadri, burst in, and prisoner ran to too front door. Witness got a knock on the head from Williams, and also from Mrs Quadri. Witness got prisoner outside and beat him; Mrs Quadri following and beating witness wite a tomahawk, cutting him iu several places on the dead.

By Mr Shapter: Carried no stick ; think Quadri picked up a small branch neir the house. It broke ns he struck Williams on the leg. 'Witness then held Williams oa the ground, and Quadri struck them both. When witness first saw Williams with the gun, he had it at the present towards the door, and Quadri was outside. As soon as Willams saw witness getting inside he dropped the gun and opened the front door. Did nob see the gun outs'de the hut. There was no light in the hut; but through the calico roof sufficient light came to allow witness to discern the gun. The only partition in the house was a large screen.

By Court: Never saw the gun afterwards, but knew that prisoner had owned one for some years past. For the defence, Mr Shapter, called Annie Quadri who deposed that for some time past, previous to the 13rh September, she had been living in the hut belonging to Williams, Quadri having sold his hotel, and turned her out, telling her she was not his wife and had no business there. On the night in question was in the hut but had not gone to bed, neither had Williams. Two rooms were in the hut. Witness usually slept in the bedroom and Williams on the sola in the frontroom. Heard footsteps outside during the e/ening, but heard no voices until twenty minutes to twelve, did not exactly know but fancied who they were. Her brother and Quadri knocked at the door and her brother threatened, with an oath, to smash the front door in. Witness told him she was in bed but merely to try and gee him away. Heard Quadri say at the hack door, "I'll take your life this night Williams if you don't come out of that." There were chinks in the back door a quarter of an inch wide, and looking through, witness saw Quadri outside striking at the door with an axe. It was a bright moonlight night. There was such cursing and swearing outside that witness told Witness to fire a shot up the chimney and frighten the men away. He picked up the revolver produced, off the table, and fired through the calico ceiling, the marks are still in the ceiling. On the following morning at seven o'clock, she saw the boards of the door and there was not at that time any ballet hole through them ; three boards had merely been knocked off the door with an axe. After the shot was fired the door was burst-open. G-ologhlyand Quadri rushed in, Gologhly attacking Williams, and Quadri smashing things in the house with the axe. Witness was standing between Williams and the door which was burst open. Williams never had a gun in the hut. Quadri tried to smash her but witness ran away ; Quadri then helped G-ologly to beat Williams. Witness screamed and men came up; amongst them liobert Nidd.

By Mr Fisher: Was married to Quadri at the Dunstarj, ten years from the Ist July last, by Father Martin, have lived with Quadri ever since, up to within sixteen weeks ago. Quadri has several times said they were nor, married ; and the priest at the time of the marriage said he was not then legally authorised to marry them but he did so, Quadri gave hirn £G. There was no registry office at the Dunstan then, and Father' Martin said they would have to be married over again. When Quadri went to Hokitika, witness did not know the purpose of his journey. He left witness in charge of the Hotel at Black's Point. Will swear that Williams never sleptin the hotel during Qnadri's absence. Don't remember letting him in after the house was closed. He lived at Eamsay's store

but slept in his own hut next the hotol ; not the cottage where the a (lair took place. She never lot liiin into the hotel with his hoots in bis hand, hut he has, to Quadri'sown knowledge, been there all night drinking. Sometimes for sis weeks at a time. Quadri always told her to get all the money die could out Williams, and she did it, often taking him a cup of tea on the morning to keep him going. Quadri never seemed iealous or complained about her carrying on with Williams until he came back from Hokitika. Witness told him then that if ho choosed to believe anything wrong of her he might do so, "Itwas true." Said so to annoy him Quadri never called her into a room and charged her in presence of her brother witii infidelity with Williams. Af'er Quadri had sold the place he went to live in a billiard-room, and told her he did not care where she lived. Had afterwards on one night when Quadri had driven her out slept in Mrs liurst's place, and had then lived in Williams' cottage for threo weeks or a month. Never slept with Williams at all • neither then or at any other time. No improper familiarity has never existed between them. The boards of the door were driven in by the blow of the axe, and fell inside, but the cross bars inside were not broken. Witness wa3 standing close to the door inside, but the boards falling in did not touch her.

Robert Nidd, miner of Black's Point, deposed to having heard shrieks of murder on the night of the 13th September, and hearing that got up from bed and ran towards Williams' hut, when he saw Golosdy holding Williams, and Quadri beating him with a stick. There was blood on Williams' face and breast, and he was disfigured with bruises. Witness took him away and Quadri folio-wed, still attacking Williams. Witness afterwards saw a man named Stevenson pick up tho pistol now produced, in part of Williams' hut. By Mr Fisher—The sound of voices woke him. He thought he heard a shot also. Did not see Mrs Quadri there. Saw that both doors of the hut were open. Some of the pieces were broken off the back door, but the cross-pieces were standing. Took the pistol home and examined it but could not say if it had been fired off.

By Court- -Have taken no caps off the pistol. Led the prisoner away to Ramsay's store where he, witness, had been sleeping casually. Constable Jeffries gave evidence as to Quadri having stated to him on several occasions that he was not legally married- On the morning of the disturbance about 6 a.m. Quadri reported to the police at Reefton that he had been shot at by prisoner, with a revolver or pistol. Williams because he gave him quite a different version of the affair from that told by Quadri. Williams admitted that he had fired the pistol, and witness accompanied him i>> Reefton to lay an information agamst Quadri. Had never gone to the hut to look at the door or roof, and did not know how the bullet hole came through the piece of board produced in court. Mr Shapter having addressed the jury at considerable length, the Grown Prosecutor replied, and the Court reviewed the evidence, directing the jury upon the legal points raised by prisoners Counsel. The jury retired, and after a consultation of a few miuutes, returned a verdict of " Not Guilty." Regina v. Featherston.—ln this case_ the accused was brought up to receive sentence.

The Court taking into consideration that the assault of which accused stood convicted was committed under great provocation, and that she had already received two months imprisonment, inflicted a nominal sentence only, of imprisonment until the rising of the Court.

The Court was then adjourned until 10 a.m. this morning.