SUPREME COURT.

Waikato Times, Volume I, Issue 63, 24 September 1872, Page 2

SUPREME COURT.

(From the Wanganui Hkbalp.) (Before His Honor Mr Justice Dillon Boll.)" Trial of Fox, Vogkl. & Co.—C'ONViqrtON of vstß Cttl MINALS. -SkN'I'KNCE ok Deatu P.&skd. ~lAst J)VING SI'KECH AND CONFESSION.—TUH EXECUTION.— -Full Particulars. \Vn.UA>f (alias Brother) Fox, Julius Vogolj (alias the Artful Dodger)", William Gisborne (alia* Gissy), Donald Mi-Loan (alias the Mystery Man, alias tho Great Medicine Man. alias Flour and Sugar,) William Beeves (alias Xing Billy), and others, wore brought up at tlie Supreme Court, Parliament 1 louse, and indicted with having, between tlie period oi' July, 1870, and June 15th, 1872, unlawfully, knowingly, wilfully, and with malice aforethought, conspired together* with intent to kill and murder one .lames Grashon "(alias Jimmy Gralion, alius Immigration), and one Publieus AVurkius, a foreigner (alias Public Works), against the peace of our Sovereign Lady the Queen, and contrary to the statute in such cases madeand provided. Mr William Stafford, Q,C, with him Mr William Fitzherbert, QC, H. Bunny, QC, and other eminent counsel, appeared for the prosecution. Mr Maeandrew, Q.C., with him Mr Carringlon, C.C., Mr Luckie, A.S.S., and Mr Harrison, T.O.A,D. Y, itc, and others, appeared for the defence. The trial was the most extraordinary one of modern times, the prisoners having for a number of years held positions of trust and responsibility. Immediately on. the opening of the Court the space allotted (o the' public was eagerly rushed, and the most intense interest was manifested in the proceedings. The trial lasted several days and a great mass of evidence was adduced on cither side. Pressure- on our space obliges us to confine ouv report to a mere resume. The prisoners on being placed in the dock looked haggard and guilt-stricken. William Fox had, in former times, practised as a lawyer, and had been very successful. Ho was engaged during the trial in. making suggestions to the prisoners' counsel. The defence was, however, understood to be almost wholly conducted by the Artful Dodger, who had been tlio ringleader amongst the gang, and who was noted for his extraordinary cunning and daring, Prisoners also employed a person named McGlashan (who was known to be an accomplice, but. against whom no evidence could be adduced) to hunt up witnesses on. their behalf. On the indictment being read over the prisoners pleaded lvot guilty, but alleged extenuating circumstances amounting to justification. His Honor Mr Justice Bell said that was tantamount to a plea of not guilty; the trial must therefore proceed. Mr William Stafford, Q.C., opened the case for the prosecution. He said h; would not trouble the jury with any lengthy remarks upon the evidence that would be adduced against the miserable set of wretches in.the dock. He regretted very much thej>ainful duty that had devolved upon him especially as he had known the prisoners when they led respectable lives. He had once respected the prisoner Fox very much, but he was sorry to say that the prisonerwas now only a mere memory of himself. He would; call witnesses :vho would prove beyond a doubt that the the prisoners had in the most rulfianly manner,, attempted to strangle Jimmy Grashon and the foreigner Publieus Wurkius, who was only a recent arrival in the colony. He asked the jury to look at the manglod and emaciated forms of those two unfortunate victims of the prisoners barbarous treatment.. James Grashon, who had been accommodated with a chair and who was in a very weak condition, appealed with a bandage round his head; Publieus Wurkius was so thin and emaciated as to be a mere skeleton. In fact he seemed to have never had an ounce of flesh upon his bones.. Mr Stafford called—Donald Rcid, who deposed that he was Provincial Treasurer in Otago and knew the prisoners. He had formerly taken some sharewith others in maintaining Jimmy Grashon in respectable circumstances, but since he had fallen intothe hands of prisoners, they had beaten and starved, him in the cruplest manner. On several occasions they had nearly strangled him. They had also nearly starved Publieus Wurkius, notwithstanding that they hud promised to fatten him up with every luxury. Prisoners had received over a million of money forthe maintenance of their unfortunate victims, but had squandered the money by going on pleasure trips, and spending it amongst an organized gang of accomplices who called themselves "Civil Servants." Henry Bunny, sworn, deposed that he was Provincial Secretary of Wellington. Knew prisoners well. Had formerly worked for them. Never liked them. Always knew them to be extravagant and unprincipled (witness corroborated the evidence of the witness Ileid.) Had seen at one time 600 letters lying at prisoners' house on the subject of the money entrusted to prisoners' for the maintenance of Jimmy Grashon and Publieus Wurkius. Prisoners' had not answered those letters. Thomas Bannatyiie Gillies, sworn, deposed that hehad seen prisoners' shamefully illtreat Jimmy Grashon and Publieus Wurkius in Auckland. They had also endeavoured to strangle several other persons to wit, Messrs Auckland, O'Tago, Nelson, Cantab Bury, and others. Prisoners did not attack them openly., but endeavoured by guile and fraud to murder them and' to rifle their pockets. The attempt had' beenstoutly resisted and prisoners had only succeeded in abstracting a few pounds from the pockets of. their - intended victims under cover of a mutual investment. Reader Wood, deposed' ihat prisoners had made a number of professions of honesty and good behaviour,. all of which they had scandalously broken.. Suspected that all along their treatment of Jimmy Grashon and Publieus Wurkius would be what it had turned out to he. Had said so at the very outset. Had seen, the prisoner Artful Dodger conspiring with one William Webb to impose a number of rotten old steamers upon a large landed proprietor named NoodleZealand. They had. partly succeeded. The Artful Dodger had. also deceived one Gavan Duffer into a contract, by which a respectable woman named Victoria, named after her Majesty, would have been defrauded, but she had discovered the plot and had defeated it. William Webb was now beyond the Colony. Prisoners had also conspired with one Jimmy Blogden to whom they had promised enormous sums for the pretended maintenance of Publieus Wurkius, but up to the present this Blogden had not done anything for the-money. They had also-promised to pay this Blogden ten per cent on tho value of certain provisions which it was pretended he was to purchase in England for Publieus Wurkius —in fact the circumstances were of the mo3t suspicious character. William Fitzherbert, deposed that he had known the prisoners for years. Some of them formerly led respectable lives, but they had recently become depraved and wicked. Had searched prisoners and, found that they had not only wasted the million entrusted to them for the maintenence of Jimmy Grashon and Publieus Wurkius, besides their own income, but were actually £34,000 in debt. [The evidence of this witness was of the most damaging character, and prisoners' appeared completely confounded by the mass of evidence adduced against them.]' '.-'■'■...: Several other witnesses were called for the prosecution, and corroborated the previous evidenceMr Stafford said he had.no desire, to press th*

ohnrge against the prisoner McLean, who he believed i». J no share in the crimen of bin ueeomplieeH beyond mpiundering a largo proportion of the money amongst n. lazy idhi family named Maori*, or Mowries. [Tl e primmer Fox here Haid tlwit McLean was as guilty us he. | l'ri"Ofier McLean admitted this, and said he would stand the consequences. This closed f!ie case for the promotion. Prisoner Fox in defence made a rambling statement in which he accused I lie counsel, Mr. Hlufford, of having biiriHelf been tried, and convicted of various olfeni'CH, particularly against the Mowries family, whom he had attacked in the mwl savage and brutal manner, wanting large sums belonging to Mr Noodle Zealand in doing so. lie also begged' to be allowed time to repent and reform, and promised to behave better in future if let oil' this time, lie admitted his crimes, but [deaded in extenuation his former rcMpectability and his extreme age. Prisoner McLean roXcrvnd to his judicious management of tin; Mowries family, who had formerly been rcry troublesome He said if his accomplices wen; executed, he would go with them to the scail'old. Prisoner William Reeves (alias ■' King Hilly") made a long rambling statement to the effect that Publicus VVurkius had been properly looked after. .Jimmy Grashon had been starved owing to the negligence of a servant name I Featlierslone, who had been engaged to look after him. Prisoner stammered and blundered very frequently, and once or twice almost broke down. The Artful f)odger made a very ingenious defence, and read a long balance sheet in order to prove that the money had been properly expended. It wtus evident thai, the Lodger was an old offender, for he displayed extraordinary cunning in manipulating figures. i'risoner Ormond read a long statement to shew that Wurkius bad been properly maintained. Prisoners then culled a number of witnesses to character, named Bathgate, Stewart, Reynolds, Tribe, and others. They also put their counsel, Messrs Luckie, A.S.S., and Harrison, T.0.A.D.Y., in the witness box. These witnesses wore a most dissipated and prolligate appearance, and were evidently ucroTiipliees of prisoners. They appeared prepared to swear anything in order to save the prisoners from being convicted The witness Bathgate being cross-examined, said, he had "got all he wanted" from prisoners. Witness Luckie admitted having received over ,C 100. The other witnesses made equally damaging admissions. A. witness named Jackson created eoiisideru 1 1 • amusement by asking the Court to let, prisoners of on account of the prosperous and healthy appearance of .liniinv Grashon and Publieiis Wurkius. Mr Stull'ord addressed the jury at great length on the. evidence adduced. 11 is Honor summed up. The jury, iil'lera few minutes deliberation, returned a verdict of " (luilly." His Honor, amid profound silence, assumed the black, cap, and pronounced the dread sentence of the law. 'IMIK KXI'XTTroy. .Since the passing of sentence of death, prisoners have been visited by a large number of friends, but a great many of those who formerly upheld them in their evil courses were now strongest in condemning |'i,.;n. Prisoners had also been visited by several Ministers of religion, and appeared resigned to their fitc. William alias Brother Fox was very devout, and piously exhorted his fellow prisoners t) practice habits of 'temperance. ITo win visited hv several deputations of sympathetic hVchabites. We will pa.t-» over the details of the execution. Brother Fox, i i mourning the seallold. appeared very penitent, aid huuiblv'adniilled fnufhe hud been a great sinner, b it. hoped to lind grace in the next political world. He eoneluded hv repeating a number of teetotal moMos. The Art'ful Dodger died game, but appeared iinu-uiallv ileal' when the burial service was being v-i 1 . Kin < Hilly died with a scow 1 ,, and McLean said Ids ghost would haunt the Native Olllce. Gassy said he was prepared, to die as he knew that a. snug place was prepared for him. Ormond said the same. T'ic unfortunate condemned appeared much agitated when Ih'.'v noticed their former accomplices, Luckie. Harrison," Bathgate, and others, standing amongst their a'viwers and looking on with stolid indilferenee. MrG. Hunter and come others bid them farewell with many tears. The prisoners listened with much at'cut ion'to the exhortations of their spiritual advisers, the R.n-s Bluett and MeGillevry and appeared much comforted. The executioner adjusted the black can, and in a few seconds the prisoners had paid the dread penalty of the law, and had expiated their <rames. The bodies were subsequently cut down an 1 interred in uueonseerated ground. A few minutes after the burial a vast horde of woe-begone officials, just, in receipt of their comjt, might havs been seen "weeping over the graves of the criminals.