POLICE COURT TE AWAMUTU.

Waikato Times, Volume XXX, Issue 2451, 27 March 1888, Page 2

POLICE COURT TE AWAMUTU.

« Saturday—(Before Messrs Mandeiio and Taylor, J. P.'a.) Shooting with Intent. John Lanikks on remand surrendered to his bail to answer the charge of shooting at Edward Alfred Howell with intent to do bodily harm. The police prosecuted. E<l ward Alfred Howell, labourer, deposed to being at prisoner's place ou Tuesday 20th insr. Hearing prisoner's dog howl he went there, saw accused beating the dog, accused said he beat the dog for killing all bis chickens. Accused said he was having a bit of a drunk in honour of St. Patrick. Witness said, " bother St. Patrick, you should uot be getting drunk John. ,, Accused said, " what, you b l> , do you say St. Patrick isn't a gentleman. You b b I'll shoot yon." Witness thought accused was only larking when he ran into the house. When he saw accused come out of the house with the gun witness ran out the gate and across the road into the paddock opposite. Accused then fired, the shot hitting witness in the leg and some striking his coat. Witness fell on his knees. Was about fifty yards from accuser! when he was fired at. Witness was about five or six chains from home then. Accused j was the worse of liquor at the time. Took five or six pellets from his leg.-'. Kept two of them, remainder were left on the floor. Gave the shot he kept to Constable Jones. Six shots altogether took offset in his legs, four or five in the right and the rest in the left leg, another struck him on one hand between the thumb and finger. Witness here said that six shots altogether took effect in his less and hand. By the Court: Was in accused's place because he heard the dog howl. Was often there. Was on the best of terms with accused. Always had been. Was never warned off the place by him. By the accused : Neither lie nor John Doyle let the dog loose to kill the chickens. Never had your keys nor anything else belonging to you. Was not inside your house. It is not true that I told you I did not know anything about your keys. You did not ask me what, I took out of your box or place. Did not tell you anything about them. Did not say they were in the box or on the table. You did not take the gun, and tell me to leave anything behind. Did not run out of the house you lived in. Was not in it. John Doyle was not in the house. Doyle had his coat on. He was not in the house at all with me. Did not say to me " Now is your chance." Did not know he was there till I fell, and he said, "Ted, are you hurt?" You let me go about 50 yards from the gate, and then you fired at me. You did not demand any keys from me. Do not know how you knew that a girth and spurs were gone out of your box, and a box of caps upset. Was no further than inside the gate. You never cautioned me to leave the place. Did not tell my mother three days previously to keep you away. Did not knock over two hens with a stick. Do not know whether my mother told you to keep me away. Had my coat on at the time. Did not put my coat on to take any things from your box. Always wore my coat. Did not hear John Doyle speak to you in the house. Did not see him at all, for he was not there. John Doyle, labourer, deposed that he remembered Tuesday, the 20th inat. Saw accused on that day. Saw him in the morning and evening at his own place. Was about two chains distant from his entrance gate. Saw Howell running across the road, laughing. lie got through the barb wire fence. Was laughing heartily fill the time. Saw accused come out a yard or two from his gate with gun in his hand. He fired in the direction of Howell, and after he fired he said, " Take that, you English bastard, you say that St. Patrick ain't a gentleman." Howell then stumbled on one or both knees. Sang out to Howell, " Are you hurt, Howell ?" Did not answer. When near his house Howell pulled up his trousers and had a look at his leg. Howell then went home. Landers was then near his gate. Said to him, " John, what did he do !" Landers suiil "He was running us Roman Catholics down." Witness said that has got nothing to do with it, John, if you have hurt him. He said, "I don't care if I shot the dead." He said, "that is what I ought to have done

to Billy Corboy when he burned my house down, and poisoned my dogs." He said Billy or Jimmy Corboy, was not clear which. He said Ho well was running St. Patrick down and called him some names, but accused was so drunk that witness could not quite understand him. He said his uncle once shot a man in Ireland for insulting St. Patrick, fie said he would shoot any man who would run down St. Patrick, or the Catholic creed, and that it was a''ntholic's duty to do so. He then went in and loaded the gun. Howell was about 50 yards off when he was fired at. Accused was mad drunk at the time, and did not know what he was doing. He did not seem to know how to load the gun. Witness then cleared out. Witness corroborated HowelPs statement regarding the shots that took effect. j By accused : Was not in your house that day laying on the bunk. Had my ' coat on. Did not hear you ask Howell ' for your keys. Dia not hear the don howl. Did not see Howell pass you at a quick pace coming out of your house. Saw him running out of your gate. Was not on your premises that day, was on the road. By the Court: Accused took aim at Howell when he fired at him. He did allow Howell a yard to get away. He could not spare him any. Did not hear Landers warn Howell off his place. They were the best of friends, and that day had been racing up the street for drinks. They had things in common, and borrowed horses from each other. Was not in the habit of going to Lander's to tease him. Sometimes went there in a friendly way. Went out hunting sometimes with him. Never saw him excited except when drunk. Did not think he would be excited over S. Patrick or the Catholic religion except when drunk. Had heard he was dangerous when in drink, but he never did any harm to witness. If he had been closer to Howell he would have shot him dead. Constable Jones deposed to arresting accused on Tuesday evening, the 20th inst., on this charge. He admitted having fired at Howell, but he had done so to frighten him away from the place, as he had been annoying; him. He said he let him get a good distance away before he fired at him. Witness then gave evidence as to finding the gun and measuring the distance pointed out to him at which Howell was fired at. Accused made a rambling sort of statement to witness about Howell taking home things from accused's box for which he lired at him. Accused said he let Howell get a good distance off so as not to do him bodily harm. He also said Howell and Doyle had annoyed him and attacked him on two or three occasions, they threw dust in his eyes, and one struck him with a rail, Doyle telling Howell to knock him down and kick him. Accused said he had spoken to Constable Ryan before about the loss of things, and that their mothers had begged them off. He said that on Tuesday between 5 and 6 o'clock, Doyle and Howell entered his yard. He did not see them coming in, as he was engaged at the fire at the time. One of the dogs was let loose in the yard, and killed some young fowls. Doyle then called accused out. He went out to beat the dog. He saw Howell running into the house. Doyle followed at a quick pace. 'flit keys of his box were in the lock. As he was tieing up the dog he heard the voice of John Doyle inside. He knew the voice well. He sang out to Howell in a quick tone of voice, " Go on now yen b hound, now is your chance " As he oterheard the words, ho ran and left the >!og to see if they were robbing his house or box. Doyle was lying on a sofa in the kitchen without hia coat, when accused entered the house. When he was within about four yards of the house he heard Doyle's voice again, saying, " Look out, I hear him coming." walked at a quick pace to the door to catch the thieves. Howell passed him at a quick pace, and turned to his right into another house. Howell came back again and sat down on a cliair. Doyle was still on tins sofa. Sat down and spoke coolly to Howell, and asked what he had done with the keys. He said ho did not know where they were. Accused said, " One or other of you must know, for they were in the lock of the box when I went out." Told Doyle ho was urging that boy up to to do him (accused) an injury. Told him what he had repeated to the boy—that now was his chance. He said it was a b lie, and jumped to his feet. Accused then got frightened that they might attack him or keep his keys to rob him at another time. The gun was handy at the end of the room and he went to get it for protection and to demand the keys from Howell. He was afraid he would be injured by them. He took the gun and striking the butt on the ground "said let me have my keys Ted Howell, you know where they are,' , Howell said he had not the keys, but that they were on the table in another room adjoining. Went out and brought them in. Told Howell he took them. Before he opened the box he asked Howell what he took out of it He said he took nothing but that he saw a Maori with a girth and spur with Lenders initials on them, said he met the Maori on the road as he was coming up. Both laughed at him. Felt still in danger, opened the box and missed a new girth and spur and found a box of caps upset. Howell then ran out of house, across the road into a paddock. While opening the box he watched Doyle for fear of being attacked. Went out after Howell with the gun. Let him get off what he thought was 70 or SO yards so that he would do him no bodily harm and fired not directly at him, but in a slanting so as not to injure him. Had to do something of this sort to keep them away as they had attacked him. Ordered Doyle out who said when outside the gate that he would fight, accused, who then took off his coat. Doyle cleared out then. They had stolen things from him frequently. The Court retired to consider, taking into consideration the fact that accused had been greatly provoked and that in firing he did so to frighten Howell and not to injure him. Accused was cautioned against taking the law into his own hands in future especially aa regards the use of fire arms.