TRAGEDY AT GREEN ISLAND.

New Zealand Tablet, Volume I, Issue 45, 7 March 1874, Page 7

TRAGEDY AT GREEN ISLAND.

INQUEST : VERDICT OP WILFUI MURDER. An inquiry took place on Monday afternoon, at the Rose, Shamrock, and Thistle Hotel, Green Island, into the circii"» sranoes attending rh«' death of Nicholas McDonald, aged 2J2 years. Mr I. N. Watt, K.M., acted as coroner, and Mr Weidon, Connr issioner of Police, conducted the oise on behalf of the Crown. Messrs .Barton and Smith appeared for the accused, Patrick Long, who was present during the inquiry. Previons to the evidence being taken, the Coroner decided not to allow the legal ge»tleinea to cro3s-exutmae witnesses. After the jury (of which Mr Thomson was foreman) had beeu sworn in, and had viewed the body-, the following evidence wastoken -.— A adrow Kerr deposed: Last Saturday night, between 8 and 9 o'clock. I was standing at the bar of Pat Long's hotel, in campany with Daniel McLaughlin, when deceased and another man named Donald McSweony came in. The latter asked me to have v drink, and. fl n ' down Is 6d to pay. Long would not give him tho drinka. Mrs MctJ weeny then came in and asked Lr ng to give us the drinks, and ha did so. I tried to got McSweeny home with his wife, but he did not

<want to co. Prisoner then »hoved both McSweeny and the deceased out of the door. I went out too. I told deceased that if he would leare McSweeny alone I would get him away home. McSweeny was ™!1 "II ?l drink, and deceased had had a glass or 10, but I could not "ay that he was drunk. When I next looted round I saw a big Kil, £ ? * IT" 1 ? eC6 /m. d m > he ad and kick him - I don't known ™l?i gg ♦ 7/k' . ( J h6 big fellow " wafl here brou gh6 »b y the B!ks w^ h'Bh '8 ?«™o Henry Kane.) I don't know S«T ' i Bt t- ii a IV e6Q h ! ra b / fore ' I could »<* »7 that he was the man who kicked deceased. (Kane here left the room.) The big fellow then ran into Pat Long's hotel, and went into the bar. The fSfJTfK a D*leaß6dD *l eaß6d thei ? gOt U P and commenced throwing •tones at the door. They were pieces of metal that were lying at till at u e r £ d * ?6? 6 WCnfc c } 08e to fche door ' and fro «> the noise it made I should say he was either striking it with his fists or kicking it. I then saw Pat Long come from behind the back of the house, and immediately afterwards I saw fire from and heard the r- port of a pistol. That was the first thing I saw when he came round. I tlun heaid men roaring out that deceased was shot. There were a number of men present. Long turned and went round the house the same way as hecame. Deceased was not sensible, and I never heard him speak after he was shot. I was sober at the time, but had got a glass of beer or two in me. The prisoner was the man who fired the shot. I only heard one shot. It was a clear moonlight night. The distance between Long and me was about eight or ten yards when he fired the V mv IJ?ouldI J? ould not Bay how far he w as from the deceased. The Foreman of the Jury said he did not see how the witness could so confidently swear to Long firing the shot, considerinc the position of the various parties. He must have been as near to the man who was shot as to the man who fired the shot, and yet he did aot see the former. Norman M'Cabe : M'Sweeny and deceased wasted a drink, but prisoner would not give it to them ; and when I saw them he was shoving them out of the hotel— first one and then <he other. I then saw the big man knock him down and kick him. (Henry Kane again produced in Court, and identified.) This was on the road. Deceased rose up, when he knocked him down again, and kicked him a second time. Pat Long then roared out, " That will do ; he's got enough Come inside. ' Kane then went into the hotel, and they locked The door. .Deceased got up, piaked up a stone, and threw it against the house; but it struck the verandah post. He then threw a second stone, and it struck the door. He then went up to the door, and kicked it with his feet. He then ran against it with his head and shoulders, and tued to burst it open. I saw the prisoner come round the corner of the house. He said, " Stand clear, while I protect my property ; as no other man will do it, I will do it myself!" He then lifted up a revolver which he had, and shot the deceased, who fell wounded on the right side of the temple. He was carried away to' the stone house. He did not speak a word after he was shot. When the pistol was fired, I was standing alongside of the prisoner on his Jeit tide. I was only a foot from him when he fired the shot. I did not see the deceased at the time he was shot. He was standing among a crowd of people. He was seven yards from where Pat stood! as was afterwards ascertained by actual measurement. James McLaughlon : I ?aw Long come round the corner of the house. It was a clear mooDlight nigbt. He held out both hands, and rolled up one sleeve. I then heard the report of a pistol, and Long taid, " That s the way I'll serve such as you, that destroy my propei ty.' I then saw deceased fall. He was only three or four yards fiom me. I went forward and struck a match, and saw there was a wound on Iris right forehead. David McLaughlan: Deceased ran to the door and kicked it twice with his foot, and then he went into the road and threw a stone at it. Mr Long at this timo came round the corner of his house and said, " That's the way I serve you , for damaging my property." I saw him present something with his two hands, saw a flash a"ud heard a report, and directly afterwards I ob erved deceased lyin» on the gi ound about three yards away from me. ° Constable Anderson : I proceeded to the Kaikorai Hotel and arrested the licensee of the same, Patrick Lon?, the Prisoner. I tol i him he was charged with murdering the deceased. He made no statement. I then proceeded to search the house, but found neither arms nor ammunition. I found however a revolver case (produced) in a drawer in the bar. The till was in the same drawer. I searched round the premises during the night— in flax, ponds, tanks, &c.— and emptied the well at the back of the hotel, but found neither arms nor ammunition. After argument it was agreed that the skull-cap, which bore the marks of the wound, should bo removed and retained in the hands of the pohct.. Andrew Douglas : I sold Mr Long a breach-loading pistol and a quantity of cartiidges about four months ago There was a cover with the revolver. It is tho same as that produced. 1 believe lie used to keep it beneath the counter. The night I sold it to him I El>owed him how to load it. I could not swear to the bullet produced. Frederick Mallard, Sub-Inspector of Police, deposed : I entered the charge against the prisoner in tho watch-house charge- book. I read (he charge 10 him, when he made the following statement "I | was not outside my house at all that night. I heard the row and i heard shots, Lut I did not go outside. 1 shut myself in, as a stone had broken my wiiidow." Ihe Coroner said it ouly now remained for them to consider their verdict, and they must return oue of either " wilful murder," of J1 manslaughter, ' or of "justifiable homicide." Aftei iifteen minutes' consultation, the jury returned a verdict of " wilful murder" against Patrick Long, who was then fully committed I to take his trial at the next criminal sessions of the Supreme Court. { yBOCEBBXKGS IN THE BESIDENT MAGISTBATB'S COTTBT, DUNEDIN. PairL'k Long was charged, on remand in this Court ou the pre-

vious day, with wilfully, and with malice aforethought, shootine and killing one Nicholas McDonald, at Greeu Island on the 28th February 1874. *' Sub-Inspector Mallard : The course, your Worship, I intended to aek to be followed was this : Prisoner having been committed to take his trial at the next sittings of the Supreme Court, upon the Coroner's inquisition yesterday, subject to your Worship's approval, I would ask that the charge be withdrawn ngainst prisoner now, so far as this Court is concerned. His Worship : Will tbe Inspector of Police put his finger on the Statute authorising the Coroner to commit a person for trial ? Sub-Inspector Mallard : Well, your Worship, I am net here to certify to the po*er of the Coroner, but if your Worship does not approve of the course I have suggested, theu I am quite prepared to go on as far as this Court is concerned. Prisoner is now in custody 011 Coroner's wairant — or rather, the Magistrate who acted on the Coroner's behalf. His Worship : I observe from the newspapers this morning the accused had no opportunity of examining witnesses. If Igo into the evidence to-day, accused will have opportunity of putting questions to witnesses. Mr Barton said Mr Smith and himself at present could not proceed, and would be glad if his Worship would remand prisoner for further time. His Worship : 'Till to-morrow ? Mr Barton : We prefer, jour Worship, to make a remand for a week. His Worship accordingly postponed the hearing of the case for that period.