RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume V, Issue 39, 17 April 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Tyi?HDAy, l^ttli Apnify 1,87 Q.

Edward ?haw, Esn., R.M.) (

OJhomas O r irnrd nppearod, on remand, qhargod with the above offenop. tyjr for tlio pyoggcution, asjd Mr lioid, for tho dofpnoc, Mr Itoid said tho cnoo had boon ad? jpnrnod to produeo rnodicnl ovidonco in proof of nqouaod's insanity. Sinco tho adjournment bo (M.r JjSjOidJj had soon Dr Martin who said that unions aoousod had boon under, Mm (Dr Martin's), treatment, or was of really unsound, mind hia (Dr ' Martin's), oyidcncp would bo of nouso. It was thorcforo not intondod to call Dr JVSjnrtin, but a numbor qf v^itnoaßOS^ wou'dj, oomo forward <;o proyo that for sovoral yoartt pant aopusod had boon suffering from aborration of mind, J Thp I^aßifitratoffajlod, to boo how suoh oyidonoo could help tlio accused but it would typ ocooptod for whii^ it wa« wort' : Tho foljowing pvidonco was callod :— P/wid Lnng-— I, am a bushman, and know tlio aoousod. I hqvo boon living with liim continuously for tho last fiv6 or six months. I hayo boon constantly with him, rind havo had opportunities o( judpinp his chnraotor. I always thought him a littlo oqft in hia hoad,— not right in his mind. Ho wan very fortfotfuh I was working for him carrying milk to Block's Point, and somolimos ho usod to go thero and sorvo tho milk instoad of mo. Ho know tho oustomorp as woll as I did, and, fiomotimes ho used to forgot throo or four customers a day, and give thorn no milk at all, Wo had thirty or forty ousto/nors. I havo boon asked by almost ovorybody in town and hjs customers whether I thought ho was in his right raiud. CoroN soto and his missus woro tho first who nsliod mo tho qnostion. They thought ho wan not in his right mind. By tho Bond)— Ho oomotimps had very high notions, Ho us"d to toll mo his dronms, and belioved they would como truo. Ho was always very quiot, Ho has Ronn for throo days without saying a word to mo, in tljio house Soraptimos Ifo, would thiu'ic tliat o^stomors bill had boon paid whioh I know had not boon paid. Ho oftoa talked foo^qhrjra^put Rich--jyoung

titters, that ho swd he would 4icl< up to, and things like that. .John Djclc—^ am a butcher residing in Reofton, I hayo known tho accused for tho last four years. Tho first transaction I had with nim was a contract threo years ago, to cloar off timber, off, my paddock, when ho had tjio work ha^f dono ho got up one morning and ran straight nwayl Ho took h\g clothes with him. I was owing him somo money; at Ihqtfmo. Ho crossed tho r.ivor. wbon it wa^s vory high, and ty was six wpolts before. I saw him again. I w,onV4°wn seyoral, to boo him, Ho livod on, t\\ tq bo^rios. On ono oconaion woi^t down nn ( 4 cooeyed for, him, and ppujd got no; nnswor. At length ]j found tym prbu,ohod u.ndo.rabig black log. Ho was quito blaok haying boon burning tjimbor,, on his own ground. ]j askod him why he, did not oomo up and sottlo y\\h wo, a«j length pngngod him to milk tho cows. Hjo afterwards camo up, and somotimos ho would bp. a whop, woek in tho house and spoalc to none of us. Qomotimpa ho was y.o.ry tn||caliyo and again ho'would not spoak (it all. After ,ho had boon sovoral months with mo ho wont a\yny, stidclenty (rom ua n^ ho had , dono on tho former occasion. Ho gayo t mo no nptlop flit all^||9:|?^t living for or threo years in lijs hut. On ono omiasion : when % woiilj' doVn I found hun w/itli a pilo of fuoia borrioo oji his table in his hut, and ho liyod ojj, Ijhcm. I ql^nys cons'idorod him a Ultimo wrong^ i^ his mind. By tho Court— Tt was lioth hy, h\a 1 actions' and his Ijalk that I tliought hyn wrong in his mind. I always bolipvcd ovorything he said. Ho used to bo, very religions at ono tlmo. Anderson got hold qfhimatqno timo, and, ho was vory iv* lißious. I alfWa^s rciokonod, hi t m silly. IIJo had, sorao v^ry, silly way a. , William Thomas Smith—l am a dairy» man Hying nfc Roofton. I know Giriird. I first saw him throo on four yoaro a/{O, shortly aftor his, opining to Roofton. I havo soon him on and oflj ropoatcdly Rinco thon. -ft,bout two yoars ago, \ forraod an opinion ns to tho stnto of his mind. I tjsod to go over to his plaeo, and formed tiic opinion that ho was laboring under a sort of. religious moniu, \ thought so from what ho said aboiit roPig'on and, Andor- , son. Ho usqd,^ wk, mo about GJod and all that sort' of, t,hing. Ho told mp ho would, show nip a pioeo of country, whoro I could tijrn my, cactlo, and wherp tliero wns a lot of. feorl.. Ho. ofTtirod to show mo and Ij wont will), I^'m ono day.. Ho lived, on tho opposite, eidp of tho rivor to farm, Wo wtf.nt \rp tho rango bghind his hut and thorp was. a fog, aftor a bijj tho fog oloarod away and, ho, pointed, out a valley 'which I Ifnowr onco was tho IniyuKahua and Forn Plat, as \ could see Jjac!£ "iyi t l)iiim's t ,Ho to persuade mothat it whs Band^r I^'Hardy's, but I know di/Toront, aijid vofysod bo go ony further on suoli an or^and. 1 always toolf tljo man to, bo, honest and straightfor* ward ( onough and, truthfyHoo, onljr ho hud strange ways with him. By tho Court^— I Bjiou\d, think ho knew ijho difiorcnpo botwoon whalj i«j trup,aqd : what is false. I havo oftpn qroqscd rivor after a Qjood, and benig tho flrslj man ho had scon for tw,o 015. thr,po days ; I oxpqptcd ho would spoak to mo but ho would walk away, and, avoid mo. I ofton cautioned hjm not to crosfl tho rivor y ,i|podß. Somotimos ho is bottor than at 1 others. Angojo Corosctp—T, nm, a foljmongor living at Roofton, I hayo known, the apcusod, for tlf roo or four years, and liayo , talked with litm somotimps and boon to liia plaop. Somptimos ho is right onough and ot^or^ I,imoß ho is not quite straight in his 1 ljpadV Ho had a littlp farpi and he ! said ho, b^ad, no moans to buy pattlr, I raadp an agreement to buy somo cattlo and, giyo $bom to him to lf.oop. Ho said thoro was spiondid. feed near his farm for. ; cattiq, in winter, I wont down, ono Sunday morning f^o look at tho lan,d. Wo wont lip tworan,gps ai^d dpwn again, and found a patoh of, land as big as tho Court hous'o tlio, ba.nif.3 vqnniiijj, up pprpoii* dioular, Ho said that was thp, land. I sai.d, % waa v,ory. sorry % had, oomp as wo could not got bnok. to Reofton by. nigjit. Ho said ho w,ould show as a qhort trnclf to Roofton, 1 and wo followed him until, I oould spo'lie was going in tho djiropjiion of, Snndy M'Jlardy's so I gav.o hl.ra some matches and said % would not follow, him any more I thon turnpd, and ; ho followod us and, wd camo out nt R, Craig's. Ho migjit bo right enough in his wind, but ho is not always right, By tho Court— lf -ho (pld mo anything I would, bol,iovo him. Frodori.ok Huddloston— l havo known aopusod for spvpn yonrs. First know him on Maokly's station* I was working thoro wijth him,. Ho was alwaya vory forgetful. Thoro was a report that ho van away into tho bush on ono occasion. Tho pooplo thoro usod to snjr that Girard. o^t of his mind, Ho was making a machine to go without pithor steam, wind, or viator. Timothy Pattinson—l know aoousod aovon yoar's ago at Maokly's station* It was ropprtjod that ho was out of.hi.s mind. I did not form any opinion of my own. Ho appoarod to bo occontrio and stijango in his ways. I would, not trust him. Ho told my missus ono day iliat ho hnd bought six tons of hay, for, £&, and noxj;, doy ho told mp ho had only bought four tons, of hay. for £0, JC thojight f,rora that, ho was cither a fool or a liar, Alfrod SmitjU— l am a. dairyman, and

have known accused for four or Qvo years. Havo, scon him orcasionnly when passing his house Ho has been livinir by himself for four of tyo yoar.s. I generally wont into tho hut for ft drink of ton, and ooiild never sco any Micro. From conversation with him I thought ho vif.ao looso in his mind. Tho uVst'timo I was a$ his hut I asked him what ho intondo^ to do thorp; he said, ho int'ondpd to p\g farm,. Ho camo to mo abou,t Q, months ago, o»\d asltod mo to writo a telegram (or L-ira^ applying for, 25 0,0,0, acro9 of land on tho tops of tho hills, as ho panted it to caljllc. Tho ground was quito useless for cattlo, and 1J did, not writo tho telegram. Ho, frequently passod, mo without taking any notice of mp,. This closed caso for. tho dpfenoo. Mr Moid*, for tho defonco, pojnlod out that abuncVin,' evyloncp lifyi Icon adduced to show that acijuood was suflVring from " mental aberation of intellect and' was consquently. irresponsible." 1 f is Worship 1 said, tjho casp had given him a good deal 6f tro'ublo, bocabso.it was in many respects an extraordinary one. Tho. lino of dpfonop was a novel, ono and tho text books worp silent rogording it. Mr" Reid contonded that the essential l ingredients, in cosos of perjury, (ho ii\alins <*»«£«,*> was entirely wanting in tlio'' present o>ijs, I>u*l 'if fye CourJ woro to deoido this point it would bo usurping tho, proper functions of a j,ury. Tliat perjury had boon oomniittcd, \v»s in oflbct admitted,, that it was douo in' tho nconsod'a own intprnst— to screen him from tho payment pf a just debt wns obvious. ' A marked distinction wns to bo .drawn lictwoon the more sujipramo vori t and tho sugrfMtio faliip uiuf in this enso thp acciisod had not onty forgotten to awcar to somothing that did take place, but ho bad also sworn to something' whioh it was cloarly proved never did tako place In ordor to enable tho Court to 'carefully cpnsidor tho base, accused' would be romnndod for seven days, bail being nccoptod. ! ' " ' yW I1 ' CASKB. Judgment bydofnult was givon in tlio following oasos:— O'Dpa v. Jus. O'Brion, £\L 5. <t: , Lynch v. Rynn £3, 7. . Kutorv. Rhodes' £s. lo. Dick v. Rhodes dC9. 10 f Tho. Court thon adjourned.