Defendant wasarraigned onthe abovechai for that he, on the 2nd of October last, did
the peace of our Sovereign Lady the Quea feloniously Kill and slay one Hu-a-kow, cit her Grown and dignity.
Defendant pled not guilty.
The fall jury was empanelled and sworn:—J. B. Robertson, A. J. Lines, F. J. Green, A. E. Littledale, and C. Walsh.
Mr. St conducted the prosecution. The first witness he would call was Lrx-a-Mow, a Roman Catholic, sworn, said—Lremember about the second or third week in October last, on the 22nd of the month, I was at An Chalet that doy. 1 know the
and had a cold tiffin about two o'clock. After tifin he took his gun and went outside. When he came back, fre went inside lie root and lay on the sofa. "I went in with a lantern, and U saw two large birds on a tree just oppo site the window, at the comer of the cookhouse. LIcalled Mr. Ross, and did so twice before he got up. He got up and tried to shoot, but the gum dil not go off, and he rested it on the window-sill in order to put a fresh cap on. The first had snapped. The gun went off. It was not at his shoulder ab the time, but low down. I was clare behind him. I heard the first cap snap, but not the second. It was a bad fitting one. He was trying to press the cap on by putting down the hammer on it, and that sent it off. When it exploded, 1 Lcard the boy, who was at the cook-house door, inside, call out, and he put his hand to his back. There was no window to the cook-house, only the duer. I did not see the boy before the gun went off. This was about three o'clock. I went down first and called the barman and Mr. Ross to take the boy in and put him ina bed. Found he was shot all over the back. I saw some bleod. Mr. Ross attended to him; and sent the barman away at once for an English doctor. During the time he was away Mr. Ross.and myself minded. the boy. The hoy complained that his inside felt "too hot," and I gave him tea, A native doctor came and "with a long pin took out three small shot, I asked him how many were in and he said he could find no more. The doctor said one week more and the man would be all right; that if Mr. Ross would pay him plenty dollars he would cure him in that time. He also said that those shot he hiad taken out had only out the there was no fear of the man dying. for went away, but Mr, Koss offered to pay him $20 if he came back next day. Mr. Toss and the barman stayed with the bey all night, The doctor did not come on the followi morning. In the morning, as the doctor di not come, Mr. Koss got a chair and put the boy in it, gave him two dollars and told him to go to his brother's house and stop there, and that next day he would send a doctor to him. I don't know what the boy's name was, I had been at An Chalet five days before the day in question. The boy was there to work asa Gd not know him ab all, and had not seen gardener and not for cook pidgin. Mr. Rss
him nor asked him to do any cooking. The was cooking rice for himself.
his Lordship—There were other boys about the placo—one other, who acted as house-boy and cook. Mr. Ross had not previously lived in that house.
Nis Lordship observed that his object was to endeavour to elicit how far the defendant was acquainted with the locality, a whether ko was sufficiently familiar' with it to be aware of the probability of anybody being inthe place where the deceased man had been. As there was no Counsel on Uehalf of the prisoner, to draw the attention of the Jury to these points, he thought it, well to do so.
Witness continued—One boy was in the barman's room cleaning a lamp. There are only two boys. The door of the cook-house
angle. yeas not quite opposite the window, but at an Suror—Could you have seen the doorway from where you were standing, behind Mr. Ross?
Witness—I could not. Mr. Ross might perhaps have seen the door.
his Lordship.—The gun lay rather to one side of the window.
Defendant asked if it was not correct that the door of the cookhouse, the place was £0 though when the gun wet off he could sve dark that he could not have seen any one Hesxy Murray, sworn, snid.—I was employed as barkeeper at An Chalet, on the 2 October last. Lam not quite certain if it was the 2ist or 22nd and whether it was either Thursday or Friday, when Mr. Rest came out there for the good of his health, A few words were exchanged between us, and then he had tiffin and went out with his gun. He came in shortly after, and went to his room; and the girl, who was cleaning a lamp, went there and called him, saying (I heard her say so) that there were some birds on the tree, Inext heard the gun snap but took no
Text read from the printed page and cleaned; old type leaves the occasional error.