A Shooting at Courtenay - Jabez Lord as witness!

The following article was in the Press dated 21 August 1872 and has my ancestor Jabez Lord giving evidence.

Maliciously Wounding Cattle. — Martin Kemp and William Kingdon, surrendered to their bail, to answer further to this charge. Mr Joynt appeared for the defence. Peter Pender, Inspector of Police, deposed—On the l5th instant, I proceeded to the house of prisoner Kingdon's father, and where the two prisoners live. In the kitchen I found the gun produced. It appeared to have been recently discharged. I had it taken to Christchurch, and examined by Mr Manning, the gunsmith. It was the only gun I could find in the house. The inmates of the house denied that there was any other gun there. I searched for ammunition, but only found some powder. On the morning of the 16th, I took the distances from Davies' house to the house of a man named Williams, who lives on the opposite side of the road from Kingdon's paddock. It is thirty chains from Davies' house to Williams', which is opposite Kingdon's paddock. There is only a road and a small garden between them. The distance from Williams, to Kingdon's house is about eight or nine chains. The public pound is close to Kingdon's paddock. I examined the outside of Williams' house and found that the end of it fronts to Kingdon's. There were marks on Williams' house, which might have been caused by shot, but I will not say they had been. I saw a boy named John Knapp at Kingdon's house, and I had the boy taken away by the father. The lad will be called as a witness. By Mr Joynt — There seemed to be a fresh, appearance of smoke about the nipple and hammer. The broken cap was on the nipple, but I do not give that as a reason. The gap in the fence is not in a direct line between Kingdon's and Williams' house. The houses are nearly opposite, one on the right and the other on the left of the road. The gap in the fence is at the furthest corner from the house in Kingdon's paddock, and next to the road. The fence of the paddock along the road and the one which divides the paddock from the adjoining land run from the gap. The fence along the road is an ordinary sod fence, about three or four feet high. If it was shot that struck the side of Williams' house it must have been spent shot. The marks were very slight, and that is why I cannot swear that the marks were made by shot. I did see other marks on the side of the house of a somewhat similar character near the corner; a gun might have been fired from Mr Kingdon's paddock so as to strike both sides of the house. I saw no marks that I could positively swear to as being the marks of shot. A boy named John Knapp, ten years of age, was called, but his Worship, after putting several questions to whether he understood the nature of an oath, refused to take his evidence, as he clearly did not understand the obligations of an oath. Ann Dahlia Williams, the wife of Henry Williams, poundkeeper at Courtenay, deposed— I live a short distance on this side of Mr Watson's accommodation house. The two prisoners live at Mr Kingdon's. On Tuesday morning, the 13th inst., I was disturbed by the report of two guns. I was in bed awake. It was first at daylight, I heard one gun discharged, and the second one quickly afterwards. I was sleeping in that part of the house near the road and closest to Kingdon's house and paddock. I was sleeping in the end of the house. The reports came from across the road towards Mr Kingdon's. It appeared to come straight across. I heard something rattling against the house, and took it to be shot. I heard the noise against the house after both the shots. It was almost at the same time. By Mr Joynt-The reports were loud and sharp. I cannot say whether they were in the road or not. I am certain something rattled against the house like peas. It was just daylight. I could see anything in the room. Henry Williams, husband of the last witness, deposed —I know the two horses of Mr. Davies'. One is a bay mare, and the other is a chesnut gelding. They have been in the pound two or three times. Mr Kingdon impounded them. They were chiefly impounded by William Kingdon, the prisoner, for trespassing on their land sometimes for trespassing on the land near the house, and in the paddock opposite the house. On Tuesday morning last I was awakened about day-break by some noise against the house. I could not say what it was. I afterwards saw the fwo horses about nine o'clock that morning at Jason Davies'; they were both shot, I could feel shot in the skin of the horses. They had been shot at. Before I saw the horses I was with a man named Lord. I know a gap in Mr Kingdon's paddock. Lord and myself went together to see the horses, and we passed along the road by the gap; soon after we passed the ground we saw blood on the snow, there were also the tracks of two horses in the snow. We traced back the blood and tracks to the gap leading into Kingdon's paddock, but went no further. We then went to Davies' and traced the blood and tracks to about opposite the pound. After we saw the horses, we came back and traced the blood and tracks about five yards inside the gap in Kingdon's paddock. At this time Arthur Davies was with us. The horse tracks lead from out of Kingdon's paddock towards Davies' house. We did not trace the tracks in paddock beyond about five yards, because we thought we had no right to go further. By Mr Joynt—-I don't know now what it was that rattled against the house. I don't recollect any other person than prisoner (Kingdon) impounding the horses. I knew the bay mare well before Davies' had her. I did not know the other horse so well. I should have known him if I saw him. I did not know he was a gelding. I saw some shot in the horse cloth on one of the horses. They were very small. Jabez Lord deposed —I am a farmer, living near Watson's, at Courtenay. I recollect the morning of Tuesday last. I saw Davies' horses ; one is a little bay mare, and a sort of a brown gelding. They had been shot. I could see the shots in them, and they were bleeding a little. I think I must have seen them the evening before on the reserve in front of my own place. The reserve is between Kingdon's paddock and Davies'. After I had seen the horses I went to Mr Anderson's [Anderton's] beyond Kingdon's. There was snow on the ground. In coming back from Mr Anderson's [Anderton's] I met Mr Williams near his own gate, I noticed blood on the road. I turned back and traced it into Kingdon's paddock. The tracks were down the fence side. They were about five or six yards in the paddock. They were the tracks of two horses. We then traced the tracks and blood along the road towards Davies'; there was a great difference in the size of the tracks. Considering the direction in which the tracks were coming, the shots from Kingdon's paddock might have struck Williams' house. By Mr Joynt—I saw the blood on the road, in drops here and there; in some places three or four yards apart. Both the horses were bleeding from the head; they were both wounded in the head. One horse had a cloth on. I cannot say positively that I saw the horses the evening before. I don't know where  the horses were the night before. I saw Jason Davies the night before (Monday). I parted with him at Watson's after eleven o'clock ; I was home before twelve o'clock. I think I left Davies there. I heard nothing about the horses being tied up the night before. I went home by myself. I was sober when I left Davies at the Halfway house. Joseph Allen deposed—I am a veterinary surgeon living in Christchurch. I went up to Courtenay on Wednesday, the 14th inst. I examined one chesnut gelding and one bay mare, the property of Jason Davies'. They had been severely injured by shot. There were about fifty shot in the two horses. I extracted fifteen shot on the Wednesday. I produce them. Some of the shot had gone in an inch and a half into the muscular fibre. I took nineteen shot out of the horses this morning. The chesnut gelding had been shot in the eye and in the chest. They had not been shot broadside. They were injured on the off side, the shot penetrated obliquely. The horses must have been facing the man when shot at. Both the horses are to a certain extent permanently injured. I extracted a shot from the bay mare's leg. By Mr Joynt— The horses will always be sore when worked. The gun produced I think would not do all the injury at one shot. The shot in both the animals took the same direction. I would consider from the appearance of the wounds that the person who shot at them was standing about eight or nine yards. Harry Daniel Manning, gunmaker, Christchurch, deposed—I examined the gun produced on Saturday last. It appears to have been discharged a few days before. It would kill a duck at eighty or ninety yards. Spent shot would go further. By Mr Joynt—The gun was discharged within a week before Saturday. The breech was partly dry when I examined it. When a gun is discharged the breech is damp and then it gets dry, it again gets damp, and after drying again it rusts. I don't think the weather would affect the dampness of the breech. I don't think the damp would dry quicker in summer. I had the gun in my possession about an hour. The mould occurs in the breech after the second damp, about ten days afterwards. I have had considerable experience in guns. I could not say to a day or two when a gun is discharged. William Shipley deposed—I live at Courtenay at Mr Davies'. On Tuesday last the two horses came home in the morning. I first saw them whilst I was at the " Half-way house." I turned them loose on the night previous. I did not bring them back again. I next saw them on the Tuesday morniug, when they were injured. Mr Pender here again called the attention of the Beiach to the boy Knapp, and asked if he might give evidence without being sworn. His Worship said he could not allow this; the law requires that the witness should understand the nature of an oath before his evidence could be taken. The Inspector then asked that the case might be adjourned, in order that the boy might be taught, as he was in a position to state that the boy's evidence would bring the charge distinctly home to the two prisoners. Mr Joynt stated that when such a statement was made the Court should only be too careful in allowing a lad who was in such a state of ignorance as to the nature of an oath to give evidence. Mr Pender stated that the boy told him in his father's presence that he was not to say anything. On being further questioned by His Worship the boy staged that Mrs Kingdon had told him not to say anything. His Worship said that he was very loath to shut out any evidence, but he really could not swear the boy, as he could not answer correctly the simplest question as to his religious duties. Mr Pender next called John Kingdon, a brother of one of the prisoners, who deposed—l live with my father at Courtenay. I know Jason Davies' horses. I get up about a quarter to seven. Kemp and my brother slept in the same room. I did not hear any shot fired. The gun produced belongs to Mr Anderson. I had borrowed it. Folston's gan was in our house some time back, but he took it away some few days ago and sold it. I saw no horses in the paddock that morning. By Mr Joynt—It was broad daylight when I got up : the gun was last fired at a sea-gull. We have not had any shot in the house for some time. My brother and Kemp were with mc from the time my father called until we went to breakfast. We went into the stable, and all remained there till we were called for breakfast. I heard no shots fired. I did not get up till a quarter to seven. Jonathan Kingdon, the father of last witness, deposed—I have had occasion to have Davies' horses impounded. They were in my paddock again on Monday, and I cautioned Davies. I have not seen the horses since. My son William and the two prisoners all got up together at about a quarter to seven. I had called them before that, and my son said it was a quarter to four. I did not see them with any gun that morning. I know the gun produced. It was not loaded. Folston had taken his gun away. There was no other gun in the house. I heard no other shots fired. On Thursday night last my son went to Folston about some cattle. By Mr Joynt—l have often called the boys before four, to know what time it was. There was no shot in the house or caps either. I did not hear any gun fired that morning. I had no quarrel with Jason Davies. This closed the case for the prosecution. Mr Joynt contended that no evidence h a d beep adduced to conn.pt the prisoner with the charge, pis Worship dismissed the information.