The village of Patearoa is, these days, a small collection of houses. Hot in summer and cold in winter, it sits aside the stream of the Sowburn, one of the "barnyard" names given to the watercourses of the Maniototo area by surveyor Thomson. And Sowburn was the name of the town when the following events took place.
MURDER AT THE SOWBURN.
Information was received by the police last night that, on Sunday last, the 6th inst, at the Sowburn diggings near Hamilton, a person named James Russell was murdered by a mm named James Myles, who stabbed him in the left breast with a knife, causing instantaneous death. It apears that the deceased and Myles had quarreled. Russell challenged Myles to fight and a scuffle ensued. Miles went away to his own tent, from which he was seen returning with a knife, and advancing towards the deceased, he said he would "make a hole through his belly" Deceased then aimed a blow at him, which was returned by Myles with a blow from his left hand. At the same time he struck him with his right hand, in which he held the knife, thereby inflicting a fatal wound. The murderer was aprehended, and the the knife with which the blow was given was found upon him. The inquest had not been held when advices left Hamiltons. -Otago Daily Times, 9/11/1864.
HAMILTON'S.
THE MURDER AT THE SOWBURN,
(FROM OUR OWN CORRESPONDENT.)
November 18th
I had not time or ability in my last letter to give you the particulars of the foul and unmanly murder that was committed at the Sowburn, on Sunday last, but having had an opportunity of hearing the facts of the case from the lips of the witnesses at the inquest, and many others not summoned on that occasion, I can now supply them, and leave your readers to determine whether it is murder or not that has been enacted in our generally quiet neighborhood. I append the evidence of the witnesses bearing most on the case, and leave it to your discrimination to publish or withhold: —
On Sunday last, the 6th inst., about 3 o'clock in the afternoon, a number of the miners had assembled in the street amusing themselves with a game of cricket, among them the deceased John Russell, who hearing a disturbance in the store of Bremner Brothers, went with a friend to learn the cause. He was a little the worse for liquor at the time. On entering he found there was a fight between two dogs, one belonging to the murderer Myles, and the other to a man named Kerr. The latter he offered to back for L5, and Myles said he would go for the money, but changed his mind, and the two men went into Myles's tent. Here some liquor was drunk, and a quarrel ensued between Myles and deceased, and finally Mrs Myles turned him out. Russell then went to Bremner's store, where he found he had left his pipe, and he said he would go, for the fun of the thing, to Myles's, and fetch it. He was not admitted, and at last had a bucket of water dashed over him, when he went away for a moment, and returned to meet a similar repulse. All this was taken goodhumoredly, although Myles and the deceased were using very bad language. A third time he came out and went to Myles for the pipe, and on Mrs Myles coming out with a broom he made fun of her, but no evidence was adduced to prove that he had insulted her by words. At last, Myles came out with one hand in his pocket, and with the other he went in a threatening attitude to deceased and asked him to fight, or equivalent. "That's what I want." said the deceased immediately stripping off his shirt. Myles then retreated to his door frame, and threatened, if he was rushed by the deceased, he would "rip him up." Deceased then rushed at prisoner, Myles shifting his right hand from his pocket and putting his left in, and quickly drawing it out again and holding it by his side. Again the deceased made a rush at prisoner, and now the deed was done. Deliberately unsheathing the knife — one with a blade about 7 inches long used for pig hunting — and whipping it up his coat sleeve, the moment the deceased made his rush the arm was ssen to be jerked up quick and short, and immediately the deceased was seen to put his hand to his side, his eyes glazed, blood spouted over his arm, and falling on his face, in a minute all was over. One small gash seven inches deep, and burying the knife to the hilt, had deprived the poor man of his life, his wife and three children of protector and husband. Several miners cume up at once crying out "You have stabbed the man. You've murdered him." But his replies were, "I know it, he is dead; the wretch ran on the knife;" and when taxed with murder, hardened like, replied, "What of it? I care no more of it than duck swimming." The knife was seen in his hand, covered to the haft with fresh blood; he put it into his pocket and went inside. A few minutes after some of the bystanders saw his wife go outside and be busy with a piece of rag, and they suspected she had the knife, so a miner seized her, and finally the knife dropped down her arm. During this time the prisoner came out and attempted to rescue the woman — when there, he was cutting tobacco with a penknife — and the men cried out "Let's seize him!'' which was done, and he was laid bound beside his victim and the police sent for. He retained his callous manner all the evening. After the Coroner, C. Broad, esq, R.M., having charged the jury at the inquest, and explained the difference between manslaughter and wilful murder, the jury brought in an unanimous verdict of wilful murder.
I think I never saw a mass of miners more unanimous in their abhorrence of the crime. All indulge in the most earnest hope that Justice may suffer no defeat. The deceased was a Scotchman about 37 years of age, had a wife and three children in Dunedin, was a quiet, though at times intemperate man in the way of drink, but good humoured and little given to quarrelling. The prisoner was also thought a quiet man, but I have heard that he occasionally broke out when under the influence of liquor. Since the time he was brought in he has manifested no compunction for his crime — atra cura fits easy on his brow, and conscience allows itself with him no outward manifestation.
Russell's remains were buried in the Hamilton Cemetery, on the 9th, after a post mortem examination of the chest had been made by Dr Foppley, who found the knife had glanced upwards, splitiing the eighth rib, separating the tissues, and penetrating the left cavity of the heart — a wound sufficient to cause death instantanteously. -Otago Daily Times, 15/11/1864.
The man Miles, committed on the charge of murdering James Russell, at the Sowburn, was brought down by escort yesterday, and lodged in the Dunedin Gaol for trial at the next Criminal Sittings, which commences on the Ist of next month. Although committed for murder, there seems little probability that the capital charge will be sustained — for it is certain that the prisoner received provocation of the most serious and unbearable kind before he committed the fatal deed. We cannot of course refer to the circumstances at length whilst the case is sub judice; but may say that we have reason to believe, when all the surrounding details are given, that the crime will be lightened at least of much of the culpability that now appears to be attached to it. — Otago Mail, November 16. -Colonist, 25/11/1864.
Yesterday's sitting of the Supreme Court was mainly occupied by the trial of James Myles for the wilful murder of John Russell, at the Sowburn, on the 6th ult. The prisoner was found Guilty of Manslaughter, and recommended to mercy on the ground of the great provocation he received from the deceased. Sentence will be passed this morning. -Otago Daily Times, 8/12/1864.
Myles was sentenced to three years with hard labour. A subscription was opened for John Russell's widow and children.
Hamilton
I open my letter to mention that the news of the sentence on Myles for the manslaughter of John Russell at the Sowburn, has caused a good deal of surprise at its leniency. Whilst thoroughly appreciating the merits of his Honor Judge Richmond as a stern and impartial judge, the towns people think that the case was very badly handled by the prosecuting attorney, and that many points escaped his attention that should hnve been brought in, and would have added to more severe punishment of a crime such as it was. -Otago Daily Times, 17/12/1864.
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