A BAILIFF SHOT.
Invercargill, July 21. Yesterday afternoon two bailiffs named Middlemiss and Hugh Stewart, of Gore, proceeding to execute a warrant on the farm of John Keown. at Balfour, were ordered to stop by Keown when about .two chains from the house. As they continued to advance, Keown fired, and a charge of shot struck Stewart about the head. The man rolled off his horse in the yard. Middlemiss does not seem to have done anything for his companion, but galloped to Riversdale, some distance away to apprise the police at Gore and other stations, although there is a telephone to Balfour. Middlemiss said Stewart was dead, but the latest information is to the effect that he is not so, although the man lay in the yard and afterwards in a shed on a very frosty night. He must be badly hit, as he was unable to move from where he fell, till two men carried him into the shed. Middlemiss says Keown fired at him the day before. Constable Hurlihy, from Waikaia, was the first to reach Keown's house. He found him in bed, and told him he was a constable, to which Keown responded that he supposed he had come to arrest him for shooting the man outside. Keown is a middle-aged man with a family, and is said to have been drinking lately. A doctor has gone from Gore, and probably one from Lumsden, to attend Stewart, but the Balfour telephone cannot be got to-day, and the extent of his injuries therefore is unknown here. -Ashburton Guardian, 22/7/1895.
DEATH OF BAILIFF STEWART.
Wild Work at Balfour.
A BAILIFF SHOT AT,
HE DIES FROM HIS WOUNDS
The farm of John Keown, a wellknown settler living about two miles from the township of Balfour, was the scene of a terrible deed on Saturday last. On the afternoon of that day Keown shot at a man named Hugh Stewart, who had accompanied a bailiff to the place, and the poor fellow died from his injuries on Monday night.
The facts of the shocking affair were elicted at the inquest held at Riversdale on Wednesday before Mr R. S. Hawkins, coroner.
The first witness called was Andrew Middlemiss, bailiff, of Gore. He stated that he went to Keown’s on 11th July with Stewart to execute a distress warrant at the instance of Reid and Gray, and got there at 4 p.m. Keown said he had nothing as the J. G. Ward Co. held a lien over all his things. Witness then gave Stewart the warrant and left him in possession. On the 18th July Keown and Stewart came to Gore. The warrant not being satisfied, witness consulted a solicitor, and with Stewart returned to Keown’s about four o’clock on Saturday morning, the 20th. He saw Keown coming out of the house with a gun in his hand. Stewart and witness galloped away, and immediately a shot was fired, and something like shot whizzed past witness’s head. Witness went to Gore and laid an information against Keown, but subsequently withdrew it and returned to Keown’s about 5 p.m. on the same day. When nearing the house Keown met them, and when about nine yards off he put up the gun and said ‘stand;' they both pulled up. Keown pointed the gun at witness and then at Stewart, and again at witness and said ‘I can’t shoot you both, but I will have one of you.’ Stewart said, ‘Don’t do that, Jack, don’t do that. Have some sense.’ Keown then pointed the gun at Stewart and fired. Stewart put his hand to the left side of his face and cried ‘Oh!’ leaned over the pommel of the saddle and fell to the ground. Witness’s horse reared and wheeled round and galloped away. Witness looked back and saw Keown standing over Stewart. Keown called out to witness — ‘Come back, you fathead, and I will square you out.’ Someone galloped for three miles after him, but witness’s horse outpaced him. Witness sent information to the police from Riversdale. Keown appeared sober.
John Hornsey stated that he was employed by John Keown and was at the farm on the 20th, but had received his discharge that day. Saw the bailiffs that day coming towards the house about five o’clock. He was standing at the end of the house. Told Keown they were coming, and he replied ‘Let them come.’ Next saw Keown at the house and he asked for his gun. Witness said he did not know where it was, but supposed it was in the dairy, and went and got it. Keown asked where the caps were and witness got them; they were in a bag in the kitchen cupboard. The bag contained two powder flasks, a shot bag and caps. Gave Keown the caps. Keown put a cap on the nipple, and then went out in the direction the men were coming. The men were then about half way up the lane. Keown spoke to them and witness believed he said he intended to shoot them. Did not know if the gun was loaded. Witness stood at the end of the house and saw what was going on. Saw Keown point the gun at Stewart and fire. Stewart fell on his horses’s neck. Witness was about 25 yards distant. Keown pulled Stewart off the horse on to the ground and hit him with the butt end of the gun, holding it with both hands and hitting with all his might. He struck Stewart about four times; once on the side of the head, twice on the ribs and once on the thigh. The last blow broke the gun. He was going to strike again, but witness called out to him and said ‘For God’s sake don’t hit him again, Jack, or you will murder him.’ Keown then returned to the house. As soon as the shot was fired Middlemiss cleared off as fast as he could go. Witness went for Smith and McLean, two ploughmen, and removed Stewart to a dry place away from the mud. McLean brought some bags to put under the deceased. Keown at this time was walking about the yard in a very excited state. He called Stewart a b____ Orangeman and said he would not own him as such, as he was a rotten b____. Stewart was about a quarter of an hour on the ground when he was removed by Smith to the lean-to. They put two bundles of straw, and two pairs of blankets under him and covered him with bags. Stewart was then unconscious. Some time after they all dined together. Keown never did anything for Stewart nor did he see him again. No one went for a medical man.
To the jury: Keown has been drinking of late. Did not hear a report of a gun on the Saturday morning. Keown was not sober when witness gave him the caps for the gun. He believed he drank a bottle of whisky that day; saw the empty bottle next morning. Keown got a demijohn of whisky from Dunedin on the 6th July and was drunk for four days afterwards. Smith was in the yard when the shot was fired. If a man followed Middlemiss he did not see him.
The Coroner: If Keown was drunk why did you give him the gun and caps?
Witness: Was Keown’s hired servant and considered it was his duty to give him what he asked for.
Harry Smith, George Winders, and Alex. McLean corroborated. Keown told Winders to bring Middlemiss back, and he would square him also, and Smith saw Keown striking Stewart on the ground.
Constable Herlihy deposed, to arresting Keown about one o’clock on Sunday morning. He was then calm and rational and perfectly sober. Stewart was removed to Riversdale on Sunday afternoon.
Sergeant Fleming and Constable McKenzie also gave evidence.
Doctor Donaldson described the nature of the wounds inflicted on the deceased. No bruises were found on he body, either external or internal. Death was due to shock to the system caused by the gun shot wound and blows received. From the general symptoms he would not have expected death so soon. The exposure accelerated death, but not more than a day or two. — Dr. Bauchop gave evidence to the same effect.
The jury returned a verdict to the effect that the deceased died from injuries wilfully inflicted by John Keown, and added the following rider: ‘That the witness John Hornsey is very much to blame for telling Keown where the gun was and supplying him with caps.’
The Coroner said the verdict was practically one of wilful murder and one with which he agreed. He also agreed with the rider, and that Hornsey acted in a most improper way. His sense of right was the lowest of any man he had ever met. His excuse that he was a servant proved to be false on his own evidence. He concurred with the rider of the jury.
The Tapanui Courier says: — Hugh Stewart was born at Richabucta, New Brunswick, Prince Edward’s Island, Nova Scotia, and in his youth worked as a shipbuilder, and then becoming enamoured of the sea went in a timber barque, James Alexander, to Liverpool, and in the English Channel fell in with a terrible gale, when the Royal Charter was wrecked. He left Liverpool in the Sovereign of the Seas for Port Philip (in company with Mr William Westcott, now resident of Moa Flat) early in 1850. At Melbourne they left the ship for the diggings in the interior, and tried their luck at Bendigo, McIvor and elsewhere. He was later employed on Perry’s Spring Plains Station, Heathcote, Victoria. In January, 1862, left Melbourne with Mr Wm. Austin, of Tapanui, in the ship Eureka, for Port Chalmers, arriving on 12th February, Stewart and Austin immediately left for Gabriels Gully, and afterwards worked at Wetherstones, Tuapeka Flat; and when the Dunstan rush broke out proceeded there. After a spell at digging, deceased went to Teviot station (then owned by Murray Musgrave) where he met his old shipmate Westcott, who had preceded him from Victoria. Stewart then started bullock driving from Milton to the station. Taking up the first load of flour; Stewart was stuck up by starving diggers, who took possession of a part of his freight, but paid him on the spot at the rate of a half a crown a pannikin for his precious load, more valuable to the hungry men than gold. After carting for some time, Stewart came to Tapanui for some timber, and was attracted by the magnificent bush, and joined Mr John Patterson and mates in the first sawmill here, which commenced operations not far from Brookdale homestead. About 1865 deceased was married to Rebecca Gillon, at Roxburgh, who survives him, and a family of eight children were born of the marriage, but the eldest died at Tapanui. After marriage deceased left the sawmill and recommenced bullock driving from Tapanui to the diggings. Later he erected an hotel known as the Duke of Edinburgh, at Beaumont. He returned to Tapanui about 1871, having sold out to Archie McDonald, since deceased. Stewart then commenced butchering in Tapanui, and later sold out to Mr Thos Hewitt, and started bush felling by contract for Mr John Patterson. Later he joined Mi' John Gillies in a butchery business, and the partnership afterwards took up the same class of business at Gore, where deceased removed with his family. The butchery was not a success, and Stewart went in for Corporation employ and odd jobs, such as the one that led to his death, and Mrs Stewart started a temperance hotel, which, with the help of her daughters, she has conducted very successfully. Deceased was made of the right stuff for pioneering work in a new country, fearing nothing and overcoming difficulties that required a strong arm and brave heart. He was one of the first men to swim the dreaded Molyneux river, and frequently crossed the stream by that means in the early days.
GENERAL NOTES
Keown, who is a native of Ireland, and 49 years of age, is a tall and powerfully built man. He will be charged with murder at the Grore Police Court on Tuesday. The proceedings which led to the issue of a distress warrant arose out of an action in connection with the sale of an engine to Keown. The amount of the judgment was paid on Monday last.
Stewart was unconscious on reaching Riversdale, and remained so until his death. The Mataura Ensign states that both Stewart and Keown were Orangemen, and that Stewart tried to shield Keown, and insisted that his injuries were the result of an accident.
When Keown was arrested he said — ‘Yes I had a shot at the I suppose I have made a fool of myself; I have done a foolish thing, but cannot help it now.' Mr Hanlon with him Mr Hanan, has been engaged to defend Keown. The police authorities desire to thank the postal department for the facilities afforded them in connection with the sad affair. Wherever necessary the offices at and connecting with Balfour were kept open all night and no trouble spared to further the work of the officers engaged in the case. So far as known Keown, who has a wife and eight children, was in easy circumstances. He had a farm of about 400 acres, on which stood a two-storeyed house, and numerous outbuildings and possessed a lot of machines and implements and a number of valuable horses. -Southern Cross, 27/7/1895.
The evidence given at the trial of John Keown for murder was much the same as that given to the inquest, but followed by some expert opinion on Keown's state of mind on the fatal day.
THE BALFOUR MURDER.
Invercargill, Wednesday. At the Supreme Court to-day the Balfour murder case was continued. A number of witnesses were called to prove that Keown had a fall from his horse six years ago, and had never been the same man since. Evidence was given as to various eccentricities, and also that he had since been given gradually to drinking. His wife stated that sometimes he armed himself with a pick-axe and batchers' knives to attack men who he supposed were stealing his crops. She stated that he had two or three times fixed his horse np by the leg and stabbed and brutally beaten it; also that he had stabbed his son James, and that one of the accused's sons had been in an asylum. The case is still proceeding.
Later. The trial of John Keown for the murder of Hugh Stewart, concluded at 5 p.m., and after deliberating two and a half hours the jury returned a verdict of guilty, with a recommendation to mercy. His Honor, in passing sentence of death, said that the recommendation of the jury, looking at the prisoner's previous history, might not be altogether unreasonable, and in the course of his duty, he would intimate that opinion to the proper authorities. His Honor sincerely asked and recommended Keown not to place too great confidence in the jury's recommendation. The defence was directed to showing that Keown, since a fall on the head six years ago, had been subject to fits of violence, delusions, and melancholia, which had been aggravated by excessive drinking. It was deposed that Keown had been known to drink two gallons of whisky in two days, and that he had stabbed his own horses, left them without food for days, and denied all knowledge of having done such things. Dr, James Young, formerly superintendent of the Auckland Lunatic Asylum, said that each a thing as alcoholic insanity was recognised, and that in some eases injuries to the head would make a subject more susceptible to the influence of alcohol. He should say that Keown had been at the time of the tragedy suffering from acute alcoholic insanity, which was a very dangerous kind of lunacy. Dr. McLeod, gaol surgeon was of opinion, after examination, that Keown was now of sound mind. -Hawkes Bay Herald, 29/9/1895.
Removed. — The convict John Keown now serving a life sentence for the murder of Hugh Stewart at Balfour, has been removed from the Invercargill to the Lyttelton gaol. He was taken north by yesterday’s express. -Southland Times, 6/11/1895.
A PECULIAR CLAIM.
A peculiar claim is reported by the Southern Standard to have been put in at the Gore Court on Thursday. It was by John Macpherson, hotelkeeper, of Balfour, against John Keown, who was sentenced to imprisonment for life for the murder of Hugh Stewart, near Balfour, some twelve months ago. It runs from January 30th, 1888, to January 25th. 1894. It is almost exclusively for liquor (mostly brandy and whisky in bottles) and amounts to £134 9s. 9d. The total, however, is arrived at after deducting cash payments and payments by quantities of chaff, &c., to the amount of between £30 and £40. The claim, of course, is really against Keown's property, or, in other words, against Mrs Keown and her family. The hearing of the case was adjourned till July 23rd. -Press, 15/7/1897.
A liquor case.
A LARGE CLAIM.
At the Gore court, before Mr R. S. Hawkins, S.M., on Thursday, John Macpherson, licensee of the Longridge Hotel, Balfour, sued John Keown, late farmer at Ardlussa, but now an inmate of Her Majesty's gaol, for £134 9s 9d, for liquor supplied and cash lent.
Mr Henderson for plaintiff, and Mr J. A. Hanan (with him Mr Neave) for defendant's family.
Mr Neave raised the question of service. The affidavit of service showed the summons was not served on defendant.
Mr Henderson said there was an appearance by counsel, and regulation 19 provided for serving the gioler or officer in charge of the gaol, and this had been done.
His Worship held the service and appearance sufficient.
Mr Henderson, explaining the accounts on which the claim was based, said they had been running from 1888 to 1895. Plaintiff was examined at great length upon the claim, and stated that he and defendant had come to a settlement in January, 1888, when there was a debit balance on defendant's account to the amount of £5 2s. A little later he lent defendant £7 10s to pay his threshing hands. All the goods charged for were delivered either to defendant or at his request. The I.O.Us were not charged for, and all moneys paid on account had been credited, as also were any goods supplied to plaintiff by defendant.
Cross-examined by Mr Hanan: Was claiming for £134 9s 9d, and had rendered several accounts to defendant — one of them while he was at liberty and the other since his incarceration. The first-named account was for £228 12s 3d and witness sent the other accounts to Keown, on August 8th, 1895. The second account, up to June 13th, 1895, was for £106 9s 3d. The last account sent was made up to June 13th, 1895, and was for for £228 12s 3d. The discrepancy between the two accounts for similar periods would be explained by the books. His son had made up one account and had omitted several items. Many of the items appearing in the day-book were not dated, because they were for "nips" at the bar and were not recoverable by law. In the ledger "nips" and bottles of liquor were frequently entered as one item, dates being omitted sometimes. Those serving in the bar made entries of what goods were supplied upon slips of paper, the entries in the book being made from those slips later. Would not swear to the correctness of entries made in the book by others of his household. It was carelessness on witness' part in not entering dates with the items charged. The first account — for £228 12s 3d — was the correct one, although witness was not suing on it. Defendant had never disputed any accounts rendered to him from time to time. A number of the entries in the ledger were made by witness' wife, who was now dead, the barmaid and his son.
Mr Hanan contended that entries made by a deceased not at the time of the delivery of the goods, or within a reasonable time afterwards, therefore the ledger was not evidence of sale.
His Worship upheld the objection. The entries had not been made on the authority of the party making the delivery, and as evidence the ledger entries were not admissible.
Mr Neave offered to settle the matter for £15 without costs. — Mr Henderson declined to accept this, pointing out that about £60 of the amount was beyond dispute. He was prepared to produce evidence that defendant had admitted the correctness of portion of the claim.
Mr Neave said a letter had been received from Keown, in which he stated that he not only did not owe Macpherson anything, but that plaintiff was in his debt.
Cross-examination continued: There were several items in the account which he could swear to on account of the circumstances under which the goods were delivered. Remembered 36 gallons of beer being sent to Keown's house, also another occasion — a dance he believed — when a dozen bottles of porter and four bottles of whiskey were supplied.
His Worship suggested that if Mr Henderson felt confident that defendant hid admitted portions of the claim he should apply for an adjournment to produce his witnesses. — Mr Neave said that if an adjournment were granted they would get Keown down to give evidence.
Mr Henderson, in conferring with his client, said he had decided to apply for an adjournment.
Mr Hanan applied for costs according to scale, and deprecated the action of plaintiff in deciding to expose Keown in his present condition to the public gaze again. He doubted whether a Judge would grant the necessary order to secure Keown's presence at Gore.
His Worship coincided with counsel's view as to the pain it would cause defendant's family to have him submitted to the public gaze, but would not accept the responsibility of refusing the order. He suggested that Mr Neave should make a better offer than £15 to settle the whole matter.
Mr Neave offered £25, which Mr Henderson declined to accept, his client remarking that he had lost over £200 by Keown. After further discussion the case was adjourned for a month, costs amounting to £1 11s 6d being allowed. -Mataura Ensign, 25/7/1896.
The Balfour Liquor Case.
MACPHERSON V. KEOWN.
At the Gore S.M. Court this morning, the case John Macpherson v. John Keown, claim £134 93 9d, for liquor, cash, etc., supplied, adjourned from the 23rd ult., was called.
Mr Henderson appeared for plaintiff; Mr Neave for defendant.
Mr Henderson said the case had been adjourned for the appearance of the defendant Keown, and the production of a day book, referring to a portion o£ the claim from January, 1895.
His Worship said that was not so; the case had been adjourned for the production of defendant, but as he (Keown) was not forward apparently Mr Henderson now wished to introduce new evidence.
Counsel for the defence objected to the course proposed to be pursued.
Mr Henderson said he was willing to abandon the items up to October, 1890 (£3l 2s 6d) with the exception of the cash lent, £11 9s, and an item of £2 for rum and whisky.
His Worship said this was exceedingly irregular. Plaintiff had had his opportunity to swear to this particular item last time, but could not do so. Now he saw the hopelessness of attempting to prove the smaller items, and picked out the one big item he considered he might reasonably be expected to remember. He would refuse the evidence.
Mr Henderson said Mr Macpherson had not had the opportunity of inspecting the books on last occasion, and so couldn't refresh his memory.
His Worship declined to go back on the evidence, but would hear any fresh evidence Mr Henderson had.
Mr Neave: Subject to the right of adjournment.
His Worship: Certainly.
Plaintiff deposed that the book produced had been kept as a day-book in the bar. All the entries except one in Keown's account appearing in the book were made by witness. The entries were made at the same time that the transactions took place. All the items were supplied by witness excepting a bottle of whisky entered up by the housekeeper. These accounts amounted to £6 l6s. From October 1890 to 1895, no one in the hotel had authority to sell on credit, and all the items charged against the defendant appearing between these dates were supplied by witness. In books Nos. 1, 2 and 3, all the entries appearing against Keown after October, 1891, were in witness' handwriting. No credit was given by anyone except witness. Witness had not been absent from the hotel long at any one time.
Mr Neave protested that it was unfair that he should be called upon to take the responsibility of cross-examining the witness at the present juncture. New matter was imported into the case by plaintiff, and the defence had been taken by surprise by the course pursued.
Mr Hawkins said that the case had assumed an extraordinary phase. It seemed very strange that if Mr Henderson had the proofs in his hand at the last hearing, that he should have submitted to an adjournment. Under the circumstances, the defence should have access to the books under the supervision of the Clerk of the Court. The Court had been misled in the matter by the plaintiff.
Mr Hawkins entered a strong complaint against the manner in which counsel got up their cases. He did not know whether it was the fault of the counsel or their clients, but, all the same, the time of the Court was wasted, and the business was hindered, instead of assisted, by counsel. The case would be adjourned at the expense of the plaintiff for two weeks.
The Court then rose. -Mataura Ensign, 20/8/1896.
On the resumption of the case the judge, owing to the "unsatisfactory system of book keeping" on the part of MacPherson, ruled the publican's books as inadmissible as evidence and declared a non-suit.
A large number of residents in the Gore and Waimea Plains district, petitioned His Excellency praying for a reduction of the life sentence passed on John Keown in 1895. The Under-Secretary for Justice has replied intimating that his Excellency did not see any sufficient reason for acceding to the request. -Clutha Leader, 6/2/1903.
We understand that His Excellency the Governor has been pleased to pardon John Keown, of Balfour. Mrs Keown went north to-day to meet her husband on his way home. -Mataura Ensign, 1/10/1903.
John Keown, of Balfour, serving a life sentence for the murder of H. Stewart in 1895, has been pardoned by the Government. Keown met with a severe accident about 12 months ago, and has spent much of his time since then under medical treatment. -Western Star, 9/10/1903.
MAGISTERIAL.
GORE. This Day. (Before Mr G. Cruickshank, S.M.) I).
John Keown (Mr Inder) v. Susan Keown. Application for security for payment of £1 a week as maintenance. By consent the order was agreed to be sent to the Registrar, of the Supreme Court, Invercargill, to be registered against defendant's land. -Mataura Ensign, 9/2/1905.
FUNERAL NOTICE.
The friends of Mr and Mrs John Keown are respectfully invited to attend the Funeral of their late daughter, Priscilla Irene, which will leave their residence, Cattle Flat, for the Balfour Cemetery at 1 p.m. on MONDAY, November 25. -Mataura Ensign, 23/11/1907.
DEATH.
KEOWN. — On August 27, at her residence, Ardlussa, Balfour: Susan, beloved wife of John Keown; in her 80th year. -Mataura Ensign, 28/8/1920.
John Keown survived his wife by five years.
A brief look at a modern map shows the ongoing influence of the Keowns on the landscape. The farm known as Ardlussa is still there, as are the names of the Ardlussa-Balfour road, Riversdale-Ardlussa road and the Ardlussa Cattleflat road. Koewns Bridge road crosses the Mataura River by, presumably, Keowns Bridge. The Keown family still live in the area.
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