THE WAIROA TRAGEDY.

Auckland Star, Volume XXII, Issue 82, 8 April 1891, Page 8

THE WAIROA TRAGEDY.

ACCUSED OF MURDER.

FLOYD BEFORE THE POLICE COURT. Thomas Floyd, or Fry, or White, or 0 llara, or Moore (for he calls himself all these names), was this morning brought ' before a bench of Justices at the Police Court, consisting of Messrs S. Y. Collins, McLachlan, and W. Lodder, charged with having wilfully and maliciously and of malice aforethought, killed one William Vcitch, ab Wairoa South, on the 23rd March. Mr Hudson Williamson, instructed by the police, appeared for the prosecution, and Mr H. Shortland for the accused. The prisoner is a strong-looking individual about sft sin in height, of medium build. Ho was dressed in a blue coat and rough working shirt and trousers. He stood in the dock testing his left arm on the railing, occasionally shifting hi 3 hand to his cheek, and spitting regularly as if he were accustomed to a quid of tobacco in his mouth. But he certainly took little interest iv the proceedings, looking on with a vacant stare, becoming a bit lively if anyone rose to say anything, and apparently far less sensible of his serious position than is many a man charged with drunkenness of his. Mr Williamson in opening the case stated the circumstances as they would be disclosed by the evidence. Tho murdered man Wm. Veitch was a sattler in Wairoa South, an old man 75 years of age. On two or three occasions ho had employed the accused to do farm work. On the evening of 23rd March Veitch waa sitting with his housekeeper, Mrs Patterson, and heard the voice of accused calling him. He wont out. Ib was a light nighb. According to Veitch's statement accused came up and accosted him, and then accused nob upon him and assaulted him so that ho became semiunconscious. He felt his pockets being rifled, and his watch and a copper token were taken. Mis Patterson found him. Mrs Patterson would also say that she recognised the voice of accused. Veitch died eight days later. Drs. Bewep and Carolan would state thab death was the result of the assault. _ A stick had been found near tho place with blood and human hair on it. Tho watch was found iv a lodging often occupied by the accused, a loft belonging to Mr Bain. He did nob sleep in this loft on the night in question. Accused did not usually wear a watch, but on the night of the assault, at a later hour, he was seen with one. Mr Shortland objected to the admission of the depositions as evidence, as they tiad been taken touching a charge of robbery and not of murder. He referred to the case of Kcgina v. Faycz, in which the depositions had not beon admitted as such, but merely as statements. He had no objection to Voitch's statement being admitted as a statement.

Mr Williamson replied thatthocasoquoted was not like the present, in that tho depositions had been taken a long while before the man's death. These depositions wore taken before a regular sitting of justices, and deceased gave evidence in the regular way. Accused had an opportunity of cross-examination. Ho quoted the caso of Reginav. Lee. The man was nob dead, so the depositions could nob well be touching the trial for murder.

Tho Bench stated thab tho depositions would be admitted ; bub ab Mr Shortland's request the point was noted. Daniel Crawford, J.P., of Wairoa South, wai the first witness. He deposed to bhe taking of the depositions. They were takctrbeforo himself and Mr Bell, another justice. Detectivo Chrystal asked the deceased tho questions and wibness took down the answers for a time, but as deceased was a Scotchman and could understand witness better than tho detective, witness asked tho questions and the detective took the answers. Tho depositions were signed by wibness and Mr Bell. Accused did not ask any questions. Witness Baid to him, " You arc at perfect liberty to ask any questions you like, but you need not do so," Accused replied, " What is the use of my asking any questions oil'that man in tho state he's in?" Veitch was sitting on tho bed, and had his left eyo closed up. Veitch without his attention having been drawn in any way to the accused, pointed to him and said, *' Who's that ?" Constable McKnight then led ovor the prisoner, and Veitch said : " Isn't that my man ? Isn't that him ?" meaning, as wibness thought, that it. waa the man who had attacked him. Witness said, " It's for you to say who it is, not for me." Veitch then said : " 1 should say it's the Mexican." Witness was cross-examined by Mr Shortland. He identified the watch as the one produced at the inquiry. Veitch was quite sensible at tho timo of the inquiry. His depositions had been taken once "bofore by witness whan [it was thought he would die. Tho depositions before witness and Mr Bull were taken on the 30th March. Veitch did nob at tho time think ho was dying. VEITCH'S DEPOSITIONS. The following aro tho depositions of VVilliam Veitch, the deceased, as taken before .Messrs Crawford and Bell, J.P.'s. Thoy read to be " the examination of William Veitch taken on oath thia 3CCh day of March in the year 1891, at Wairoa South in the presenceand hearing of Thomas Fry, alias Floyd, who is charged for that on the '-'3rd day of March, 1891, at Wairoa South, did feloniously and violently assault ono William Veitch, and one watch and one penny of the goods ot Veitch, of the value of £3 15s, did from the said Veitch feloniously steal." William Veitch, on oath, paid : ',' I am a farmer, residing at Wairoa South. 1 remember Monday, 23rd March, 1891, about eight o'clock. On that night 1 was sitting in the kitchen reading the newspaper. Mrs Patterson. my housekeeper, wag sitting in the house also. I heard a man calling out, ' Here is a latter tor you.' I put on my boots and wont down across the creek, but could not see anyone. I went past the bridge about 10 yards, and theman called me back. I went to the bridge and saw a man near the bridge. The man struck me with a piece of iron or a piece of wood. I saw the man before, and I knew him by the name of ' Mexican.' He worked for me one day. Johnny Henderson and James Hendorson worked the machine and Mexican was tying bhe oats. I paid the men on the evening of that day. It is more than a month ago. I have seen the Mexican since that day atMcClymont's store, and he said he would come to do some thrashing for me at 6d or 7d a bushel, but he did nob come then. I am sure I knew Mexican's voice when he called me back at the bridge on Monday night, 23rd March, 1891, and I have no doubt it was he who assaulted me. When he called me I came back to him, and he knocked me down in a moment with what he had in his hand. He struck me several blows after I was knocked down. I think it.must be with a stick he struck me. I had my watch with me when he first called me out. It was in my watch pocket in my trousers. I had only one penny in money, which was in my trousers pocket. I think it was a new penny. After I was assaulted Mrs Patterson, my housekeeper, came to me and helped me to creep home. ' After I gob home I found my watch was gone. I missed it out of my trousers pocket. I did not trouble to look for tho penny. I was very bad. I am positive I had the watch when I was assaulted. I would know the watch again out of fifty watches. It was made by a Liverpool firm, Stewart Dawson and Co. It was given to me by my son, Muir Veitch, some four years ago. The watch produced is my property, I identify tin; accused, Thomas

Fry, alias Floyd, as the man Mexican who assaulted me on the night of the 23rd March, 1891. his William x Veitch. mark Daniel Cp.awvord, J.P., James Bell, J.P. Dr. Edward A. Bewes deposed that he visited deceased on bhe 24th March, at his home in Wairoa. He was then suffering from several incised wound 3on bhe bead, and there was extravasation of blood on the right and left orbits. The left eye was completely closed. The jaws and lips were also hurt, and there was bleeding from nose and lips. The nasal bone was fractured. Two bones of the right hand wero fractured. The pulse was weak. Veitch was conscious, but in a dazed condition. Tho wounds might have been caused by the stick produced, an ordinary titr.ee stick about twenty inches in length, and an inch in diameter, with some knobs on ib. Witness saw Veitch later, and lie appeared to have . improved, but the pulse was still weak. He feared then thab he was suffering from congestion of the lunge, but could find no symptoms. There was partial paralysis of the left eyelid, caused by the wound. On the 29th he was much thesame. On the 31st Veitch died. On tho Ist April, witness or Dr. Carolan made a post mortem examination of tho bmdy. The heart was small and empty, and the bases of both lungs were congested, while tho left lung was adhering to the pleura. Witness attributed thedeathto the loss of blood and tho shock to the system from the injuries on the head. The witness was cross-examined by Mr Shortland : Deceased could not see with the left eye, but he could see with the right.