THE MERCER MYSTERY.

Auckland Star, Volume XXXVI, Issue 12, 14 January 1905, Page 6

THE MERCER MYSTERY.

WILLIAM anJItTON CHARGED WITH BZTTSDER. I TRIAL AT PUKEHOHE. (By Telegraph.—Own Repoitei) PUKEKOKE. this day. Mr H. W. Xorthcroft. S.M.. was" occupied at the Pukekohe Court until five o'clock yesterday afternoon, hearing evidence in tho charge preferred against William Murton that on January 3, at Mercer, he did murder one Mary Dundoon Dillon. The Hon. J. A. Tole prosecuted on behalf of the Crown, and Mr F. E. Baume, M.H.R., appeared fnr the accused, instructed by Messrs Kussell and Campbell. In addition lo the evidence published yesterday the following testimony was taken : — Frank Ghnblett deposed that he. saw Murton outside Ills hotel at Mercer , about 3.30 o'clock on January .3, holding a herse by the bridle He was very slightly under the influence of liquor at the time. He appeared excited in the bar previous to that. Witness did not know at what time witness left the hotel. It would be about 3 o'clock when he .saw prisoner, and considered lie appeared excited. That would bo a quarter of an hour before witness saw prisoner talking to his brother. Dorothy iSmith deposed slip was a waitress at the Railway Hotel. Mercer. Prisoner had tea at the hot'l .1 six o'clock on January 3. He was slightly under the influence of liquor at that time.

By Mr Baume: Prisoner was quite j civil, and did not show signs of excite- , n.ent, being then well able to take cure of himself. Prisoner merely appeared j to have had a drink or two. J Margaret Robinson, aged 13 years, de- I posed she went to Mrs Dillon's house 011 j the day in question twice. The first. j i time was between 2 and .'l o'clock in the afternoon. Mr Gillies and Mr Mclvor . were in the house at the time. Mrs Dil- | lon was lying on the sofa fully dressed, and appeared very ill. Witness asked, Mrs Dillon what was the matter. Witness did not mind going into the house. Mrs Dillon said she did not know what was the matter, and asked witness to sweep up the floor, light the fire, and , get fl lUg and pillow out of the bedroom | for her. She was lying on her right | side. Mrs Dillon covered herself c.irelessly with the rug. While witness was in the house prisoner came to the back door. Witness put Ihe blind up in the bedroom, and also put the one in the kitchen higher up. Both doors were closed when prisoner called. He knocked at the back door and asked if Mrs Dillon was in. Witness replied '"Yes,'' when j Murton said he wished to see her. and j told witness lo hold his horse. Witness •held tbe horse and prisoner went in and j closed the door behind him. but it was j not locked. About, live minutes afterwards cam" out. got on hi* horse and rode away without saving anything. Witness went in-ide Hie house again. Mrs Dillon was lying just, as witness had left her. She asked witness to ask Mrs Morgan for her hair net as she went home. Witness closed both doors before she went ft way. and tbe blinds were up. She had swept up the room, s-o there wa- nothing lying about the floor. There was no one about when -he went home. Witness returned to Mrs Dillon between -I and •"> o'clock, accompanied by her sister Kllcn. who was about seven years of age. They 1 entered by the front gate, and she no- . ticcd that the blinds had been pulled j down. A horse was lied to the fence. , Witness was close to tbe verandah, but . did not step on to it. She beard j something like kicking the tloor inside < the house. She did not hear any speak- i ins.'. Witness waited about ten minutes I before going info the house. The j kickins 'noiKO lasted about half the l time. She thought her sister also heard j the noise. She s-aw prisoner come out . of the front door. He appeared to her to have had sonic liquor. Witness sisk- I ed if Mrs Dillon wa> in. He replied, j "Yes; she is sleeping."' He did not say where she was sleeping. He told her to go inside without knocking. Witness ' and her sister went inside, and prisoner rode away towards Mercer, just as the five o'clock train came in. Witness saw Mrs Dillon lying <.v the sofa. The rug was fixed in a different way to that in which witness had left it when s-he went home. The rug was all even round Mrs Dillon. It was higher up on her body than before. By "even"' she meant that Ihe, rug was all straight. The right arm was hanging down. The Bench: Was she iv the same position as when you left her? Witness: She was on her >ide when I left her, but when 1 came back she was lying on her back with Tier arm banging down. Her left leg was slightly bent up. By Mr Tole: Witness asked Mrs Dillon if she was awake, but got no an-; swer. Witness touched her right ami. but got no answer. Mrs Dillon's eyes . were closed, and her mouth wet. Wit- j ness did not touch the rug. She alio I noticed that the room was not so tidy j as when she left it. The oil-cloth and | 'carpet were crumpled up. The hearth- j j rug had been alongside the fender at the . head of the_ sofa. It was all crumpled I up, and a box of nick-nacks alongside 1 I the window was all on tho floor as if they bad fallen off the table which was 1 I in " the middle of the lloor. , Some lollies were lying on 1 he floor alongside the sofa. Witness and her sister . did I not, disturb anything, but left the house. | j That was after live o'clock, as the train j 1 had come in. At a quarter-past seven 'witness again visited tbe house by her- | self. Kverything was still in the same I position. Mrs Dillon had not. moved. Witness asked if she was awake, but j I got no answer, so she returned home again. Later in the evening her father and another gentleman went to JNLrs Dillon's. By Mr Baume: When she told Mr Gilj lies she was afraid to stay, it was because Mrs Dillon was s:> sick. Witness ! was not afraid Mrs Dillon would die. I She promised to get her mother to go to Mrs Dillon. Witness did not get any bread and milk, as Mrs Dillon told her not to mind, because she could not eat anything. Witness stayed in the house about half au hour after iir Gillies went away. It was about 2-5 minutes after Mr Gillies weul away before Murton ; arrived. Witness went home almost iminediatelv after Murton went away on the first occasion. By the Bench: Witness did not see Mrs Dillon vomit while she was there. When she tidied up she did not see any lollies lying about. When she went the second time there were about six lollies lying about. * Ellen Robinson, being about seven years of age, was not sworn, but made "a statement. In answer to Mr Tole, she said she remreanbered going with i-er sister to ___s Dylan's _j_*_e one.

afternoon. She hoard a train whistle, but did not knot? which way it was going. When they were near the verandah she heard kicking inside the house. A horse was at tSe back of the house near the fence- x She saw tie blinds of the house were down. She saw Bill Murton (pointing to prisoner) come out of the house. Maggie asked where -was Mrs Dillon. He she was inside sleeping, and icld them to g-o in and make no noise. They went in and up to Mrs Dillon, and asked her to speaic to them. Maggie touched Mrs Diliun's arm, and told her to get up and speak to them. Mrs Dillon did not speak. The oil-cloth was all dragged up against the fire fender, and so was the hrsrth rug. It was all crumpled up. A HttJe cigar box was turned upside down. There were some pink loHies on the floor near the sofa. They went home when Mrs Dillfvn did not sneak.

Henry Robinson, residing at Mercer, deposed to visiting Mrs Dillon's house in company with Mr Barron about II o'clock. He kucvr Mrs Dillon. She was between ')"> and (JO years of age. The front door was open. He railed Mrs Diilon, but getting no answer they went inside, and lit a candle. He found Mrs Dillon lying on a sofa covered with a rug quilt, which ws.s fixed tidily about her. Ti was u;i to her neck, and barely reached ncr feet. Phe was lying on her bade. Witness caught hold of her arm, and found she was dead. There was froth about her month, and her left, leg was ;>. little bent up. The room was in a pretty rough state. A lot of things were strewn about the room. He did not disturb anything when he found the body cold, llr secured the door, and left the room untouched. Constable Wfitermnv arrived by the 10-30 train that night, and they reported the matter to him.

By Air Baume: Both front and back doors were open when he visited the ! honse with Mr Barron. He knew there I was a prohibition order against Mrs ] Dillon. FTp received the note from the Maori. His daughter told him she. could j nest make Mrs Dillon speak to her. He would not go over to tlie ho.ise by himself. He preferred to have company. I His wife asked him to go oves- at- 0 I o'clock. j j Air Baume: Why did you not go be- ! fore? "I would not go there alone." "Rut why?'' "Because I would not."' "Yes. but why?"' "Well, supposing T did go alone and j nut with what I did. God knows -what people might pay about mc' "Rut why not have gone?" "T decline to answer that question."' "Thee must be some reason."' "1 think it very unfair to ask mc why T did n.;t £o. What should take mc lucre when there were others at the house to look after her?"' "Who?" "Weil, there were people there wbo had ns much right to look after her as I had " "Why did nol your wife go?" ! "She just said she would not go. hut ishe did not say why. Yon can ask her." I dohn Barron, sawmill hand- oorrobora lei tbe last witness' statement about visiting the house and finding Mrs Dillon (ieurl. William Henry Booker, flsixmiil hand, j Mercer, depose! that at '2.30 o'clock on i Ihe day in question he was with Scott l linn ter. jun.. on the road that passed; .Mrs Dillon's house. When passin_» t'hc I house lv- saw a number of persons on (In- road—Mcfvor. Ogilvie. Gillies, and Ihe prisoner. McTvor went away with Ogilvie. who was about n chain in front. Mr Gillies and Ihe prisoner walked along tin 4 toad. Mi Gillies asked witness if he lived rciuiic! Mercer, and said. "You ought to look in to see that old woman in there: sheV Very bad." Witness replied ; thai she had ;t pro.iibi'ion order out I again."! her. and it, was nol place lo look sifter her. Witness went to -Huntpi's farm, and returned about AS.Q i o'clock in company with several of (he | Hunters. Witness noticed a horse tied at the side of Mrs Dillon's house. Wilj mess went on to Mercer, and 2"minules afterwards Murton toilc into ihe bote, yard. He thought that would be about i 5."0 o'clock. I By Mr Baume:' Witness did not sec I the •"> o'clock train come in. Tt was j possible the train arrived there before he did. but if it. did it must have been early, as he did not think it was ."> o'clock when he got. to Mercer. He would not swear it was not 5 o'clock. When Mr Gillies said someone should look after the old woman he did not see that it was his business to do so. Mr Baume: "Was there anything in her surroundings or herself to prevent you going?"' "[ have often heard her talked about. and she was oflen drun- about, the district."' Mr Tole: "Only a poor drunken woman. It docs no- matter, I suppose- You ore making 'her out to be drunken." Mr Baume: "'Well. Ihe witness says she was drunken." Mr Tole: "That is no reason why she should be slain." Mr Ratline: 'Neither should an innocent person be accused of slaying her."' ITo witness: "Was it because she bore, a bad name that you would not care to go ;to her assistance?' I—"Yes."1 —"Yes." j Mr Tale: "What do you mean by a ,bad name? Was it for drinking?" "Yes.'' I "And tlrat only?" j "I don't know of anything else." Mr Baume: "Still, you did, not go to her?'' Witness: "t thought I was better away." i Mr Baume: "And the others were of i the same opinion?"' j "I don't know anything about that." I The Bench: Taking too much liquor is all you knew against her, I suppose?" j "All r knew of." The Bench: "I have had a good deal to Ido with her in the past, and I never j heard anything agaynst her but tlie. drink. That docs not mean n person iimsst be bad also. I have known her for live years. She was at one time carelaker of a bank. I mention these facts because she is dead now, and has no on« to defend her." Mr Baume explained lhat he was forced 10 refer to this matter, not to defame the character of a dead woman, but because there were certain marks upon her body, and it might be they could be shown lo be the result of a drunken woman lying about, and not the outcome of -an assault, which was an important matter to the man who stood charged with such a serious ofl'ence. At 5 p.m. the Court adjourned until Saturday morning, there being still six witnesses to examine.