THE MERCER MYSTERY.

Auckland Star, Volume XXXVI, Issue 13, 16 January 1905, Page 3

THE MERCER MYSTERY.

TBXAX AT FTJKEEOHE. ACCUSED COMMITTED FOR TRIAL. The hearing of the charge against William Mnrton of having murdered Mary Dundoon Dillon occupied the Court at Pukekohe until four o'clock on Saturday afternoon. Mr H. W. Northcroft, S_*L. was on the Bench, the Hon, J. A. Tole prosecuted on behalf of the Crown, and Mr F. E. Baume. M.H.R., appeared for the defence, instructed by Messrs Russell and Campbell. The first witness called in the afternoon was Dr. James Dalziel, who deposed that he resided at Pukekohe. He visited Mrs Dillon's dwelling on January 4at 2 pjn. with Detective Meli-peney and Constable Waterman. The floor of the jooin was in a state of disorder. The coverings of the floor were huddled up together. aDd in one place a lot of small articles were scattered about. Some jofjies wrrp on tlw iloor near the couch. 9ome of the lollies had been crushed under foot. Some washed clothing was on the table, also two glasses, in the bottom of each of which was some liquid of the colour and smell of beer. One glass was near a chair, and the other at the further end of the table. The body of Mrs Dillon was lying on a couch, the bead resting upon a pillow. The right arm was hanging down towards the floor, and was livid in colour. , There was frothinjr at the mouth and nostrils, which might have all come from the nostrils. The eyes were closed, and the body covered with a rug. He removed the rug and then found that the skirt had been all drawn up about the krwer part of the body, both underneath and in front. The under clothing was torn. A portion was an old tear and worn, the remainder being a new tear. The stocking and the garter on the rio-ht leg were pushed down to the ankle. The body was lying on its back with the right leg straight down the couch. and the left leg drawn up. bent at the knee. Witness then described the various marks on Mrs Dillon's body. Mr Tole. Were the marks recent? Witness: Yes: of recent formation. Later in the day you made a further examination ? Yes. and found the marks as described. He found deceased had a Gritty heart, enlarged, and a fatty liver, kidneys also showed slight fatty degeneration. There were no other signs of disease, but the stomach was inflnmed. There was no food in the stomach cr bowels. He knew Mrs Dillon had a weak heart, bavin" examined her last year. She often complained about hex heart. She believed she would die from heart disease. Mr Tole: What, in your opinion, was the cause of death? Heart failure, caused by shock or exhaustion. Due to what? Mr Baume said that was a matter of | evidence. That was a matter for a jury to deduct from the evidence. The doctor had given his medical opinion as to the cause of death The Bench decided that the witness might answer further on the matter or opinion as to the cause of death, and Mr Baume could object if it came to the j Supreme Court. Mr Tole: What, in your opinion, was ! the cause of the exhaustion, judging from what you saw? Witness: From the marks on the body of the deceased, I believe that before she died she was criminally assaulted by some person; that this, if resisted on j her part, might be followed by exhaus- j tian sufficient to cause failure of the j heart's action, or there may have been exhaustion from vorrJting from the in- I flamed condition of the stomach, which i may also have assisteri in bringing this j about. The fact of tiere being bruises implies resistance on the part of the j vsoman. By Mr Baume: There was a larger ! bruise on the left side, about the si?e i of a hand, above and behind the hip , joint. That was an old bruise. There I was an impression caused by a hand on J the left arm just below the elbow joint, j lir Baume: Is it your opinion that | irapresticia was made ahortlv before death ? Witness: I believe so. Having made an examination of Murton's hand you say that impression was caused by a smaller hand than his? Yes: that is so. I am certain the impression was made by a hand a quarter of an inch smaller than Murton J s. You knew Mrs Dillon well?— Yes. Vdi she addicted to excessive alcoholism?— Yes. Would that account for the internal | condition of her body?—lt would be consistent with it. But for the position of the woman's legs, and had they not been uncovered. you having previously examined her for her heart, would you have given a certificate as to the cause of death? In the absence of the accompanying cir- ; onusta-Dces I might have done so; that j la, I would then have had no reason to think that an assamlt had been committed. I By Mr Tole: It was the custom to in- j quire into surrounding circumstances be- t lore giving a certificate as to the cause of death. Mr Tole: In tins case you are satisfied ! that an assault has been committed? I Yes; shortly before her death. j The Bench:* Would the whisky given ' >f Mr Melvor when she fell down cause the vomiting? Witness: Her stomach was in such an inflamed condition that it would not have retained anything, hence the vomit- ; »g after the drink of whisky given by. ' Melvor. j Bench: She had ceased to vomit when ! Ott girl Robin.son was there, and seemed j to he reposing comfortably, as she said ! !he could not take bread and milk. Would the vomiting after the lapse of j ™c he likely to cause death? Witness: It might have done so. *>° you think it probable? jou see the assault Bench: I do not ask about the assault Bow. in l! U 1 C ' int SaY n woul d nave done w. but it might have done so. * seemed to mc that after so long a P s * of time, lying in a recombent posi- *>", the danger from the vomiting had unless she had further vomiting <* further exhaustion. Sne may have been so exhausted that « dropped into a sleep, and died in death P " !t does n ° fc follow that Sider\r oCtid Come ' but y° u must con ' the element of the assaulttoe 1. jj° you think was the cause of n ?art failure? I beli T erythin » into consideration, ed dwd through being assault*hilstti tel J" after the assault - OT DeW- was bein ? committed, posed t ? Icllveil ey was called, and deMrs Dillon's residence If r «m« V* Januar 7- He was prepared thehor £° describ e the interior of th, ZLX" tb -e position of the body, and "»"« pointed out by Dr. Dalziel. ,

It was dfiddßd-not to go rwer-that matter agaua, v being understood that if required the witness could give the details at the Supreme Court in the event 01 the accused being committed for trial. Continuing, witness said he went to the Courthouse at Mercer, and -saw the prisoner. Witness said to him: "I'm Detective McDveney, and I am going to ask you a question, but before doing so you to clearly understand that • anything you say to mc may be used , m evidence against you at your trial. I want to know if anyone accompanied you when you visited Mrs Dillon's yes- ' terday." Prisoner then made a statement which witness took down in writing at , the time, and read over to the prisoner. It was as follows-: Mr Barrme objected to the statement. being accepted, quoting authority to show that on the arrest of a prisoner the constable has no right to ask questions of the prisoner, and if he does such answers have no right to be used against him. Mr Tole: I am prepared to argue the point. The Bench: Would rfc not be better to do that at the Supreme Court? Mr Baume: Provided you only admit it subject to my objection. The Bench: That will be noted on it. THE PRISONER'S STATEMENTThe fallowing statement was then read as submitted in writing by the detective:—"l went to Mrs Dillon's about 2 p.m. with Mr Gillies, flax mill owner, and Dan Somerville, flax mill hand. We went to the paddock to catch our horses, which had been hired by Mr Ogirvie, bench loader at Mr Gillies' flax mill. The horses were caught, I don't know who by, and when we got them we went from there to Ned Martin's farm to get two horses, one of which was hiret? by mc. and the other by Somerville. Somerville. Gillies, James Butterworth, and Ogilvie went on out to the flax mill, and I came back to Mrs Dillon's, and I asked the little girl Robinson if I could see Mrs Dillon. She said yes, and held my horse while I went in to see her. I remained talking with her about five minutes, and came out and took my horse and rode on to Mercer. I went back to her. as I thought she had not been paid for the horses, which had been there for a good while. I just remained there a short while, and asked her if she had been paid for the other horses, and I got no reply from her, and I then left. That v-nuld be about 4 p.m. The girl Robinson came in the front door as I was coming out. When I first saw Mrs Dillon she was lying on the sofa, and I considered that she was drunk, and when I again visited her she was still on the sofa, and appeared to be in the same condition- There was no one in the house with Mrs Dillon during the time that I visited her." Detective McHveney said prisoner told him that he wanted that statement to go before the jury, and that it was all he knew about it. This concluded the case for the prosecution. Mr Baume asked His Worship if he considered there was a prima facie ease calling for an answer. The Bench said there was. It was the duty of a magisterial inquiry to see if there were facts requiring further inquiry. He considered that further investigation was necessary, as the accused ! appeared to have been the last person |in the house. The girl Robinson left | Mrs Dillon alive, and well enough to ip.iy she could not take bread and milk, and also to ask her to get a net. When jshr canie back the woman was dead, and ' she met the prisoner coming out of the | house. The safety of the law was in full and careful investigation, and that would be done at the Supreme Court. Prisoner reserved his defence, aud was committed to take his trial at the |Supreme Court. Bail was not allowed. j |