THE TE AWAITE MURDER.

Auckland Star, Volume XXXVI, Issue 18, 21 January 1905, Page 6

THE TE AWAITE MURDER.

HEARING IN THE POLICE COURT. STATION MANAGER GTA__ EVIDENCE. (By Telegraph.—rress Association.) WELLINGTON, Friday. At the Magistrate's Court this afternoon the hearing of the charge against John McKenzie, alias James William Ellis, of murdering Leonard D. Collinson at Te Awaite on March 26 of last year, was continued. William Henry Tisdall. gunsmith, pave expert evidence. He thought, after hearing Dr. Palmers evidence as to the nature of the wound, that the shot was fired from a .300 or .303 calibre weapon. The bullet which caused death was evidently an expanding one, and many rifles are chambered to take cartridges of the calibre mentioned above. A .303 cartridge could- witness said, be easily made to fit a .300 calibre rifle.

Alfred William Ross, who was with Collinson at the time of the murder, was next examined, bis testimony on the whole being a repetition of that given by him at the inquest.

Oliver Ashly Bunny, a young man. manager of the Te Awaite station, knew deceased Collinson, a contractor (for scrub cutting) and station hand. As a contractor. Collinson employed his own men. Witness had known accused since 1900. Accused bad at different times worked on Te Awaite station, both as contractor md workman. In February, 1904, Collinson had a contract with witness for scrub cutting. Witness arranged to meet Collinson on Saturday, February 27, 1904, to measure np the block. Before measuring, it was usual for a contractor to flag the lines. Collinson was then cutting at a spot about a mile away from where they were to measure up. On Saturday morning Witness went to the Kennels camp (Collinson's). and in consequence of what be was told, he went on to the spur, and waited till lie saw three men coming down Cole's Creek. They were McDonough. Walter, and Ross. Witness met them near Te Awaite River. Witness knew then that they had found Collinson"? body, and went for the police, telling them not to touch the body till the police arrived. Witness remembered accused working for Collinson in 1903. when the latter was camped at Waipawa knob. Accused ceased working for Collinson about May '25. being dismissed by Collinson on account of shooting a stag. Witness instructed Collinson to dismiss him.

Accused at this point took a particularly keen interest in the evidence, and smiled slightly.

Some time in January or February, 1903. witness had a conversation with ac-

r.;..~<1. who was then employed by Col-linso.-r The conversation was about coming on to Te Awaite. Witness first spoke t Collinson, who called accused over.

Witnesa exchanged "(.rood day" with accused, a d said, "It's strange you coming to w irk on Te- Awaite this season of the yt r. after leaving Glenburn, and telling .iv brother (manager of /Glenburn) th, t you Avere giving up scrub-cutting, a.- there was nothing in it, and you wore going to work in town. It looks as if you ame here purposely for the deer-stalkiuL season." Accused said: "If I wanted to get deer-stalking- I co. 'd get pleuty of stags without coming he* ' Witness said. "Th* t's all right. McKenzie. I just wanted to tell you what 1 thought." That, was all that said. Collinson had told witness aceus d was shooting stags. Witness direel d Collinson to dismiss accused. Ai the time accuse was dismissed (continued witness) he vas working ot Tora camp. I remember ■> about .June, 1903, it was reported to mc hat a sheep bad been killed under suspicio. - circumstances. The sheep was fonnd n. ir t.htjnnction of Cole's Creek with th. To Awaite River. Accused had no rigln to be there. The sheep had evidently be. i shot, and portions had been removco The body had been put into a waterhole and covered over with tawhina nnd manuka. He had some conversation with Collinson about the sheep. Mr Myers: What did Collinson say? Mr Wilford objected. He contended this was not evidence, and should be ruled out, even if His Worship had only a doubt on the point. It should be left to the Supreme Court to decide. Mr Myers said he had no desire to prejudice accused by introducing unfair evidence, but it was important both in the interest of the Crown and prisoner that the. fullest evidence, should be taken in that Court. This was important in the case of a. charge of murder. He proposed to ask this question: "Did Collinson name anybody as having shot the sheep?" Mr Wilford: That is more objectionable than a straight-out question. His Worship said he preferred to rule the question <«it. an 1 leave the point to be raised *«d decit'ed in the Higher Court. Mr Myers: What sc rt of man was Collinson? Mr Wilford objected. Mr Myers: Was he a poj ular man? Mr Wilford objected. Col.lnson 'niipht be a dove to some and a, racing lion to others. A general statement .«y witness -vas not relevant. His Worship thought the ques.ion had better not be put. Witness said at the time of Collision's death some of the stags would be ii a condition to shoot, some would not. He believed licenses were issued as fr m February 1. Denis Itcanlon. a labourer, of Mas' ertou. said he had known accused for '20 years. At Christmas. 1903. witness s. id accused were_ at Martinborougli. CVliuson there told witness that Ellis hat done ]•> years' gaol lor what was known :is the Greytown job. Accused afterwards said he would have revenge, for statements made aboul this matter. •Tames South, a shearer, deposed that he worked at Cole's Creek camp in 1903, and saw Ellis there while Collinson was away. Accused said Collinson was not too bad to work for. He asked why accused had left Collinson, and the answer was that accused supposed it was because he had been shooting stags. Accused further said he would settle him some day. He was then speaking of Collinson.

John Herlihy, a labourer at Te Awaite, said that while at Martinborough during December. 1903, accused told him that lie would do for Collinson. and on beintj advised not to said: 'Never mind, von'll see." \

Frederick Jackson, who lives on Glenburn station, deposed that he had heard accused blame Collinson for gettin<- him discharged from Te Awaite. The" rifle produced witness believed to be his. It disappeared from bis camp, and in its place was a written message, endowed in a rxthacco-poruak. which witness had

given to accused some time before. The message read: "I have taken your rifle. 1 will either return it, or pay for it." The message was signed J. McKenzie. In reply to counsel for accused, wituess said he knew the previous witness, Herlihy, to be a notorious liar. He would not believe his evidence. To Mr Myers: Witness said he remembered accused once saying that Collinson wanted a bullet stuck into his skull, aud that he would square accounts with him some day. Oliver Bunny, recalled, said he had always found Herlihy truthful. The hearing was then adjourned.