NELSON ST. AFFRAY.

Auckland Star, Volume LX, Issue 204, 29 August 1929, Page 10

NELSON ST. AFFRAY.

CAFFERY IN THE DOCK. CHARGED WITH MURDER. POLICE COTTOT PROCEEDINGS. WITNESS ORDERED TO STAND DOWN. At the Police Court this morning before Mr. E. C. Cutten, S.M., George Caffery, aged 34, a'New Zealand labourer, was charged that on August 2 last at Nelson Street he murdered Thomas G. Levy, a middle-aged man, a labourer employed by tho Fletcher Construction Co.

Mr. V. R. Meredith conducted the case for the police, and Mr. J. F. W. Dickson appeared for Caffrey. R. W. H. Riddle, draughtsman, of the Public Works Department, put in plans of the house, No. 119, Nelson Street, where the alleged murder was committed.

Arthur Langstone, of St. John Ambulance, told how he had- been ning up shortly after seven p.m. on August 2, and how he had conveyed the dead man to the hospital. The man was bleeding profusely from a wound in the groin. Witness treated the man as being alive, but actually thought he was gone. When the hospital was reached the doctor there said Levy was dead. Witness did not see any knife about when he was at the house in Nelson Street.

Dr. Griffiths, one of the resident medical officers at the hospital, said Levy was dead when the ambulance readied the hospital. There was a wound in the right side to which a tourniquet had been applied. Dr. Gilmour, pathologist at the hospital, who made a post-mortem examination, described the wound and the bloodstained condition of Levy's clothing.

In addition to the wound in the groin, about two inches and a half deep, which severed the femoral artery, there were also a couple of knife wounds on the left forearm. One of the wounds on the arm had cut one-tenth of an inch into the bone. Witness produced photographs showing the Wounds in the body. The police produced an old clasp-knife, with a blade about five inches long and ground to a point. Dr. Gilmour said the wounds on the Corpse could have been caused by Such a knife. An Odd Witness. George Frederick Cole, hawke"r, Baid 11&, Nelson Street, Was a four-roOtiied cottage. He was living there on August 2 last with Levy, Carmody and another man named Gallot. He knew Calft-ey. Oil ,the evening of August 2 witness got home at about 5 and Levy was then getting the tea ready. Levy was in his usual good State of health. There Were two lady visitors after tea. Hβ did not know the names except that they were called Lavina and Betty. Levy, witness and the two Women Wefe sitting round the fire in one of the front rooms.

Mr. Meredith: Had yon any refreshment there? , ...

Witnessi Yes, I brought a. "rigger" home and eix small bottles of stout.,

; Continuing witness said whilo they were sitting there Caffrey canio in. Hβ must have entered by the back. .He said to witness, "Come here, George, I want you." Witness Said, "No, I'm'not going out there." Caffrey repeated the invitation and witness said, "No , , I'm not going out there; take your hook." Caffery then said, "All right, I'll get you." Caffrey then went out. Afterwards Carmody and Gallot came in and sat down* Then there was a knock at the front door and Levy went to see wh'c it was. Levy opened the door and said, "You're-not coming in here; get out!" The man said, "I'm coming in." Mr.; Meredith'! Who Was the man? Witness: There he is* in the dock. The witness Went on tc> say that Caffrey tried' to push ill; and Levy tried to push him out, and that was the end of the section. Then witness was going down the passage to get two glasses so that Carmody and Gallot could have a drink, and had got as far.as the steps when he heard Levy call out, "Dave, I'm stabbed!" He Could Hot say whether it was- Oaffrey who had COme back. He did not know the otner man at the door. Mr. Dickson: * I'll have . that taken dowiii pleaee. Time to Recover. Mr. Meredith to witness: How much liquor have you had this morning t . Witness: Oh, a couple of pints. Mr. Meredith said it was obvious that the man was obviously not in a fit state to continue his evidence. The best thing would be for him- to stand down so that lie might have time to recover. Mr. Cutten: How are you going to make sure that he would not get more? Mr. Meredith: He might have an eye kept on him. Mr. Cutten: The man had better stand down and someone Can" keep an ey© on him. •• Witness (quite cheerfully); "Right oh!" and he was escorted to a side room. The Guests.

LaVina Foster, a respectably dressed single woman aged almost 30, said she lived" in Wellington Street. She and her friend Betty Rushworth were at 119, Nelson Street on the occasion in question. She never heard anyone come to the door. Later a man came in and spoke, to Cole. She had her back to the door and just gave a glance round. He Was a dark man with dark eyes. Witness corroborated, the account of the conversation- given, .by > Cole.- She then looked up and saw... accused, After Carmody and the other man came in there was.a, knock and she heard Levy saying to someone, ''This is my house" She saw Levy waving his.arms as though he were pushing someone out. Then she heard Levy said: 'Dave,.he's got a.knife at me!" . tievy then walked in, fell on the bed, and said "I'm. done!" . That was all she heard Levy say. ' Then she said to her friend, "Let's go home," and they left the house. * She did not see anyone outside. , ~ Mr. Meredith: Did you see any knife about ? Witness: No; , . . Mr. Meredith: I BUppose you were frightened and got away as sOon as possible? :.. , ■■ . • '■ Witness: Yes. ' Only Saw Hands* Beatrice Rushworth, Widow, of Wellington Street, said ehd had known Levy for four years. She accompanied'her friend Foster to 119, Nelson Street on August 2. ' Witness gave a similar account to that detailed by the previouswitness; • . ■' Mr. Meredith: Did you see anything 'done to Levy's stomach before he came in and fell on the bed? ■ Witness: No* ;. . ■ I • Mr. • Meredith:. Have you. ever told anyone that you did-,2

Mr. Dickson: My friend oannofc crossexamine his own witness.

Mr. Meredith pressed the witness, but she denied that she saw or heard the man Levy was pushing out of the door. In the middle of the struggle she saw two hands moving towards Levy's chest. 'That happened twice. She could not say who the man was. What Cannoay and Gallot Saw. David Patrick Carmody, a man of about 40, said he was a canvasser. He lived at 119, Nelson Street, with Levy and the others mentioned. Witness said that when Levy went to the door witness heard him , say something like "I'll fix you." Then there were voices outside and a little acuffling. Witness sat in the front room with the others all the time and could not see what was happening at the front door. Levy staggered into the room and witness put him on the bed. Witness took Levy's trousers off and tried to stop the bleeding of the wound in the groin, at the same time sending Gallot to call the ambulance. Witness did not see any knife about the place that night. Witness had never before seen the clasp knife produced (the one Dr. Gilmour said might have caused such a wound as Levy received). Witness had known Caffery for years. He never saw who Levy was scuffling with at the door. James Gallot, a youngish man with one arm, gave a similar account of what happened at the house. • v (Proceeding.)