HINDU'S DEATH.

Auckland Star, Volume LXII, Issue 155, 3 July 1931, Page 5

HINDU'S DEATH.

| ALLEGATION OF MURDER i WALTER TINSLEY ON TRIAL DOCTOR GIVES EVIDENCE. MOST VICIOUS ATTACK. (By Telegraph.—Press Association.) HAWERA, this day. The hearing was continued in the Police Court to-day of the charge, against Walter John Tinsley, aged 25, a baker, of having murdered Nana Chhiba, an Indian fruiterer, at Hawera, between 11 p.m. on January 31 and February 1, which was commenced yesterday, in conjunction with the inquest. Mr. J. H. Salmon, S.M., was on the Bench, with tho district coroner, Mr. K. S. Sage. Mr. P. O'Dea and Mr. H. R. Biss appeared for accused. Mr. H. Weston, of New Plymouth, represented the Crown.

Detective Quirke was cross-examined at length by Mr. O'Dea yesterday afternoon. Witness said Mrs. Tinsley was interviewed at Masterton concerning Tinsley's finances and movements between January 17 and February 7. Her statements corroborated Tinsley's.

Mr. O'Dea: Wasn't there a rumour of a strange Hindu being at Hawera on January 31. Detective Quirke: We made exhaustive inquiries throughout the Dominion and in checking movements of Hindus. We could not verify the rumour.

Mr. O'Dea: Do you know that Chhiba was seen in a violent argument with a strange Hindu ? —I don't know about it being a violent argument, and the Hindu he was with was well known.

Mr. O'Dea: Do you suggest that robbery was the motive for the crime?— Yes.

Mr. O'Dca stated that a woman witness would have something to say about a letter in Chbiba's possession, which someone might have very much desired to possess. In reply to a question witness said that inquiries had been made at the freezing works, and he admitted that Tinsley had been there that night. Witness admitted that Tinsley's employer spoke well of him as a worker. Detective Meiklejohn, who arrived at Hawera 011 February 2, to investigate the murder, described the position of Chhiba's body, with live wounds in the head, which was covered with a coir mat. The shop till was 011 a chair in the living room with a towel underneath. Apparently the towel had been used to carry the till. A hand basin half-full of water was 011 a box under a tap in the backyard. In it were a hammer, tomahawk and a ring with three keys. A cleaver was also found on the floor of the living room, which had splashes of blood on it.

Bloodstains on Clothing. Philip Patrick Lynch, pathologist at the Wanganui Hospital, corroborated the evidence given by Detective Quirke concerning the interview with Tinsley at the hotel on March 14. An expert'witness gave evidence that trousers said to belong to Tinsley appeared to have been scrubbed or rubbed. All tests for blood on the trousers proved negative, but on the shirt and the baek of the overcoat were stains which, when tested, proved.sto be human bloodstains. He was certain these were not caused by ox or sheep blood. Under cross-examination witness maintained that the stains were not more than a year old, but could not definitely reduce the period. Stains on the Indian's clothing and on that of accused responded similarly to a test. This led him to believe they were of approximately the same age. The Court rose at 6 o'clock last evening and resumed again at 7.30. Total of Eleven Wounds. The evening session was occupied in hearing lengthy evidence by Dr. R. G. B. Sinclair, who was the first person who saw the body when it was found shortly after 11 p.m. on February 1. His evidence related to the wounds sustained by Chhiba. Witness said that in his opinion life had been extinct for about 12 to 18 hours, and possibly up to 24 hours. It appeared obvious to him, continued witness, that an attack had been made from both sides on the dead man. There was no doubt the attack was of a most vicious nature. Any one blow would have placed the Hindu in hospital for "a long time. The total of eleven wounds was sustained, and. 4 his own impression was that the attack was either carried out by a homicidal maniac or a person in a very passionate and vengeful mood. There was some resemblance between the distribution of blood on the coat produced and on the walls. Two Kinds of Weapon.

In reply to Mr. Weston, witness said it appeared from the wounds that Chhiba had been struck from at least three directions.

_ Replying to Mr. O'Dea, witness said six wounds had been definitely made "with instruments such as a hammer, and five with an instrument such as a tomahawk. It was probable that more than one person was concerned in the crime. Both a hammer and a tomahawk were found in a basin of water. It was not reasonable to susr"-est that * wojHwMd » separate weapon m either hand simultaneously, though such was within the bounds of nossiWitty., on tie other han.l, it was bable that a man would use one weapon and drop it to pick up another.

Second Doctor in Box, When the hearing was resumed this morning further medical evidence was given by Dr. W M. Thompson, who detailed eleven distinct wounds in the 6k " n ; Jhe doctor produced a skull on which he marked the injuries in chalk He said he could not wholly a<n-ee that the blows were given at different angles Several wounds exuded little blood and he assumed that one or more blows were inflicted after death. Witness thought a hammer was the only instrument used to inflict the injuries before and after death. When the body was discovered, in the opinion of witness death had occurred 24 hours previously' The reasons advanced for this belief were that the body was remarkably cold when conditions were most favourable for the retention of heat. The weather was warm, a heater was turned on in the room, and the doors were closed there being no ventilation. Sanity of Assailant. •Questioned by Mr. Biss, witness said he arrived at the Hindu's shop at midnight on February 3 and he saw the body lying face upwards covered with a coir mat. Of three wounds in the back of the head all had been inflicted with direct blows as distinct froru glancing blows. There was every indication of a vicious and savage attack. His first impression was that the murder was the act of a" homicidal maniac. This, however, was dispelled by the precautions of the assailant to cover up his tracks while the fact that the instruments'were thrown into a basin of water indicated that the assailant was sane.

Neighbour's Ghastly Discovery. Tho next witness, Genevieve Matilda Pickett, a married woman, said the boundary of her property was adjacent to Chhiba's back yard. On the evening of Sunday, February 1, after returning from the beach, she went to Chhiba's shop about six o'clock for tomatoes. She called out several times without response, and then went under the canvas which covered the entire back yard. She found the back door ajar. She called again, but there was no response. Witness heard thja gas jet burning fiercely, and saw the lights on, so she pushed the door open, and saw something on the floor. She realised that something dreadful had happened, and on looking closer saw a clenched hand and a covered human form.

' I took my hand off the door and turned to run away when the door slammed," continued witness. "Previously I had heard no movement behind the door." Wind Did Not Slam Door. Continuing, witness said that while at the door she saw a tomahawk and hammer in a bowl of clear water. The pioperty occupied by Chibba belonged to witness, being part of her late mother's estate. Cross-examined by Mr. O'Dea, witness said she ran home and told her family, who were incredulous. Ten minutes later she telephoned to her solicitor. Chhiba was usually called David, said witness, and when she went to the shop she called "David" several times. Witness did not think the door was slammed by the wind. What she saw on the floor she at first thought might be a pig connected with some Hindu rite. Visit to Meat Works. Edgar Willis Wilton, slaughterman, of Masterton, employed at the Waingawa Works, said he saw Tinsley at Masterton in January, when he was alone and looking for work. Tinsley wore a grey suit and a grey overcoat. ° Tho Crown Prosecutor: You said in your statement to the police he was not wearing an overcoat. Witness: Well, he did have an overcoat. We gave him a couple of frys, which he wrapped up and put in the pocket of the coat. After the reading of his statement witness said lie was not sure whether Tinsley was wearing an overcoat on his first or scond visit. He could not remember. Witness was unable to recognise either of the -two coats produced in Court.

Continuing, witness said Tinsley stayed at the works two hours' on the occasion of his second visit. '

In reply to Mr. O'Dea witness said Tinsley was a decent chap, and a good worker. People in Masterton thought that tho murder charge against him was ridiculous. Witness could not imagine him having committed murder and then lived in a hotel for six weeks with detectives.

"I am Innocent/' Cecil Rhodes McCormack, butcher, of Masterton, said he went to school with linsley, who had been absent from Masterton about six or seven years. Tinsley visited the Waingawa works in January when witness was killing mutton. Tinsley wore a grey suit and woolly overcoat. Witness said 011 Tinsley's first visit he gave him two livers, which he put in his pocket, unwrapped. Replying to Mr. Biss, witness said his statement to the police at Masterton was made two months after Tinsley's visit to the works. He .saw Tinsley two minutes before hie arrest on a charge of murder. Tinsley said: "I'm innocent. I'll be glad when it's over." William Charles Brown, slaughterman, of ( Masterton, employed at Waingawa, said that when Tinsley was at the works in January he was wearing a light suit and felt hat. Witness could not remember if he wore an overcoat. Maoris Give Evidence. Pi Katene, a native, said that on the night of January 31 he went to Chibha's shop with his two brothers, who bought fruit and spoke to Cliibha. A pakelm wag standing at tho end of the counter. He remained there till witness left. He wore a serge suit, a collar and perhaps a hat.

Tie Crown Prosecutor: In your statement you said the man wore a light grey suit and looked as though he had nothad a shave for a few days. Which is the correct statement, the one you are making now or the one you made previously? Witness: The one to-day. Mr. Weston: Did the man have an overcoat ? Witness: No. Replying to Mr. O'Dea: Witness said Tinsley did not ask him if he was in the shop.

David Skipper, a native, who accompanied the previous witness on the night of January 31, said there was a man there who neither moved nor spoke. Witness saw the same man on two occasions subsequently and identified him at the police station. He left the billiard room with other Maoris at 11 o'clock and went straight to Chliiba's The man in Chliiba's shop wore a ecrge suit and no overcoat. The second time witness saw him he Wore a grey woolly overcoats Chhiba was preparing to close his shop wlien witness called. The party went out and drove away in a car immediately. (Proceeding.)