THE GREAT BARRIER MURDER.

Press, Volume XLIV, Issue 6656, 22 January 1887, Page 3

THE GREAT BARRIER MURDER.

[BT TzLEQRAPH.] [FROM OUR CORBIBPONDE.IT] AUCKLAND, January 21. The Great Barrier murder trial wae returned at the Supreme Court this morning, before Mr Justioe Ward. The Court was again crowded with both males and females, and the greatest interest was manifested in he proceedings. Mr Jackson Palmer opened the case for the defence in a short speech, in which he outlined the evidence which he intended to adduce on behalf of Caffrey, *T»d he pointed out to the jury the conflicting statements made by the girl Graham, and asked if it was reasonable, considering everything, to believe her story. Evidence was then called for the defence. Wm. Pearce, mariner, deposed that he knew the prisoner Caffrey. He met him on the night the Sovereign of the Sea went away, and he went aboard with the prisoners that night, and Penn and Caflrey went aboard together. He did not hear Caflrey mention the black flag while aboard, or speak abont a revolver. He went on to say that he talked with Grace Graham in Albert street alout Caff ray's and Penn’s chances, and he asked her if she thought he would get off, and she replied thas she thought she weald get two yean for perjury. Graham asked for a shilling at the lime. Mr Williamson cross-examined the witness at length, but he remained firm to the original statement. He helped them to hoist the sails, and knew where they were going. Caflrey told him that he was going to land stores at Blind Bay. The evidence for the defence closed at noon, after which Mr O'Meagher, senior counsel, commenced to address the jury on behalf of the prisoner Caffrey. He prefaced his speech by severely criticising the law of New Zealand relative to indictable cffrDoes, and expressed a hope that before another session of Parliament was concluded prisoners would be afforded an opportunity of giving evidence themselves in charges preferred against them. In this case a dishonorable attempt was made by Penn to shift the “ blame of the murder on Caffrey, and escape himself from justice, whilst Caffrey had not said a word sgaiusthis companion. Hence both were arrested. After referring briefly to the uncalled-’or action of newspapers in making the murder as sensational m possible and convicting the prisoners before heard, the learned counsel proceeded to analyse exhaustively the whole of the evidence adduced by the prosecution. He condemned Grace Graham’s statement as untrustworthy, and pointed out portions of the evidence which favored his client, and in conclusion said the extreme probability was that Penn, and not Caffrey, committed the murder of Robert Taylor. [PRESS ASSOCIATION TILSGBAM.] AUCKLAND, January 21. On resuming after the adjournment, Mr O’Meagher proceeded witbhia address, and alluded to the evidence of Dr. Walker, which proved that the ballet whioh penetrated the skull of deceased must have been fired horn the front, and that Mrs Taylor had stated that when the third shot was fired Taylor was running away. The only one who pluokily stood by Taylor and did not ivn away, was Mrs Taylor, ■ whose evidence on that aoeount he thought might be taken as being better than that of .any .of the other witnesses. He contended Caffrey did not want to be bothered with Taylor, and pushed him aside and •truck him on the nose, which might account for the blood in the bedroom. It appeared Taylor made • rush for the door, ( and Dr. Walker had told them he could . do that after he had been shot in the lead and through the brain. Caffrey had never been seen about the plaoe after he had gone through the door of Nc. 1 bedroom, ( Following Taylor. Mrs Taylor, when she , went into Ho. 2 bedroom, found Penn with j his ana round Taylor’s neck, snd with a j revolver in his hand. She did not see i Caffrey, though the room was a small one. 1 That he wished the jury to consider as a j most important point ot the ease. They could not show where Caffrey was when * the fourth stot was bred. Caffrey would j tell the jury that when he foroed bis way , into Ho. 1 bedroom Tutor tried to stop him, and he pushed him on one side and went into No. 1 mom. i Hi then looked for the girls. It 1 was in evidence h© told Grace Graham that < he had teen the baby. Hot finding the ( girls he jumped out of the window ot that ] bedroom and went where he thought he would find them. Caffrey went to get Mrs ] Seymour to go away with him, and there j was no intention to interfere with the girl i Taylor. It wae arranged that Penn wae to i ’ get Taylor out of the way by ths subter- i luge of the butter, and then gat Mrs Sey- 1 moor away. There was tw intention ! of ? .violence whatever. The pistols were only to intimidate. He hod then gone to look for the girls, and afterward* went to the rereje or Mrs Taylor. When Taylor was tost seen Penn had his arm round bis neck in a bedroom, to which he could not have walked after the shot in the brain, and it was impossible that Penn could have carried him there after the fatal shot. The body waa heavy, and five men assisted in carrying oat the body afterwards. Caffrey had no blood upon him, and did not know what hap. pened after he toft the house to look tor Mr* Seymour. He did not know Tavlor was a dead man until after he had found Penn. He had a difficulty in getting Penn away, and why was that t He said," Don’t harm the old woman," and Mr O’Meagher suggested Penn was unwilling to leave, because she was the only witness who could speak against him. He put it to the jury that Caffrey was not cognisant ot the death ot Taylor, and even when he did know of it he would IoC allow Hie old woman to be hurt. Mrs Taylor said she believed Caffrey bad been out looking tor her daughters, and she must have had some grounds for believing that. He commented at length upon their evidence in toe case, emphasising Mr Henderson’s statement that Caffrey was a kind-hearted min, and he said, assuming that Caffrey believed Mrs Seymour would go down with him to the cutter, was it an unlawful act for him to go to the house as he did? Although Caffrey's act might not be strictly moral, it was not felonious. Hit Honor said toe action of Caffrey in breaking open the house and intimidating » Taylor was an unlawful act. Deliberate intimidation was certainly unlawful. It did not matter whether it was a felony or not. Mr O’Meagher cited ewes in support of his contention, that such an act as that contemplated by Caffrey would not render him liable for murder if it was not perpetrated by himself. He then oontinued, stating that he had drawn the attention of the jury to the essential poin»s of the case. He contended it waa Csffrey’s infatuation which induced him to do a rush and foolish act. He was under the belief that Mrs Seymour would go away with him, and was anxious to obtain possession of her. His hand did not fire the fatal •hot, and he had no intention of injuring Taylor. That two shots were fi r ed through the door was proof he did not wish to injure Taylor. He alluded to Caffrey’a character tor kindness, and, shortly rummarisieg the points he hid raised, he asked, not for „ mercy, but fer justice, that they ’might judge toe evidence by the calm of reason, and if they then came to .iie conclusion that Caffrey waa either .legally or morally guilty of murder—he should be much surprised. If they did find him guilty Caffrey would be prepared to suffer bis sentence like a man j but if they ? ■ had doubts, which he thought they must hare, as to who was the person who -fired . toe fatal shot, let it be seen by their oon- . : ■! that an unscrupulous woman and her Setamour should not triumph by the death of an innocent man. The Court then adjourned. ■ Mr Napier speaks for Penn the first thing to-morrow, and the case will be Jtoisaed to-morrow,