THE ALLEGED MURDER AT KAIWARRA.

Press, Volume XLVI, Issue 7363, 16 July 1889, Page 6

THE ALLEGED MURDER AT KAIWARRA.

THE JUDGE'S SUMMING UP. VERDICT AND SENTENCE. (JPBBSS ASSOCIATION TKLKGBAH.] WELLINGTON, July 15. The Chief Justice began summing up in the Kaiwarra murder caee this morning. He said the jury must approach the subject for consideration with a perfectly judicial mind, that is, they should exercise their reasoning powers in looking into the facts. He first pointed out that the prisoner was of a nationality which is generally understood to use weapons such as was said to have been used in this murder. As to the small pieces of paper found in the wound, the jury would aleo reqnire to be very careful in their consideration, and find out whether or not there had been a mistake. As to Hawkins having been murdered there was no disputing, but the question for the jury to consider was, were they satisfied beyond reasonable doubt that the prisoner was the person who committed the crime. The first matter for consideration was—Are the facts relied upon by the prosecution proved to the jury's satisfaction ? They had to cay whether the evidence of the witnesses was credible or not, and to ascertain if those persons had made wilful misstatement. Secondly, whether, admitting their statements to be true, their evidence had proved the facts as relied upon by the prosecution. The basis of the evidence had been given by police constables, and Mr Bunny, in his address, had read some authority in this particular to the effect that it was very necessary to watch carefully evidence given by constables. His Honor did not consider there was any necessity in this direction, however. It was for the jury to say whether they could see any reason for the witnesses giving wilful misstatements. His Honor then went through the evidence, pointing out that the principal part was the finding oi the several pieces of paper by Dr. Cahill in the wound of the murdered man which had been identified as belonging to a piece of the Evening Post of 23rd May, and it was inferred that the person who shot the deceased must have used that paper as wads. It had been stated by Inspector Thompson that the corresponding pieces of paper had been found in prisoner's locked drawer and pieces on a shelf, but there had been no evidence as to whether or not other persons besides prisoner's family had access to the house. His Honor next referred to the prisoner having possession of a gun and dagger. Had the latter been found in an Englishman's house it might require explanation, but in the possession of an Italian it could not be looked upon aa being serious. As to the gun there was nothing to consider, because nearly every one m the country possessed one. As to the motive for the murder his Honor said if the jury thought that the evidence had not proved any, they must not allow rumors which they might have heard to enter their minds. The fact of the watch and money not being taken from the deceased was in prisoner's favor. In conclusion he referred to witnesses being called for prisoner's character, and pointed out though a man may be known for a number of years to have been respectable and of a mild disposition it did not prove than such a man would sot break ■ out in a violent passion. If the jury after weighing all the evidence, had a doubt, they would probably remember this good character, and give the prisoner the benefit of it. They must bear in mind that m> human tribunal was certain, and if they found a doubt at all in the prisoner's favor he must have the benefit of it.

The jury retired at one o'clock, his Honor's address having lasted two hours and three-quarters.