TAIHAPE MURDER

Press, Volume LX, Issue 17981, 26 January 1924, Page 15

TAIHAPE MURDER

MOGHAN BEFORE COURT.

COMMITTED FOR TRIAL

'SPECIAJ* TO "TITE

WANG A NUT, .January 25.

There was a record attendance at the Taihape Magistrate's Court to-day, when Anthony Moghan was charged that, on January 2nd. near Taihape, lie did murder Gordon John Gemmell. The inquest concerning tlje death of Gemmell proceeded simultaneously, Mr Aldridge, Coroner, sitting with Mr R. M. Watson, „S.M.

William Olliver, a labourer, said ho lived at Taihape and knew accused. He remembered one day that Moghan went to Taihape, returning about 5.15 p.m. "Witness asked what kept him so long, and accused said he had to muster the cows. Witness asked why did not. Gemmell go after them, and Moghan replied : "He is down at the river .with the women," meaning his wife and .-a Mrs Bok.. Gemmell came riding along the road and Moghan said: "Tlus ■won't do. You will have to look after the cattle o~ else clear out." Gemmell replied : "I don't care a . I can go down to the works to-morrow and get a job.'' Some days after he heard a conversation between Gemmell and Moghan. On a previous occasion Moghan said "i wonuei arc they uj) the road to-day? Don't you think I could get the police to stop them coming up thfc road?" Witness replied 1 tiiat lie did not think that they could. On December 31st witness took two gallons of beer to the shed. Moghan, Riley and ''-Maori Jack'' came there about 9 o'clock,- and the beer lasted till ,about dinner time. The only time hs heard any friction was when Moghan said that Gemmell was neglecting the cattle and paying too much attention to the women. Some months before Moghan spoke about getting a divorce. Moghan said that she was going bad in Wellington and that Gemmell had known her there. Moghan was not a temperate man, and was addicted to drink, 'although witness had not seen him drunk. John Jack, a native, otherwise* known as "Maori Jack," said lie called at Moghan's place on December 30th. Moghan and Gemmell were there- and a man named Riley came after. There was liquor on the premises and all had a drink. Next day Olliver brought two gallons of beer to the place, and the four of them drank it. That evening Moghan got another two gallons of beer, and they consumed it. "Witness was then under the influence 'of - Before - going to bed he had a conversation with Moghan. The latter wanted witness to go for a drive as far. as the dam. ,

Superintendent Fouliy: "What for?— He wanted to catch Gemmell and his wife together. Anything else? —He said: "It- will be worth a few pounds to you if I 'can catch them and get a divorce. ' Did you go?— Yes. •_ Did Moghan say why you were to go'r—Yes,, to spy oil Gemmell an'l his wife. He said they had to wait until he got a signal from Gemmell. How long did you wait ? —Three or four hours.

. Did. you get any signal?— No. Did Moghan say anything?—He said This is no good, and we had betteT go home. He said that Gemmell played liim" a trick by not giving the signal at the time stipulated. What time did you get home? — Between, ten and eleven. .

That-was on the Monday night, the 31st? —Yes. ■ Did you have more drink when you -got'back?—Yes. • Where was "Riley ?—ln "bed asleep. .;

Ditl you have a conversation with Moghan after'you got back? —I don't recollect. .. ..

Continuing, witness said that on waking up next morning he had a whisky with Riley, and during breakfast Riley suggested making a day of it. Witness put in £1 and Moghan £4. Moghan and Riley went to Taihape in a gig and they returned in the afternoon with seven gallons of ' beer, two bottles of., wliisky and two . bottles of rum. Both Riley and Moghan returned under the influence .of liquor. Gemmell turned up late in the .afternoon, and Moghan allowed ' him ont, drink until the cows were milked. In the' evening all started on the beer. Witness . did not remember . gping . to Bleep, but he woke up next morning .in bed with Gemmell and Riley. The drinking was continued the next day. On' the Wednesday, Moghan and witness were both under the influence of drink, and Riley was asleep under an apple tree. Witness heard Moghan and Gemmell having an argument, accused charging-Gemmell of carrying on ■rfith his wife. Gemmell denied it. Moghan said: "You've been carrying on my wife all along." Gemmell still denied it. Witness walked otn. ana heard Gemmell sing out as if in pain. Witness returned insido and saw Gemmell lying on thfe floor and Moghan coming away. Witness asked what had happened. Moghan replied: "Thai- has been carrying

on with'my wife all the time. Gemmell got up and said: "I think you have broken my arin, Andy," and Moghan replied, "L will break your neck, you , before I am finished with you." "Witness then left the house. He last saw Gemmell lying on the bed. "Witness went along the road and Jay down and ha*l a sleep. He woke up in the middle of the night and crawled into the bush, where he had another sleep, remaining there all day and the nest day, also the night. On the Friday morning witness returned to Moghan.'s place. He knocked on the door, but got no answer. "Witness returned to Taihape. The last time he saw Gemmdll he was lying on the bed. He did not hear of the murder until the Friday. Robert Biley, shearer, said that oa the Friday before the New Year he rode through from "Wanganui to Taihape. The'following day he started for Moawhango. He saw Moghan at the latter's gate. Witness went in and had four or five drinks. Witness agreed to stop and assist with the shearing. On the Sunday witness and Moghan went for- a walk. Moghan said he had paid ■Gemmell £SO or £6O to go to Wellington to catch his wife so he could get a divorce. He said: "Sho would suit you all right, Bob." Witness said it was no good to him. Moghan said he would give £SO or £6O to get rid of her, as Gemmell, when taking the cows to water, was meeting his wife and another woman. On New Year's Day witness accompanied Moghan to Taihape to get a supply of liquor. When they returned, there was a jollification. They were drunk that night, and he did not know'what happened. The nest morning they had more beer before trying to milk the cows. After that Moghan handed witness a bottle of rum. . He. had a few drinks and then went out and slept in the garden. He woke about four nest morning, and saw Moghan standing in front of the honse. Moghan said: "Come and look what I have done, Bob. I've done this rotter in. He won't interfere with my wife any more." Gemmell's body was lying against a little tree, with onlv a "pair of trousers on. Moghan said:* "Is he dead?" Witness felt the body and found it cold, and replied: "He's dead all right, Andy." Moghan said: "What will I'do? Will yon give me a hand to bury him, Bob?" Witness replied: "Not on youx life. I will ring up the old sergeant; he will know what to do," "Witness made oft to catch his

horse. Moghan asked where witness was going. He replied that he was going for the police, and Moghan said. "I'll soon settle you." and made towards the house, where he had :1 Witness hopped the fence and made tor the nearest telephone to report the master. He then waited for the police arrive. Moghan met the police at tac gate and said: "I've killed a man. give myself in charge." W hen ing to Taihape, Moghan said: '•lki" t '» Gemmell. Riley had nothing ''f with it." Witness replied that he dm not see any blow struck. He would u*. scribe Moghan as' half mad when 'if saw him standing over the body. ll " ness was not clear as to times, describing one occasion as the afternoon '><- fore the morning's milk. (Laughter. >_ Edward William Whale, farm onror. Raid that on January' 2ni. saw Moghan at the latter's front gat- 0 about 4 o'clock. Later he saw Jackson and Riley. ._ James Banks, farmer, said that h farm adjoined Moghan't. place. .January '2nd he saw Moghan at abou' 3.3 p.m. hick up a man in the garden and heard him say: ''Shake hands and !>e friends." He did not know who the man was. Ho appeared" to lie _ down again in the. same place. itiie^ would think the man was alive. - han went into the house and ret-imcd with "Maori Jack." Ho next .saw the man in the garden try to rise. <>Uf after getting up half way he fell backwards. Meghan after coming out agaui picked the man up and walked towaia the house. He did not see Moghanand this man together again. . Cyril Nicholls, taxi proprietor, said that on the morning of January -nu he drove the police to Moghan's farmWhen driving back Moghan paid: killed him. I struck him in selrdefence, didn't f. Riley?" Riley re_ plied: "If you did it you will have to put up with th© consequences." To the Coroner: In his opinion, Moghan was perfectly sober.

Sergeant Matthews said that on receiving the message he proceeded with Constable Geraghty to Moghan's farm. Moghan met them, and said: "I gi ye myself in charge. I killed him. He called me 'a big Irish .' " ()n going towards the house, witness saw Gemmell's body near a lilac tree, and accused noted that the face of deceased was disfigured, and remarked: "The dogs must have been at it during the night." There was a track of blood heading to the house. Witness examined the house, and found more blood inside. Gemmell'3 bed was disturbed and the' bedding saturated with blood. Witness found a heavy pair of working boots with bloodstains, also some blood-stained clothing. "When placed in the cells accused said he wanted to make a statement, and did so in writing, alleging that Gemmell called him "a big Irish " and that he struck Gemmell in self-defence. He added that he would not bring his wife into it. When arrested Moghan appeared sober and rational, but Riley appeared to be suffering from the effects of liquor and shock.

Dr. H. M. Say described the injnries in detail, arid expressed the opinion that death was due to the shock from hemorrhage and a fractured skull. He. considered when he 1 saw Geinmell's body at G a.m. on January 3rd that the man had been dead for eight hours and possibly up to 3fi hours, i The Coroner found that Gemmell died as the result of injuries received at the hands of Anthony Moghan. Moghan was then formally charged with murder and committed to take his trial at the next sittings of the Supreme Court at Wangariui.