STABBING CASE.

Press, Volume LXV, Issue 19770, 7 November 1929, Page 15

STABBING CASE.

VERDICT OF MAN SLAuGHTER. jplY RECOMMENDS MERCY. rrin run Ss*ei»i t«me« ; \fr-KCAVD. Noveaiber 6. I\, •- \ n! lieorgx < sffery. ng»d .14. < ssTt»n"" J 1 ' ' he <""oTirt to-day! Wfnr4 \1 - .''-.s'ice Stntth. Caffery was 1 ctarff"- •'■•* 1 ' having murdered Thomas Lwry i :i ; a* It:.' V'-I-fts »rr, ot •• AW --' !** f - Mr M".-'-';th prosecat«»d. and Messrs Die* soi '-- appeared for teens*-: p a >- •'. ]'•■ rn». at present s«r-ving a §w| .,-. . - - ■ i*-iri»y, said n» -s-as a srsaiJ" ' **- * h > " v *"-"»2 t'-:» W.nga fso. T ]<■ h<- •*■»* w-.th Csif*" "'' "' * *^ a >" "* rh " K '"!'f he a».i '• •" > ■•"■ ''"wi it "t-,-as :•.-'■-:% Ihini; ■ ■• i h • h-j! b»•--..■-. I' ant Jt) g'.m » " ""'" r - ■' , ~'- 'h""-" f, ~ 1 * h lie »>ais i ■ IJ *a.ii -srjiii.-c ri.-JTs" a: «i s*:o«'i r y w»nt hum' '> ' affery's _,£,.* "■ -.ti* ne-. »;r outs*d" * ■ hous» sg*ia *'i" •"■-.•n.0.J. He lay <n a coe-a a", i w.-nt to sl>»»'p. He »a> nsrak»n-»d when the police came. He iid not k.now Leavy had been murdered sat:l lie wis arrested. Sir MT-'di-h produced a pair o' fcrown b"Ot.», which it was said were ilaodst.-uned, and a pair of dark trwasrrs similarly marked. Witness d# aied that either of them belonged to •is. M.r Meredith asked his Honour if fee would be justified in asking that Byrne %rj the hoots on snd the trousers on. Bus Honour agreed that it was * reasonable finest, and Byrne was taken befcw f'-.r th<- esp*nment to b«* mado. When he came into Court again he took bjs eoaf. off and showed that th<? tmnasers worjtd not bottoa round the waist. Mr Pn-kson: What about the boots* Byrae: They're a mile too big. You are a sailor. Are you in the tubit of carrying a aneath knife f—-I'm ■ot a tailor, I'm a flrrmaa—a stoker. And yon don't earry a knife! —No. How many knives did yon have at CasTery's that night f—None. In aaswer to further questions witness) denied that he said to raffery* si.tr.er tn-taw, when she said the police k»4 taken Mr snd Mrs Caffery away: "Tea, I know the . I'm in this. ThefTl come back for me." Mr Dickson said Caffery's account was that he na4 Byrne went to 119 Nelson street. Byrne dented that h* w«» there, or that hj» had 'ver seen I>»avy. Mr Dickson pressed witness, bot Byrne stuck *■<> his story, and denied that he was outside Caffery's hoose that night. , Th.» case for-the Crown then eioced. Mr Di«"ks*in. in outlining the defence. ■ail everything had not been brought rot. rafortnnately. it could not be, snd another underworld tragedy could not be cleared wp* After the men had b-en drinking in the afternoon a man named O'Bnilion and Byrne went home tu Caffery's and Caffery went to Lang- « >a "*, to look for "Coek" Cole, who e vu..; him money. In a drunken way, he picked up a hag of potatoes) off the eart, aid when he found that Cole had gone to 119 Nelson street, he went there. Then Caffery went home. Thing* were ■ot too happy between Caffery and Mrs Caffery, so Caffery decided to go oot. Byrne went with him. That would be ahotrt 5.4.5 p,m. Ohffery "s story was that te and Byrne went to 110 Nelson afreet to look for Cole. Tfco man who came ts thss, j*a«*.-.tL**"T* -.*■*•- *» entire stranger t» Oaffary. Wbas Caffery aaid In wanted Ctole, Leavy said: "Ont yen go. Never mind about 'Cock' Cole." TTte.re was a seo"ffle and Caffery gut a blow orer the eye. Caffe/y bad hold of Leavy by the lapels of his seat. Suddenly Leavy eall«* , ont that be was bleeding, and pitched ost of the goor. Caffery and Byrne then left the place. Whoever the man was who stabbed Leavy, it fonld not baTe been Cat ery, who had bald of the man '§ coat lap*la. Caffery did not see Byrne strike anyone, or with anything *■ his hand. The only man who could have uaed the knife was Byrne or someone els*. No ■an coald hold another by the lapels and stab him ia the groin. "BYidence in the nnierworld is very hard to get," continued counsel. "You know that from eases yon have read la the newspapers. It la unfortunate, but the fact remains there were two awn, Olallion and Thomas, who were at Caffery'» house and knew ex.etry who warnt out that evening. However, they feniet in aayiag they know nothing about it, and we eaa do nothing. They were squally important for the Crown at fur me. In underworld eases the witnesses don't like to be mixed np with thing*. I cannot get these wit■eaats to say who left Caffery *• house and who did not leave it. They refuse to give evidence because they don't want to be 'nark*' — m favourite word h taw aaderworld.** Cottaset we at on to a*y that witmmmn could be called to say that in 'the afternoon Byrne «**• wearing dark trousers. Next day Mrs Caffery found a pair of btood-atalned brown boot*, wale* she would say she had ***■ Brrse wear. The bloodstained dark tw«»a«ra were found in a honssr in a fssa* called "The Beeess" daring the AMsswd's wife said she was snre the ssna twnaers produeed belonged to Bjrae. Three days after the stabbing ■he found the bloodstained brown boots hi sa awthouae and the took them to the JhiUettvt <>« c» Later she found the <**uaad trooaers. "Byrne brought n *»»*■ to tae house and it was as §hmrp •a a raanr." said the witness. **l used s» far cutting bread, but it was missing •* the time of the tragedy." Witness ■aw Byrne later and reference was made *• the arrest. Bvrn* said: "I kept my •••th shut, and tf George had done the "■ssa he would not be where he is toa■T., * wTHiam John Lynch, timber worker. §•*» evidence that on the evening of Aagnst 2nd, Byrne was wearing a blu* •***•»** and blue pants. Witness was •■»»■ po«i:tr-.-e abont that. He had re•**»**d to has sister: "Byrne was Jook■•ff taah to-mght. He had a blue ■■»* and blue pants on.™ *lr Dickson said that the Crown ii*d •**• th.agt 'o rror- --Th.*t ! K e '-vr. fe ***ta*ed vii *>;.> oa-» with wUi'h the •*fier was cc mm itted. that it belonged ** «'a*er- ~ * yn . a hn hand* *Vt. :'.-' •nruer s-n '-.-•n-n , t«-d. an-1 ''at •"- y t, ( -v..-.. and did the mord'r. "•rridrn. 'he knife was m- st •*aati«fic'.. r j Was ;t believable that **■ *nuac>l dji*e-* tes rrxild ht*- * fa:'»'d ■*■*•* It was f«rr donbtfnt if ■*»*• had been TM*r* at all. Byrne !«1 ** get th* r.ime of "Wild Irishman " «** nothing '' fafferv owned both the •** «f h<io"< .-Thihited. could tt be Jjjwwird to.i' he wore two pairs ef *•** and got tl-.-nn both bloodstained gy <vtniag' f*ffe:. went to Leavy's **■■» hecaose his wife refnsed to let ?** *»ra an« more beer, snd he saw 2*«t and women" at the house. If tie Jr*** eame along and" said now for *•_•*»* time that Caffere aided the of :He cn«e, then the frown r"** «»tr its whole ease The Crown IT ■*• »« -Tecr patting Byrne ia the **» afaingsitie raffery and **.»»««• t *•*»*. yo« did the crime, and. Caffery. •**•* and abetted him,™ That meant <kaf*ry did not aetnaJly eoaaanit

the murder, nad the whole Crown case eollapeed Uk e m of cards. ' "One thief that :s rWr is that the 1 unfortunate man. Leavy, was foully done to death by a »Mb i n the groin." | said Mr Meredith. "Of that fact there i «*» be no doubt. The point for the I jury to consider if whether Caffery was i responsible for thst death or not." ! His Honour said that a householder 1 named Leavy was stabbed to death while preventing an intru-'.rr from entering his prerr.:«es. That w«, tl.r essence of the case. It had not been shown thst «-T*her the accjsed or Bvrr.e. who hs'l h»»ii brongh* into the ease, had any enmity »ga:n«t I.e-i-. y. He did I not know whether it was yi«t •<> Leavs i to saj. thst he belonged to the under ' worid. There was no evidence on •ha* piin* At any he -.r.-.n a f.,-,.;.., »-" ! d-r If the : -iry <r, r . •:- J t f. ,■ , C'affery was a.one at the door of the hoti«» i* would hav.- Itt»!«? d:fscu!*y in eoaeiudiag that there had been unisw- | fal killing. If Byrne wa , »i„, t h C re the r Crown »till submitted that f'arYery did : th» sratibing. F.v»n if j <>r«on« were ; there, it wi« for toe jury •<-, « a y wriethcr , CaftVry did the s-ahbsnj; nr n-t. The I second phase of th* €»««■ which had | b— n developed by the d<-fec-c was that : th» stabbing had b,< a dor.e by Byrne ! to MtiMiih the a"a»«-d as a parfv to ih" of murder. In tins case the j jury must coni«- to th.- .-.-.n.-lnston that I there w«s some mn-.m'-n purpose between I CarT»ry »nd to as«i*t each other I m entering the premises by violence at any eost. The crime of murder might be redueed to manslaughter if the jury considered that accused received such j provocation at to cause a reasonable i man to me a deadly weapon in selfdefence. The rase was fsirly barren of evidence to show that Leavv gave provocation. When a lethal weapon was j bsM the provocation must be verv great. His Honour's address lasted an hour, •nd the jury retired at hslf past eight. Aftor a retirement ot little longer than two hours, the jury with s s verdict of guilty of manslaughter I with a strong recommendation to "mercv j because the jury believed that the full j guilt was not f'affrey'.. 1 Sentence will b« pronounced on Frif day morning.