THE KAUKAPAKAPA TRAGEDY.

Dominion, Volume 1, Issue 98, 18 January 1908, Page 5

THE KAUKAPAKAPA TRAGEDY.

■ .■ ' g ':''•' CHARGE OF MURDER. THE. QUESTION OF PROVOCATION. ACCUSED COMMITTED FOB TRIAL. : |BT TELEGRAPH—SPECIAL OOBBWTOKDBNT.) Auckland, January 17. THe proceedings in connection ' with the recent tragedy at Kaukapakapa, by which' a' man named Edwaul West, a gum-diggel-, .lost, his life at the lmntls of n neighbour named William Stuart, advanced a further' stage: this morning, when Stuart was again placed in the dock at tho Holensville Court chargcd with the capital crimo. Tho coronor's jury on January 9 returned a verdict of wilful murder against the accused man, who .was formally charged at t the Court the following day, . and, on .-the ■application of Chief Detectivo Mnrsack, remanded until today. The Bench was occupied by Mr. Dyer, B.M. Mr. Mays represented the Crown, and Detectivo Marsack represented tho police. Accused was asked whether he had a legal representative, and replied that ho would have one at the.. Supremo . Court. . Stuart, throughout tho proceedings, preserved wonderful ; outward calm, and gave not the slightest tremor when tho terrible- chargo was read. Ho was seated throughout the proceedings,' oxcept when lie stood up: to speak,; and then ho held, his head up, and unflinchingly, met the concentrated gazo of a crowded court-house. Mr.'Mays said it was unnecessary to outlino tho'facts with which all were well acquainted. Tho question was "whether tho words' Which Stuart alleged deceased had used amounted to provocation.. This was a question ,for the jury, who. could reduce the chargo .to ~ofio. of manslaughter if they choose." 1 : Elizabeth Shanks repeated the evidence .'given, at, .tho inquest concerning Stuart's statement'.-; admitting that, he had / killed .■West,, and explaining the surrounding circumstances! " " ■ Stuart, asked if ho desired to question the'witness, replied firmly: "No." ..-John-Hinds confirmed his former evidence, and stated that Stuart told .him after the tragedy that West saw gum under tho bed, ' and wont outside and reproached Stuart, using bad language. '• Accused was given an, opportunity to question the wjtn)ss, and ho again answered :, "No." • , . j Jamos Shanks, labourer, deposed that accused and, West; passed his place on January 6. Stuart asked witness to have a drink of stout, or boor, as they had a fow bottles. Thoy weire , carrying a kit, but -witness did not seo. the contents. Witness declined their invitation, as ho was not feeling well. Both appeared -friendly,; and ho never, knew them otherwise. On the afternoon of tho tragedy witness was ill in bed when Stuart came to his house and walked into his room saying:- "I have killed West." Describing the circunistanccs Stuart said: "I hit .pretty hard, with, just' one. blow. What annoyed me most was in connection with my mother. , My, mother was a good woman." , Mr. Dyer, S.M.: " Any, questions? " Stuart: "No., It's all true." ; John'-Hawkins,,: Agricultural .Department Inspector, said that he, was. staying at Kaukapakapa, and went up to Stuart's, whore, ,on. learning of; tho tragedy, he found Stuart • alone., .Witness asked if he had heard of the, occurrence. " : Yes," was ..tho.,reply,-'. " He' is down,-there. , I killed him."./.-Jn a later conversation Stuart said that West remarked to him: " You ought to sell, that gun. I have sold mine:", He refused, and West nsed'bad. language.- Stuart added:-"He foil like'a cock. I allow no man to insult my mother. I hit him on tho spur of the moment, : and am sorry now.".- Stuart fre-. iquently repeated these statements, and ap--poared.to be sober, as if;he knew what he was saying; but witness thought he had been drinking. -: There were a lot of ompty bottles , round the wharo, most having contained beer. Witness stayed -with Stuart some hours until the police arrived, Stuart thanking him for such consideration. Dr. Meinhold. and Constable Tapp gave evidence similar to that at'the inquest, ac-' cused asking no questions. ■ Detective Marsack stated that Stuart, whom" he'accompanied to the inquest, recounted . the circumstances of tho tragedy frankly and witliqut hesitation, exactly as he did to the constable. Stuart appeared to lay stress on language used'concerning his mother.. Witness searched tho accused, who , bore no marks of violence as from a fight. On searching Stuart's camp he found a small quantity of unscraped gum, and two or threo dozen , empty spirit bottles, six large and three small beer bottles, which had apparently been recently emptied; also two small and two largo whisky bottles, tho dregs of tho. former being -fresh. The place appeared to be the scone of a recent carousal. Accused desired to ask no questions. Mr. Mays intimated that this, closed tho case. There was one other witness, whoso evidenco was not material at present, and he would be called at the Supreme Court. Stuart was asked if he had anything to say, and replied in a firm tono as before: "None, your Worship. I reserve my defence." Ho was then committed for trial ( at Auckland.