MURDER CASE REVIVED.

Dominion, Volume 4, Issue 996, 10 December 1910, Page 6

MURDER CASE REVIVED.

;-CliAliW FOR COMPENSATION. ;J;V NORWAY TAKESACTION. GOVERNMENT £'; : U:DECLINES TO" PAY. ft'-'-':''''" : "?.■' "' ' ■ __-__ ' ' V-' tf. ; -' -'■.■■ ' ... '■" ■" ' if.;.On; May.:l2; 1908, a man. named Bourke hras.found kicked to death in a shed in jjWestport.''■■.. For. the: crime: Hallinan (a j;Kussian' Finn), Anders (a Norpvegian), and"' Connelly (brass boy), at. j that time employed on - a steamer in port, bvcrei arrested, brought before tho niagisand committed for trial. .The case [aroused -considerable ; interest.. on the [coast,'and particularly in.Westport. The. ftrial, : :.topk place at• Nelson; before Judge FChapman. : Connelly .'turned evif.dence,. statins : that Hallinan and Anderfßen had ; • assisted , " liiin '• in murdering ..Bourke. The.outcomo of tho 1 trial (in I which'the.charge-was reduced from muri'der''to •manslaughter) was that Hallinan Sand Andersen were found guilty; and senptenced'it6:seven years' imprisonment, and rCohuoJlyswas released,. . •■.-" i:-. : ..Confident- that his .clients were innoScent, Mr.- McDonald,. as soon as,tho trial [was over,' took out a .warrant for tho ar:rest, of' Connelly'■ for,: perjury,, but the 'police .'.'refused to .execute; the 'warrant. , p.'ho" Minister for Justice was communicati.ed with, and as the result of instructions | ; frbin Wellington Connelly was arrestediin JNelson, and underwent his; trial at Westj port. ; Some- idea can bo gained ■ of tho jinterest,and'importance of.tho caso when it.is stated-that. the. trial lasted' three weeks.'.Connelly was committed for'trial;' - (and some time, later faced .tho.charge'.at |the Hokitika session.' of the Supreme pCourfc ■ Jlr. Justice Cooper, who. presided, tsummed up in favour of the.accused, but fttho: jury-brought in' a verdict, of guilty, ['and;he-was.sentenced to'eeven years' imjjprisonment. ' At 10. o'clock on the night ;of :his committal Connelly confessed in Ms Jccll. that: he . alone, was guilty of the ilmurder.of Bourko, and' exonerated Hallihi'an and Andersen'from any complicity [in. the affair.. .. ■. .■ . ■. ji'/.Statement:by Norwegian Vice-Consul. fV- r Mr/'E. E;; Whyte (the..Vice-Cohsul -for; iiNdr.way),.. states that when Hallinan and j'Andersen ;,wero. released from the Hpkii.tika Gao! they 'Were penniless. Tney had. lißeen-defended right through by 31r'.'■ W. l:G. : ,M'D6nald, of: Westport, and Mr. A.•WelEnston. (who led [Jthe. case Vfor' the defence at the. Nelson rJtrial).-.Both' gentlemen had had 'to ,- throw lover air "their other', engagements for a. ijcbnsiderable time, .and- neither' of them jjhadj.received.'a penny, not even travelling [expenses.,' Fighting for weeks (months in |:the ' case, of' Mr. 5I1)onald) for justice, fahd ultimately gaining. it for the foreigners'— stringers in i strange land—the legal 'gentlemen named have not'-even been' reimbursed .for, out-of-pocket' 'expenses; ijleayirig' out of consideration payment for htime; lost ' and .professional" services. iW; 5 : •■;' ; : : ' Andersen. Dies. • !. ; ;j'"lt'-'.was,'on'.a ; Friday," says.Mr.-Whyte, !''that 'Halliuan and Anderson were disf'charged;.fr6m .the : Hokitika Gaol.;-Know-ling; no'one, they made their way to-Wcst-[rport, and came to'seo me.. I.was walk-

■ling-.down. the.'Main street of the town i]with., : Andersen' on" the Sunday when he j.fell.dpwn in: a-fit.,'. I'had him carried jto.'an:- adjacent'.boardinghouse,-:where he [ ! 'lirigered;,..on,. : .uritil , . thei 'Wednesday,' when i'he: my. arms. .-■. ,-■ i ( v.v,;."S6me-: months'.later. I put-in a claim. I to.tbe'.fcSbvernnient;,for .£590 (to cover the t expenses: of : Messrs..Milo'nald; and Herdsman), i. arid "'.J6IQOO to compensate-the pars'; ents. of,. Andersen, in Norway;(his death been, brought, on by the ' strain j;'and, mental anguish suifered for many f weeks, .whilst' lying under the falso .charge f.ot ■:. murder) i\: The Government' refusing or, recognise any .'claim, ijljgot .irit6: ; 'comniunicatidn :with my Con-. (isul-Geieral: in Melbourne (Mr. Sigurd itßentzon);. V-^ho , wrote' 'to,-.the. New Zealand ■Govertimont,anil,' gaining no Vatishfaction; subsequently'referred ■ the.whole J' im'atter.vtp,'the Norwegian Ambassador in [''London-, (through - the Norwegian Goverri- •' eiv,. ;•;■•■> ".-,■.'• v ' " ~ i|;ft; ;'.-;!'o-Y.•■;'n Higher Hands; !;..,..■.-," :'. ! l ';-*''The'iAniBassadbr : in London-put \ the' lease to;'the Imperial authorities iii the' f:following - terms:—■'•■' "'■ ■ :'.. !■■■ ■'..■■. !?:■'■:': '"A■.' Norwegian sailor; Anders Anderf'Een, was: arrested- in New,--Zealand, on iMay 13, •I9oß,j'on- , a chargo of -.murder, :and v.iii : .; July the 'same.year he was sentenced S:at. Nelson,"New'Zealand, to seven years' j. imprisonment for manslaughter. -At. the ;• instatice-Vof Mr. Whyte,' the' Norwegian f.tVice-Consul ..'at Westport,(a man'; named i:'Connelly, upon, whose "evidence the case 'Andersen (and ■ Hallinan) mainly j : rested,-was. subsequently, arrested for per-" Jjriry.. :.Cdnnelly; was .tried on the charge ! ;. pf.'perjury, and found-guilty by the jury pand sentenced:.to seven years' imprison- '■ menh/ .He subsequently made 'a . co& j,. : ; fessio'n clearing Andersen (and Hallinan) I'of ; 'any'complicity, in the crime. On.Oc-l I tober 2 : Andersen was released from gaol. On. October' Hhei died. ■ '-':.- ■;'. ■ ■ •'. : -."''The -Norwegian . Vice-Consul, at Westport,■: after 'Andersen's 'death, ■ appplied to < the Minister Justice cut . 'Wellington, ■ demanding, on bep.half of Andersen's very poor' parents, i : .a;compensation of',£looo, on tho ground J', that the death of-their son was caused ;.■ by ' the-unjust imprisonment aiid con- ), demnation, which statement was. supf, ported -by two-doctors' 'certificates.' In i i. a-letter of September 15, 1909, the Nor-1 i wegian. Consul-General- in Melbourne set [■.forth the same claim of compensation. >'■ The"Minister for .Justice, iff his reply S'.toj.tho latter claim,-does not-seem to deny f:that Andersen's death, was due to his J ;-.:imprisonment-and 'trial, but he states!

!.:that tho Government, of New Zealand j.'cannot recognise the claim,.'namely, for i""the. leamn that Andersen .tad a ,fair i".triali'ana that his xonyiction was not duo' iVto. "any omission-or miscarriage of any . .ofncinl.',of . the Crown."' Turthcr, , the (speaking of Andersen and pEcllinan): states''that, tho presumption t-is that their,conviction.was duo to .theirhfailure,to.givo evidence, on their own [behalf. : •".,'.■- ." ■ ; . .

?v".'l.: ; .The Norweiriaa ■Charge."d' Affaires •;, begs to point out that it is evident .that th« j:";twb accused failed to give 'evidence on I: the advice'of their counsel; that also the j: Minister'takes for granted..- Supposing the £ report' of '.' the case-given' in enclosure j vis'.'correct,'' the counsel's advice to the L: accused not .'to' givo evidences was !:■: to •'some,, information furnished by.-the (: police,. r according ~to ■ which Andersen i-r should have teen convicted three times' [;• for theft. After the trial this information ■ proved to bs incorrect, so. An- !;: dersen's-failure' to give evidence was, in' i fact," duo to the mistake made by the :.police. In these circumstances it seems ;■ hardly-fair toVmake it a point in' Anf; dersen's disfavour that he did not. give ;■ evidence!. ■ ; . . •.• • • ;

fKfcW "Could Prove His Alibi." -.' [J; ■'■'.•" '2. From the enclosed 'paper cuttings j. , from, a .local- newspaper may be seen V; that. Andersen,. after the jury had ref•■: turned .their verdict of guilty, and on the from the judge if he had any-' f.;. thing..to ,-Eay.-why sentence should not bo J- passed;.upon him, began to make,'a.statej ..ment to the effect that he was innocent i--;. of.-" the ! crime, .and that- ho could prove f/Ws: alibi. Tho jiidge, however, stopped [: him by tho remark that it was no usef; for.him now to: address him on the subi;;.ject, arid that ho , .(the judge) now had i--to sentence him.. The judge may havo iv-acted, formally 'correct, but the. incident |L 'eliows in any caso that Andersen tried to f.' "prove..his innocence at . the very first (Vmoment, he ■ was allowed to., speak, and. K; even'.' before -sentence had been passed, i-'-: ".,'.3. The case.made a great sensation in £ /Nqw , Zealand, 1 and the sympathy with I. the-'poor man was .great and' general. I - .}. All .tho. leading, newspapers of the Dori, miiioh : are said to have • advocated at the iVitime that Andersen should be compen-|vaated:-.-K ;■:■'.. '....; ■;.-.■. fft; .'"4.'The : represenfativo . of-. Ander■■^se'n's-'.' parents., .has pointed : out that /the conviction. -of. Andersen must i: -principally be attributed to neglcctfnlnefs on/the :part of the police in their. investi-f,V-gatibn of the case. ' ' ' ■' I, - "'5.-Andersen was awarded a medal by ;. .the Board of ;Trade for.the rescuing, in ;■ vIS9O, of members of the crow of a wreck h-ed'British steamer. .\ [. ";'6.'' A'ndersen's parents have stated that {.'.* tliey will-be content 1 with a.smaller , coin-. [;. pensalion' than the amount' (iClO.OO) , first j. asked for on their behalf by the . Nort.':. wpginn Consuls, at-Westport and. Mel;/:bourne. '■: .- '.'.•■ " ;'■•- '-.'-.

I: '""I. If in" Norway a person lias suffered punishment..according-, to.. a . sentenaß .passed-uppjv.liim,: anil, ho js,, after, a now ti'ial,-acquifted.i'of the , crimed'ho is, according to clause 469 of the Norwegian law . relating. to the procedure .in criminal cases (of July 1, ISS7) entitled to compensation from the Exchequer, for .the punishment executed upon' Mm. Compensation may also he claimed by a person who lias boon taken into custody charged with a crime, but who is later on released. If a case like the , present liad occurred in Norway. the person in question would consequently have been entitled to compensation.'" ■ / ■ ■. Claim Not Recognised, :> Tho Ambassador was informed in duo courso that the New Zealand Government refused to recognise, the claim, and no assurance was give'n tKaf the British Government would press for a settlement of the claim. ' . • . ' ' Mr. E. R. Whyte (vice-Consul for Norway at Westport) received a further communication • from Mr. Sigurd Bentzon, Consul-Gcneral at Melbourne, recently, which included the following passage:— "I know that foreign representatives in New Zealand have been advised by their respective Governments of the (Hallinan and Andersen) case, • and what their respective Governments may'expect from New Zealand if ever placed in .a similar position as Nor- :' * . *■' ■ ' » i As evidence of the. sentiment of the people of Westport in regard to this matter, Mr. Whyte says that the citizens presented Mr. M'Doiiald with a handsome gold watch and a set of law books, and subscribed! towards the erection of a tombstone for Andersen—the finest monument, in tlveOrow.aiti Cemetery. For his services in connection,with the affair, Mr. E. R. Whyte has been decorated by King Haakon with,the Order" of St: Olaf.