CHARGE OF MURDER

Dominion, Volume 11, Issue 58, 1 December 1917, Page 10

CHARGE OF MURDER

THE MANGA TRAGEDY

EGGERS BEFORE THE COURT

STORY OF THE HOLD-UP

Creymouth, November 30.

The Magisterial hearing of tho charge of murder against William Frederick Eggers, alias M'Mahon, in conection with the Runanga tragedy, was commenced to-day, beforo Mr. Hutchison, S.M. Considerable interest is being taken in the case. Prisoner, in the box, appeared composed, and took a keen interest in the proceedings. He was not represented by counsel, but was supplied with paper and pencil, and took notes of the evidence.

Mr. Harniam, for the prosecution, referred to the fact that prisoner was not legally represented, and asked ii his Worship desired to order the Court to be cleared of witnesses. On putting the question to the prisoner, tho lattei audibly and distinctly replied, "It does not matter."

The first witnesses called put in plans and photographs of the locality of tho tragedy.. Over forty witnesses have been subpoenaed, and it is expected tho bearing will last three days. Bank officials idoutified two books oi five-pound notes, amounting to £1000, produced by Detective Abbott. Clthei details of the £3000 odd stolen corresponded with the pay made up on November 8, half-crowns being placed on top of bundles of sixteen each, ana marked with ink, were sworn_ to as idonticjal with coins matrkod in the bank, and included in the pay, and exhibited by Detective Abbott as portion of the money found in Christchurch. The State mino manager, Mr. James, ono of the occupants of the car, gave evidence as to seeing the obstruction on the road. A man rushed out calling ''Hands upl u James's left hand was grazed, but he did not hear the shot. Almost immediately he heard three shots. Coulthnrd and Hall swoonea and groaned. Witness took two men ho saw in the distance to be confederates, and made in the direction of the camp. He stated that the revolver in the right hand of the masked man was nickellcd. Subsequently on the car that was bailed up and onreaching the hospital witness found empty cartridge shells and bullots. Prisoner questioned tho witness _ at length, stating that it was impossible for tho empty cartridges and bullets found to fall "in tho car if fired from an automatic pistol. , Witness maintained that it was a nickelled revolver, but he did not say that it was automatic.

Prisoner repeated that an automatic pistol would not eject cartridges. Prisoner put several questions relating to James's evidenco as to the firing of shots, endeavouring to show that it was impossible for witness, after running a distance of from four to six chains, to sec three shots fired at Hall. Witness stated that the masked man followed him through a cutting, and later he saw the masked man's actions, which he interpreted as firing three shots at Hall. He also heard the reports. Eggers put questions to Mr. James. Prisoner: You stated that the pistol in tho right hand was a nickelled one, and that it must have been automatic? Witness: The pistol in the right hand was nickelled. I know nothing of automatic pistols. Prisoner stated that it would boirnpossible for tho empty cases described as being found in the car to have fallen from an automatic pistol. _ If witness maintained that it was a nick-elled-pistol, the shells found in . the back of the car coxild not havo been fired by the pistol described by witness as having been held in the right hand. A nickelled pistol would not eject cartridges. Prisoner further stated that it would have been impossible, owing to the uprights in the front of the* car, for a man to have had both hands in the car as witness contended. The witness replied that there was only one upright. His Worship (to prisoner): You are not putting any; questions! to witness. Put your questions and tho answers will be taken down. Mr. James did not say the shells found in the car were used by an automatic pistol. Prisoner: You state you heard no shot when you felt your hand grazed; Witness: No. Prisoner: Could anybody else do that shooting? Witness: There might be. Prisoner: You state that while going down the road three shots were fired at you?

Witness: Yes. Prisoner: And a. further, three shots Witness: I saw and heard three shots fired at Hall. , Prisoner (to witness): Where were you when you saw the three shots fired at Hall? ~ Witness: At the railway. Prisoner: How far away would that be? . Witness: Six chains. Prisoner: Do you mean to tell mo that you ran six chains before the shots were fired? Witness: When the man was firing the shots at mo-he followed mo through the cutting. , • . Accused: Yet, in his previous evidence, he says that all the shots were fired from one point?

Witnes: No. The Magistrate: He said that the shots were fired near the car and in the cutting. Prisoner: Nothing else? Mr. James, in reply to His Worship, said ho thought twenty to twenty-five seconds would havo elapsed from the timo he left the car till ho reached tho cutting. Prisoner contended that it would havo been impossible for witness to have seen this car on the road from tho railway line, nine chains away from the scene of the tragedy. Ho doubted if oven the top of the hood of the car could be seen from the point marked. The witness said bo would stand by what he had seen from the railway embankment in a lino with the road. Prisoner said the railway was not in a lino with the road, and submitted that witness would have stood hilly thirty yards further _ before lie ( the witness) could sight t 7 3e car from tho position of the latter, marked on tho plan. Dr~. M'Kay gave evidence as to having examined a punctured wound on the uppor and outer side of the left thigh. He detected a foreign body and extracted it. It was similar to the 1 bullet' (produced). The penetrating power of the bullet appeared to have been low, the bullet-'being practically under the skin and it bad not travelled far. His opinion was that it either had boon fired at a great distance or had been a weak cartridge. James had also a contused wound on the left hand.

Peter Manderson. an eye-witness, stated that ho and his son William started from Runnnga hetweon 5) and 51.30 on the morninp of November 9. They were both cycling towards Coal Creek. AVitnoss stated that he noticed a box on the road after coming down Camo Hill. He only noticed the box. At the samo time he saw a motor-car coming from the other direction. He

was about forty-five yards from the box when he jumped out. The car struck tho box, and then there was a noise and a crash, and a man jumped out of the bfish from the left-hand 6ido of the road going down. Witness got a full view of the man, who had a blue dungaree suit on. The man had a mask on his face, buf'no cap, but thero appeared to bo some tight-fitting covering over the top of tho head. Tho mask seemed to be dark, and covered about four inches of the face from the forehead down. He noticed no openings for tho eyes. As soon as tho man stepped from the bush he seemed to take up a position and hold out two revolvers, callig out "Hands up!" There was one revolver in each hand, which appeared to be pointing right into the car. The man appeared to stand right over the driver. Witness said to the young fellow with him: "Get back," and they rushed back and threw their bikes on to the side of the road, and slipped under a fence which was four or five yards from the road. When they stepped under this fenco he heard shots fired. There were a number of shots fired in quick succession. He then got. further around and watched Ihe cornel of the'road and the railway. After tho shots ceased he noticed a man on the railway—the ono he had first seen with a bag in his hand. The . man was travelling towards Runanga. He noticed fTie man enter the cutting, but did not see him come out of the cutting at tho other end. He watchen the cutting all the time to seo if the man camo out, but saw nothing more of him. Witness then came out of tho scrub. A boy named Joseph came along first. Ho then went to the car, followed by Steele brothers, and found Mr. Hall in the back seat of the car lying across the seat towards the left-hanr, side of the road. He spoke to Hall, and saw Coulthard moving his lips ana eyes, and blood was.coming from his mouth. He noticedthafc Hall's pocket was on fire on the right-hand side. H6 was present when the photographs were taken.

Asked if the man had a mask on, witness said he did not notice that, hut the man had on dungarees, and carriea a bag in the left hand.

Accused: When you saw the man on the road how long elapsed from tho time you heard the cry "Hands up!": Witness: Probably, I should say, four or five seconds.

Af.cused: Did you hear any mere shooting later?

Witness: I cannot sav that T did. It was about a minute afterwards that. 1 saw a man on 'the road.

Accused: Thank you. You heard a report. Was it of a weanon?

Witness: I should say it was the noise of tho box being smashed.

Hugh Steele stated that he was a miner stationed at Diwollie. He remembered driving along Seven Mile Road, and know the cutting where the tragedv happened. Fe knew Manderson. When coming down tho bill be saw Manderson hold up bis hands. Mawlerson seemed vorv excited. H6 pulled no about 40 yards from tho cai and heard groans. He saw the box and . ladder across the road, and jammed up against the car. He goij out of the trap, and rushed down to tho car, and noticed Coulthard on the left-hand side of the- rnad. Coulthard was about five vards from the car, and lived for about three minutes after witness first saw him, and was bleeding from the mouth and the nose, and the coat pocket was on fire, also a sweater that he was wearing. Witness put the fire out. It was in the inside pocket. Wit'noss went up to tho car. and saw Hall. Hall was lying on tho corner of the back seat of tho ear. He found nothing in the car. and did not touch anything. Ho spoke to Mr. Hall. He picked up the cartridge shell that was lying under Coultbard's mouth.

Accused: What distance was Coulthard from the car?'

Witness: Five yards away. Areused: You picked up an empty shell ?

Witness: Yes. Accused: Your Worship, will you let me see that shell?

The Magistrate: Certainly

Abused: I want to know how far Coulthard was away from the place wherA tho man who fired the shot was standing.

• Witness: Five vards. Accused: At what angle was Coulthard lying?

Witness: In a slight angle—about eight yards from tho front of the car.

Accused: How far from the front wheel was iCoulthard lying, or was he in front or behind the car?

Witness: Five yards forward from tho car on the left-hand side.

Accused: Was the cartridge case ly inp loose or in tho blood.

fitness: It was in the blood, as it was found after the body was removed.

The Magistrate: When witness said it was under Coulthard's mouth, it was where the mouth would havo been lying. _ • Accused: W"re tberp nny more clots of blood on tho roadside. Witness: Yes. There wis one lot where Coulthard was found and another further along. Accused: Did you have any particular object for scraping the blood? _ Witness: I was looking for cartridges. Accused: You did not find more, did you ? Witness: No. Tho accused asked His Worship if ho would have any obiection to him seeing the bullets found in the car. Constable Hodson, stationed at Dunollie, gave 'evidence as to bow he found Coulthard's body.

Charles Parfitt gave evidence as to .the finding of two bullets and four cartridge cases in tho back seat of the mino car when it arrived at the hospital with Hall.

Dr. Meade, medical practitioner, Runanga, stated that when he got to the scene the State Mine car was there'. Ho arrived on the. snot about twenty minutes to ten. He described the position in which he found Coulthard and Hall. He saw a revolver in the car similar to the exhibit. When ho saw it first someone was looking at it behind his back. Ho took tho revolver and put it under the cushion of the car. Later in the day he was present at a nost-mortem on Coulthard's body with Dr. Usher. The causo of death was acute haemorrhage. It would be quits possible for a person to get out of the car after being shot like Coulthard was. Accused: It is hard for me if only half the questions are to be asked from this doctor and half from another doctor. The Crown Prosecutor said he would read Dr. Usher's report to Dr. Meade. Tho Magistrate: Oh, no, we won't have that. Witness, continuing, stated that haemorrhage is caused by a puncture on the right side. Accused: Was the bullet extracted, from Coulthard? Witness: Yes—the bullet was extracted. Accused (to His Worship): Is the bullet on exhibition? The Magistrate: I expect it will come out in evidence. Prisoner: Is it here now? Witness, who was shown a bullet, said it was rather like it. The bullet was also shown to the accused. Inspector Criiickshank stated that be received from Mr. James the four shells and the two bullets on November 18. The bullets are a 32 calibre cartridge. He was sure of the brand of the cartridge, but he could not tell without his glass. The Magistrate: Is the question important regarding the brand on the exhibit? Tho Crown Prosecutor: The question

is most important, for if anything is found in the suit-case to correspond with the exhibits it will be important. Detectivo Abbott might ha able to tell that three of tho oxhibits bear the samo mark as tho exhibits found in the suit-case in Christchurch.

The Magistrate told tho Crown Prosecutor to call Inspector Cruickehank in the morning. _ Then ho would be able to give the desired evidence.

At 5.45 the Court was adjourned till 10 o'clock this morning.