DEATH OF CHINESE

Dominion, Volume 21, Issue 303, 22 September 1928, Page 11

DEATH OF CHINESE

ALLEGED MURDER AT GOLD DIGGINGS POLICE CASE CONCLUDES ACCUSED SENT FOR TRIAL Dominion Special Service. Dunedin, September 21. Further witnesses in the police case against AA’illiam John Hardie on a charge of the murder of Sho. Leung Shum at the Kyeburn diggings on July 17, were heard in the Magistrate’s Couit to-day. Mr. F. B. Adams (Crown Prosecutor) conducted the ease, while Hardie, who appeared not in the least concerned over the hearing was represented by Mr. A. C. Hanlon. The length and tedious detail of the prosecution can be gauged from the fact that the number of exhibits produced exceeded 60, and that the court-room during the day resembled a pawnbroker’s shop. Constable Kearto’n, police photographer, produced a number of photographs of the scene of the murder. Phillip George, an artilleryman of the Central Battery, said he knew Joe Shum, to whom he sold a rifle in November, 1916. It was a .22 Marlin repeating rifle, with an octagonal shaped barrel. The broken rifle produced was identical in every way with the one he sold to Shum. A sling swivel attached by witness when the rifle was in his possession distinguished it. Detective Robert Lean said that on July 18 he took possession of a sack swag addressed “AV. Hardie” at the Dunedin railway station. He obtained the swag from the luggage office. He had boarded the train at AVingatui, and had gone through the train for Hardie, whom he could not remember having seen previously. Detective Jenvey accompanied him. He did not see Hardie, but at 10.30 on the following day he ami Detective Roycroft accosted Hardie in Cumberland Street. AVitness asked for an interview aud accused asked what it was about. AVitness told him it was a matter they could not discuss In the street. Hardie agreed to go to the police station, where he admitted that the swag was his property. Warning Given to Accused. In the presence of Detective Roycroft, Detective Lean said he told Hardie that a Chinese had been murdered at Kyeburn ou July 17, and that certain suspicions attached to him. Hardie laughed and replied: "I would not murder any Chinaman.” He said he did not know any Chinese at Kyeburn. Witness warned accused of the seriousness of a murder charge and gave him the usual warning about making a statement. Hardie replied: "I am not afraid of anything 1 say; I had nothing to do with the murder of the Chinaman.” Witness asked if accused would make a statement as to his movements on the day of the murder. Accused agreed, and witness typed a statement, which was read over to him and handed to him to read. Accused then signed it. Continuing, witness said that at 5 p.m. Hardie was told that Sue Pee, Shunt’s mate, bad just left Kyeburn for Dunedin. “The sooner he comes the better,” accused replied. Witness told him that Sue I’ee might not arrive till the morning and that it would be better to wait for daylight for the examination parade. Witness offered to.give Hardie a room—not a cell —at the police station. Mr. Hanlon: They tried to keep him all right—voluntarily. Hardie, said the detective, agreed to spend the night at the station. The identification parade was arranged on July 20, and at 11.30 witness arrested Hardie on the charge of murder. After being warned about making a statement, Hardie replied that he had nothing to say. Mr. Hanlon; In view of what the detective has just said, I think, in fairness to the accused, the statement he made should be read. Statement By Hardie. Detective Lean read the statement in which accused said he left Allan Cain’s place at 3 p.m., when nobody was at home, for Naseby. He saw Constable Fox and told him that he was ill. He had then no intention of leaving for Dunedin. He had tea with Allan Cain, tp whom he had shown about 2oz. of gold, which AValter George had given him the previous day. He swore that on Tuesday be neither saw nor spoke to any Chinaman. He had been to Kyeburn diggings a long time ago when he was working for the Hon. Robert Scott. On the night of July 17 he slept in his own hut, and rode into Naseby on the following morning on Cain’s horse. Cain motored him from Nasebv to Ranfurly, where Cain sold 2oz. 2dwt. ISgr. of gold, the large piece being that

amalgamated by Walter George, while he ffimseir nail blown the remainder. At Caversham the train Had drawn out while he was tallung to a man named Manter. He had stayed that night at 31 Bee Street, where he oiten stayed. He did not rememoer seeing any police on the tram. He had telephoned irom Caversham lor his rug, which he had lelt in the tram. He hau heard in the tram that a Chinaman had been shot at Kyelnfln. "I swear,” he stated, “1 was in no way connected with the shooting of the Chinaman. 1 am uot iu the least arraid ot any Chinaman identiiying me as the man near the hut, or the man given gold.” Sub-Inspector Eahen gave a full account of the identification parade. He said that sixteen young clean-shaven men, some dressed similarly to accused, were placed in a row. Accused was told he could object to any man and could select his own position. Aliss Law, the interpreter, and Sue Pee were then brought into the yard. He told Aliss Law to tell Sue Pee to walk up in front of the men and if he saw the man who visited his hut to place his hand on his shoulder. After the interpreter had spoken, Sue Pee stood for some little time. He asked Aliss Law to get Sue Pee t 4 walk forward in front of the line. Sue Pee continued to stand in the same place, and the interpreter said Sue Pee declared he was frightened to go forward. Nothing to Fear. Witness told Aliss Law to convey to Sue Pee that there was nothing to fear. Sue Pee refused to touch any man, saying he was frightened. Sue Pee was looking about and was smoking. After a renewed lapse witness said they could not stand there all day. Aliss Law said Sue Pee knew the man who was in the row and would not go near him. He said the man would not look at him. Sue Pee was urged to identify the man, but he replied (jiat the man was standing with his feet apart, he was looking upwards, he was wearing a red striped tie, and was seventh in the line from the brick wall. For some time Sue Pee could not be . induced to look at the man. Eileen Law, a student and an interpreter of the Chinese language, said that when asked to point out the man Sue Pee refused, saying that he was afraid, but the man was there. He again refused to point at the man, adding: “You go.” He described the position of the man. • Air. Hanlon: This is not evidence against the accused, as the conversation was in a language of which he was not conversant. AVitness said that as a result of what Sue Pee said she approached No. 7, and Sue Pee said in Chinese: “That is the man.” The accused was the man indicated by Sue Pee. Detective Farquharson, who has had charge of the police investigations, gave lengthy evidence, but practically the whole of it had already been given by one or other of the police officers or local settlers who had assisted him in his various inquiries. Expert evidence was tendered by two boot factory managers in the form of written reports. A lengthy assay report and comparisons of gold produced throughout the hearing was handed in by 11. G. Black, of the School of Mmes. This completed the case for the Crown and accused, who reserved his defence, was committed to the Supreme Court for trial.