SUPREME COURT.

Evening Post, Volume XLIII, Issue 141, 16 June 1892, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. YICTERDAT. (Ueforo His Honour the Chief Justice.) THE EKKTAHUNA MURDER CASK. The hearing of the charge against Charles Smith was continued until 4.40 p.m. ycßterday. Walter Hodgr a, saddlor, was subjected to a long examination. He deposed that after 11 p.m. on the 11th February last ho heaid tbreo men talking near his houso in Eketahuna. He heard them talk about monoy, and one of them said, " Yon oan't havo it, and " What are yon doing with that knife.'' A littlo later on bo heard tho men squabbling, and thonght ho heard one of them being attacked. Cross-oxainined by Mr. Jclliooo, witness said that tho reason why ho did not give evidence at the inquest was that ho did not wish to be brought into tho case. It was true that ho had been convicted of indecent assault in tho South, and sentencod to five years' imprisonment. Kroxamined—He was subsequently exonerated from all blame, and was awarded compensation. Mr. Gully explaired that all ho know was that Hodges had been in a dying condition, and had been removed from tho Hospital. Witness said that when he oamo out of the Hospital ho received somo money from tho Publio Trustee, and understood it was on account of his having been sont to gaol. Ho believed ho had bad a tumour in his stoumoh. Was unconscious for a timo, and his illness had left a complete blank. Mr. Jellicoo observed that it wasovidont tho_ witness' statements wore so oxtraordinary that he did not know what ho was saying. Mrs. Anderson, who lives atEkotnhuna, stated that slio had also heard men quarrelling in tho road late on tho night of tho murder. John Youngaon, farmor, Mauricevillo, recalled, deposed that ho was unablo to say whether tho knife found on tho murdered man was the one which tho lattor had boon using for cutting tobacoo. Frodoriok Ja^gorhorn, an entirely now witness, gave evidonoo that ho was at work at his houso on tho Alfredton-road on tl o 11th February. Ho went to bod shortly after 11, and it was not long before ho heard some voices near Bronwell's back yard. Ho also hoard footsteps. Ouo of the voices was that of an angry person. Tho men— ho believed there woro two— talked for botween 15 and SO minutes. Afterwards Brenwoll's dog barked, and he (witnoss) went outsido, but found no person about. Thos. Dowdoswell, builder, Eketahuno, also deposed to having hoard voioos in tho direction of BrouweU's backyard, between 11 and 12 on tho night of 11th Fobruary. John Youngaon, rocallod, stated that Dalton's voice was soft, but not very dear. Had never heard Dalton speak whonoxoitod. Sinclair Munro Georgo deposed that lio was in chargo of some grass-ontting oporations at Manjpiono. Ho and four mon lived in one tent, and tho prisoners Smith and Harrison in another. Smith and Harrison loft tho oainp about 5 or 6 p.m. on tho night of tho 11th. About 2 a.m. Harrison returned, and was speaking in a hurried tonu as if excited. Snut h ateo roturned about tho same time, and witness hoard them speaking in their own tent, but did not hear what they said. Up to that timo tho mon had net received any pay from witness. Paul Bistre, who was in tho camp abovo referred to, deposed that when Smith and Harrison roturned from Ekotohuna on tho morning of the 12th ho hoard tho lattor will the former a big fool. A fow hours boforo this, witnoss saw tho t\to men drinking together in Eketahuna. Ho noticed Smith pull out 2s 6Jd and roinark that that was all tho money ho had. Tho Court then adjourned until this morning. This Day, Tho hearing was resumed at 10 this morr.« ing, when Mr. Skoy, Government Analyst, was called. His evidenco was to tho offoct that he had examined tho stains on the oap and handkerchief nsod by Dalton, and was certain they were blood stains. Tho Crown Prosecutor, addressing tho jury, contended that there was no evidence to justify the theory that Dalton hod taken his own life. The man hod nevor, so far t s was 'known, expressed a dosiro to commit suicide, ana tho fact that there were signs of a Btrugglo on the road was a proof that Dalton had not killed himself. Tho most conclusive proof, however, that tho case was not ono of suioide, was the position of tho wounds, moro particularly the stab on tho left side, which it was olear had not been self-inflicted. It was, ho (Mr. Gully) thonght, olear that a murder had been committed, but he was not prepared to Ray that tho crimo had been premeditated. In all probability it had.been committed on the impulse of the moment because of Dalton's refusal to allow prisoner to go through h'm. An important feature of tho oase was that no money was found upon Dalton, although ho had changed a onequo a fow hours previously, whereas Smith, who had been without monoy when ho and Harrison wore togothcr on the previous evening, wr s found to bo in possession of cash when arreated. Mr. Gully admitted that thoio were certain discrepancies botwoen the evidence of Bone and White as to what took place in the Railway Hotel, but said they wero not of sufficient importance to justify tho jury in discrediting tho whole testimony of thoso witnesses. Tho inconsistencies in tho evidence did not, he submitted, substantially weaken the case against Smith. They did not disprove tho assertion that prisoner and Dalton were together at Elliston's hotel, and also afterwards. It was certain from the evidenco that prisoner and Dalton were in the hotol until after 11 o'clock. There was some doubt as to the hour at which they went away, bnt he thonght tho time might be fixed as half -past 11. There was a possibility that tho two mon whom Gnard Johnston mot in the stroet about a quarter to 12 might not havo beon prisonor and Dalton, but from the description given by Johnston it was ovident that it was Smith and Dalton who asked him tho time. If the evidence of Anderson was to lo believed it was Dalton and Smith who endeavoured to get into his (Anderson's) hotol shortly after midnight, and taking that witness' evidence in conjunction with what Johnston had stated, there was, he (Mr. Gully) submitted, quite proof enough as to the identity of the two men who were seen in the township late on tho night of the 11th. Thon again, some of the witnesses had Bworn to having heard ono of tho men trying to persuade the other that it was too Into to go to the hotel, and tho infereneo was that prisoner hod been doing all ho could to prevail upon Dalton to go down the road and not retnrn'to the hotol whore ho (Dalton) had arranged to stay. It was ovidont that Smith and Harrison had a strong desire to get tho man out of the township, and it was inferred that they were anxious to get him on tho Alfred ton -road so that they might rob him. Evidence had also been given that men wero heard talking on the outskirts of the township about midnight, and the suggestion of the Crown was that the man had been wounded about 1 o'olock, just about tho time that tho prisoner must havo left Eketahuna in order to return to Mangaone. Mr. Gully emphasised the foot that Smith, had not made any statement whatever when arrested, and he asked the jury to take tho circumstance into their serious consideration, as he thought it was most singular that a man accused of a dreadful crime should have refrained from any explanation whatevor. Mr.' Gully's address lasted an hour and a quarter. Mr. Jelliooe began his address for tho defence at 11.30 o'clock. Ho reminded the jury of tho serious duty imposed upon them, and pointed out that the case was one which demanded from them and him the most unwearied attention. The Crown bod advanced two theories. The first was that Dalton had been murdered, and the second was that tho murderer was tho prisoner; bnt he (Mr. Jellicoe) believed he should be able to establish the complete innocence of the accused. In dealing with the suggestion of v homicide the jury had to consider the position of the wounds, their nature and extent, and their direction. Mr. Jellicoe quoted from Dr. Taylor's well-known work on Medical* Jurisprndence to show that persons sometimes committed suicide by stabbing themselves in most unusual places, and he also cited a case in which the injuries were of so singular a nature that if tho suicide bad not beon witnessed by several people it would have been concluded that a murder bad been committed. What ho (Mr. Jellicoe) put to tho jury was that tho direction of tho wound on the sido was consistent with tho theory of suioide. If the iary accopted the theory that Dalton had made tho wound himself, then they would havo no difficulty about the wound in the throat, because Dr. Beard had said that it was po3sible that that injury had been self-inflicted. Mr. Jellicoo at this stage laid before tho jury the coat worn by tho dead man, and then had it pinned on a constable's book. The learned gentleman took a knife, and making some motions with it he (submitted that tbe wounds on Dalton could not have been inflicted by another person. Mr. Jellicoe went on to Bay that it was not for him to prove that there had been a suicide ; it was for tho Crown to prove that a murder had been committed. Dr. Beard, in his evidence, had not proved conclusively that tho wound in the side hod not been inflicted by the man now dead. Ho said that the wound in the side might hare been caused by any ordinary pooket knife, and it was possible that the wonnd had been inflicted by tbe deoeasod with a knife which had not yet been found. The jury must tako into consideration the place where Dalton was found. Tho doctor said that if the man had inflicted the wounds himself he would have had strength enough to havo walked half a mile, and to have thrown a knife a considerable distance. The theory of the Crown was that Smith, had thrown away the knife after committing the crime, bnt the jury should not accept that idea without realising that it was possible for the deceased to have thrown his knife away after wounding himself. Tbe man had not died until several hours after the wounds had been made, and Dr. Beard said that Dalton would havo had strength to havo walked h»lf a mile. It was singular, that if Smith had committed the injnry, that Dalton had not made his way to some of the neighbouring houses. Another point which he (Mr. Jellicoe) had to bring before tho jury, was that no marks of any kind woro found upon tho hands of the deceased, a fact which he (Mr. Jellicoe) submitted showed that the man had not been assailed. There was nothing to show that Dalton, finding himself berett of bis money, and under tho influence of liquor, had not taken his life. The theory of murder had been demolished by the evidence respecting tho position of the body and the condition of his cap and handkerchief, and there was, he submitted, just as much reason to believe that thero had been suicide as that someone had killed the man. It had been shown that tho man in the dock had been a quiet, inoffensive man, but tho jury were asked to believe that be was a mnrdorer and a robber. The shirt worn by the prisoner had not been found to bear any spots of blood, and that was, he (Mr. Jellicoo) considered, proof positive that tho prisoner had not assailed the deceased. Then again, the jury must recolleot that the prisoner had after the committal of what was said to be a murder walked five or six miles ; walked into ' a tent ocoupied by his employer and several £ other mon ; bad engaged in conversation £

with a man in tbo samo tent ; and ho had used his own knife to cut somo bread a'tor his arrival in tho camp. Ho (Mr Jcllicoc) submittod that tho conduct of the mon on roturning from Ekctahuna was not that of men who had just committed a dreadful orimo. The Crown had mado much of the fact that tho prisoner had not givon the arresting constablo any explanation, but ho (Mr. Jcllicoc) thought that tho circumstance ought not to weigh with tho jury in tho sHg litest degree. At this stage tho Court adjourned for lunch. On resuming at 2 o'clock, His Honour asked that Dr. Beard should be re-called, in order to explain whut ho meant by saying that tho wound in tho sido was "downwards and inwards." Tlio doctor was not in Court, and Mr. Jollicoo resumed his addrnig. Tho learned gentleman wont on to say that throo points which tho Crown had put forward wore — first, that Hcrrison left Smith and Dalton together ; tho second was that Smith and Dalton wore drinking together ; and tho third was that Smith in going to his camp must havo passed tho spot whoro Dulton was found. If the jury considered the evidence did not bear out thoso points, they must hold tho prisoner innocent. The Crown Prosecutor, in addressing tho jury, had reforrcd to what ho termed discrepancies iv tho evidenco as to tho doings of tho mon in tho hotels, but ho (Mr Je'licoo) vonturcd to say that they woro absolute contradictions. Tho learned gentleman dealt at length with tho evidenco in referonco to what had taken placo in tho Railway Hotel, and laid stress on tho fact that Miss Williams, the barmaid, was unable when undor examination to say who wore in tho hotel boforo Bono and Whito appeared, and ho submitted that it was roasonablo to suppose that no ono else could say who had beon thoro. Tho ovidonco showed that men had paisert Dowdoswoll b house about 12 o'clock, and tho question was wborc wore Harrison and Smith at that time. Mr. Whito and others stated that it wan after 12 when thoy had supper, and it was staled thn t Harrison lmd been in tho hotel until that timo, but he (Mr. Jollicoe) considered that Elliston's statemont in roforenco to tho timo when Harrison wont away was not worthy of oredonco. Anothor question for tho jury to consider was who wero the men soon by Johnston, tlio railway guard, in tho stroot at a quarter to 12. There was no ovidenco to provo that tlio men woro Dalton and Smith, and the inference wa3 that tlioy wero boiiio other mon. It had boon statod that Harrison, Dalton, and Smith wero all drnnk. Tlio barmaid snid that thoy woro all tipsy, and ho (Mr. Jcllicoh) linked the jury to say what thoy thought of tho conduct of the man who had allowed them to receivo liquor whilo in that state. [Loft sitting.!