CHARGE 0E MURDER. PIPITEA-STREET TRAGEDY.

Evening Post, Volume LXXIX, Issue 74, 30 March 1910, Page 6

CHARGE 0E MURDER. PIPITEA-STREET TRAGEDY.

ACCUSED BEFORE THE COURT EVIDENCE FOR THE CROWN. In the Magistrate's Court to-day, be* fore Mr. W. R. Haselden, S.M., tlia charge against Robert Corkill that ha murdered Christopher Denis Smith, ia Fipitea-street, Wellington, on the 4ti* inst., was proceeded' with. Mr. Myers, Crown Frosecuter, conducted the case, and Mr. P. W. Jackson appeared for accused. Br. A. W. lzard deposed that on th* evening of the 4th March he was called to attend tho body of a man lying in a passage way at 60, Pipitea-stvcet. Jle had since been informed that tho man, was Christopher Denis Smith. When, witness examined deceased, he saw a wound in the region of the heart whicti might have been caused by a bullet. 'liiomas Warnock, draper, deposed t» knowing deceased Smith. He identified the dead body in the morgue as that of Smith. Deceased, some time ago, was in his employ for several years. He had been re-employed by witness some time prior to the date of the shooting, and had left on the Ist March. Previous to this h« (Smith) had been in Blenheim. Of late, prior to Smith's death, witness sated, h# knew deceased was hard up. \ Dr. W. K. Fyffe also gave evidence.! Witness made a post mortem examination, on .the body of deceased on the Sthi March. Deceased was a well-n«urished man. There was a wound slightly under the left brast. There was a wound of entry into the left ventricle. A bullefr was discovered embedded in the muscles between the sixth and seventh ribs behind, close to the spine. The direction was almesfc horizontal with, perhaps, a tlighfc declen&ien downwarde. The cause o£ death was hemorrhage into the pericardium from a bullet wound which pene« trated -the left ventricle of the heart., The size of the bullet corresponded with the hole in the chest. In. reply to Mr. Myers witness said that the wound was exactly at tke four foot mark from the foot. Constable E. J. M^KeJvie, stationed at Clyde-quay, tendered formal evidence as to the post mortem examination. THE SHOOTING. Reginald Walter Clifford, grocer's pb< &istant, stated that he was walking down Pipi tea-street on the evening of the 4th I March. It was about 6.5 p.m. As he approached No. 60, he saw accused and Smith come out of the passage way on Ito the footpath fr«m No. 60. Smith appeared to be hitting accused, who fell down. As he got up, he drew a revolver from his trouser pocket, and fired it m« stantly and almost point blank at Sinitfl. ! When accused was on the ground' Smiti» was standing by him, just looking at him, but doing nothing. In reply to a question from Mr. Myers, witness said that accused pulled out the revolver as he was getting up, but .he was not quite erect when th» shot was fired. The men were talking at each other both before the fracas, and while Corkill was on the ground; but the remarks were not audible to witness. After the ehot was fired, Smith stood a second and said something to accused, then turned round and walked up the passageway of No. 60 in th« diiection of the house. Witness did not see Smith fall, as he had to go into a house four doors lower down. He did not know Smith was then dead. Witness came out again shortly after, and saw Smith lying apparently dead in the. passageway. Accused then was standing by the gate of No. 60. There \\a& at number of people about, but none insid* the gate. Witness narrated how he and other* tried to get in the gate, but accused paid : "No, • I am in charge here." Shortly afterward he turned and walked up ana down the street. When the j^ata was clear witness, with others, went in. to Smith, who appealed la oj (jui'h. ..oad. . ThT« wps blood on his shirt, and a bullet hole in his vest, which was open. i Beioie the police arrested Corkill some, men caught him from behind and relieved him of the revolver. Witnes* added that at the time the shot warn tired he was from 10 to 12 yards away, and had a clear and uninterrupted view. Leo Gleary, a boy of eleven, detailed what he saw of the tragedy. In the passageway vof No. 60, Pipitea-street, dh, the night of 4th March, he gaw a young and an old man scuffling, and eventually the former knocked the oH'maoi down, on the footpath outside the gate- Whil« the old man was down the other stood over him. The old man drew a revolver and shot the younger one. The latter, when shot, said something that sounded like, "Oh, you brute!" lie then walked up the passageway of No. 60, and dropped at the door. The old man meanwhile walked up and down th© street grumbling to hnnf&lf and rubbing his chin. Later, accused suggested bringing a doctor. Witness added certain, details relative to the capture of a'ceused. Walter Keginald Styles, bootmaker, . deposed to having been in Pipitea-street on the night of the tragedy, and to hearing a shot, He went down and saw a man, apparently dead, iying in the passageway 'of No. 60. Accused was walking up and down outbide. He heard accused say to another ~-niaii : "He is lying there. If he gets np I'll give him another. I've got it here." Witness added that Corkill appeared to have been | knocked about, and there was a big lump ! on the left cljeuk' under the eye, aiid his clothes were soiled with dust. Edward Alexander, commercial traveller, who held accused after the shooting, until the police arrived, nnd Constable C. P. Callery, also gave e\iden<.e. Oliver Mewhinney, Civil servant, stated that after seeing the man lying in • the passage, he asked accused what haa happened Corkill reitcialed that he was the b.iiliff, thct deceased had interfered with him when he had trkd to get into the place, suid hit him on the jaw. When asked if it was he who had sh>>t the man, accused merely replied, "I tHd not intend to go away." Whil» witness was talking to him accused had his hand in his right hand trousers pocket. Ernest Ford deposed to seeing Alex- | andcr and accused struegling on the ground. Accused had his hand in his pocket gripping the revolver. Witness pulled Corkill's hand out, and removed the revolver from it. INSPECTOR ELLISON'S EVIDENCE. John Ellison, Inspector of Police, stationed at Wellington, said he was called to Pipitea-strect on the evening o* 4th March. Adjacent to a crowd that had collected witness saw Alexander and accused, the latter being handed o\er to witness. Befoie he got into a cab that was waiting near by accussed said : "I will not try to run away." When ia the cab accused added : "Ho struck me twice in the gate, and I ran out, and ho knocked me down. I shot him, but did not intend to kill him. When no knocked me down I drew to sava myself, but I did. not intend to kill him. lam a bailiff; I come from Harcourt's. When I spoke to him outsiuo that's tho way he treated me. He waa in bed with his boots on when I went in. I told him to get up and get his things together, as th© furniture was going away in the morning. He Chen

threatened my life iv the house and pushed me out." Witness said that at the time he told accused that he was noting what he said, and would probably have to repwit it. but accused still Kept on protesting that Smith had struck him. He showed witness a lump on his jaw. and rppeaied the remark vhat he did it in his own defence. On nis wav to the station accused repeated tnis at intervals, and all to the same effect. At the station accused as-ked how Smith was. Witness replied that He had heard that Smith was dead. Accused said : "Oh, my God ! I did not intend to kill him. 1 did it in niy own protection. I was on the ground when I fired. I fired at random." Accused repeated that he was a bailiff, and showed his authorities for being at the house. When asked as to Uov.- the man was, witness told accused that he did not know the man's name, and accused said it was Smith, repeating th* story of his illtreatmenf. Witness then told accused he was charged with the wilful murder of a man named Smith, and accused answered : "Oh, not wilful. I did not intend to kill him." Accused had a lump on the jaw and a slight abrasion on the, temple. Accused was very agitated when he was speaking. Mr. Jackson stated beforehand that he would not cross-examine any witnesses, j -rr Accused was formally charged. He reserved his defence, and was committed to the Supreme Court for trial.