MURDER CHARGE

Evening Post, Volume CVI, Issue 51, 7 September 1928, Page 11

MURDER CHARGE

EVIDENCE OF MINERS

ACCUSED'S MOVEMENTS GOLD COLOUES (By Telegraph.) (Special to "The Evening Post.") " 1 .. NASEBY, This Day. The depositions of fifteen witnesses occupied tho Magistrate (Mr. H. J. Dixon, S.M.) in the Nascby. Court for the second day of the preliminary hearing of the charge against William John Hardie of murdering Joe Leung Shum at tho Kyeburn diggings on 17th July. After sitting all day the Court rose at about 5 p.m. and adjourned to Duuedin. Allan Cain, sheepfarmer and carrier, said his acquaintance with tho accused began in May. ■ On the evening of 17th July, at about G. 20 p.m., he met accused at his house and learnt from him that he was leaving for Dunedin tho next morning. Witness invited Hardie in for tea, and as he seemed exhausted and shaky, gave him a stiff whisky. Accused spoke of having seen Constable Fox, and asked witness to take him to Hanfurly in the morning. While at witness's house Hardie produced some photographs, which witness said were very like those among the Court . exhibits. The accused also had some loose gold in a tobacco tin. Witness remarked that it was a nice bit of gold, and asked him how long it took him to get it. Hardie had to bo asked twice bofore he replied: "The best part of five weeks' hard slogging," and he said ho got the gold out there. Witness lent the accused his horse to go out to the hut, and just before Hardie left ho borrowed 5a for brandy for his cold and an oilskin coat. Just :is they were leaving for the station the following morning Hardie put his hand in his pocket and exclaimed: "I'vo left my miner's right at the hut." Witness said: "You have Buckley's ehanco of getting it before tho train, goes." He then offered to use his own right to dispose of Hardies gold, and on arrival at Banfurly witness took the accused's tin of gold to tho Bank of New South Wales and opened it up before the manager (Mr. F. B. Bell). It was the same gold that witness had seen the night befoTe. The manager blew the gold in witness's presence and gave him the blowings. Ho weighed the gold and authorised the clerk to pay witness about £8. This money wit; ness gave to Hardiej who then offered to pay for tho rent of the hut, but witness refused to take anything until he was well again. Tho accused returned tho blowings to witness, who later handed them over to Constable Fox. At breakfast that morning tho accused said ho had seen Constable Fox and Dr. Eudy going over the Welcome Inn Hill, and ho asked- witness what he thought they were after. Witness did not know. DEALINGS IN GOLD. Frank Butler Bell, manager of the Bank of New South Wales at Ranfurly, gave evidence which substantiated the statement made by a previous witness, Allan Cain, in respect to the salo of accused's gold. He said tho weight of gold he paid for on the 17th July was 2oz 2dwts 18grs, and gave particulars of another sale on 10th July of 12dwts 20grs of gold. He recognised the exhibits in Court. Witness' produced the bank's gold book as a record of the transaction. Evidence of gold transactions with Jo Shum was given by Bichard Frahcr, manager of the Bank of New Zealand at Ranfurly, who said that his bank had bought gold from Shum for fourteen years. The last sale was on Bth May, when Shum sold lloz 4dwt. The previous sale was on Gth December, and the amount was Boz sdwt 18 grains. Neither sample was assayed, as tho gold was always bought straight out from Shum, who (so far as he knew) sold tho gold only to witness's bank. James John Cain, a miner in Spec Valley, said that ho had a claim at Deep CreeK, between Nasoby and Mount Buster. About 28th April, Har.dio called soliciting work on the claim. Witness told Hardie that ho could stay on his property fora week at. 14s a day race cutting, and. when the claim was opened up Hardie, if ho wished, could join him in mining. Hardio stayed for tho first week at tho houso and then shifted to Allan Cain's hut. On witness's return Hardie said, "They tell mo that gold is not here for two, I want wages" The accused stayed for four weeks on wages, and' then said that he had entered into a contract with Allan Cain. Hardie was not at any time a partner in his claim, nor had lie any interest. Ho had no right to receive any gold from the claim. After leaving his employ, Hardie was engaged in fencing and putting in a sliucing box about a quarter of a mile from witness's claim. He had handed to Detective Farquharson samples of the gold and blowings from his claim. EXPERT EVIDENCE. Expert evidence as to the gold sold to the bank and that obtained from Shum's claim was given by Moses Brown, a miner of the Kyeburn diggings, who said that he had been mining for torty-eight years, and had been engaged as a gold expert. In his opinion the exhibits of gold sold to the bank, and that which he obtained from Shum's claim, were identical. Tho sold gold sample differed from the gold obtained at Deep Creek and Spec Valley, both iv colour and fineness. Isaac John Parflt said he had spent about 35 years' mining in tho Spec Valley, Littlo Kyoburn, and Deep Creek areas, and was well acquainted with the types of gold yielded there. Exhibit P (Hardies gold) was of a class that witness had never seen produced in Spec Valley or Deep Creep. Ho had seen the same fineness before, but never the same colour. This gold was darker than the Spec Valley or Deep Creek gold. Charles Thomas Hore said ho had handed samples of blowings and gold from his claims to the constable. He also assisted in the wash-up .on a working at Deep Creek, where Detective Farquharson and Constable Fox were at work. He blew the gold, and left samples of gold and blowings with the police. At this stage the Crown Prosecutor said he had two more witnesses —Detective Farquharson and Constable Potts —but much of their evidence depended upon exhibits that were now in Dunedin. The Court decided, to adjourn till 21st September, and accused was remanded to appear at Dunedin on that date. _^_^_____^__