MURDER CHARGE

Evening Post, Volume CVIII, Issue 111, 6 November 1929, Page 7

MURDER CHARGE

CAFFERY ON TRIAL

THE CASE FOR THE CROWN

BLOOD-STAINED BOOTS

(By Telegraph.) (Special to "The Evening Post;") AUCKLAND, This Day. Further evidence for the Crown was heard when the trial of George Cattery, a labourer, aged 34 (Mr. Diekson and Mr. M'Liver), on a charge of murdering Thomas Lcavy at 119, Nelson street i ou the evening of 2nd August, was continued before Mr. Justico Smith 'in the Supreme Court yesterday nftcvliooii. Detectives Knight and Snedden, who wcro called by, Mr. Meredith, Crown Prosecutor,' were closely questioned by Mr. Dickson regarding the connection of a man. named Patrick Byrne -with the investigations into the tragedy. Byrne, appeared as a witness in the lower Court, but he has not yet been called by the Crown. Margaret Langton, married, described a visit paid by Caffery to her house on the Friday evening. "Witness was with her husband in the house at about 6.35 p.m. when a noise was heard in the right-of-awy. She saw a man removing a bag of potatoes from the cart used by her- husband in his business as dealer. Her husband struck a match, and witness heard him say, ' Oh, it is you, Caffery." Witness told Caffery to put the potatoes down, and he. did this, saying he did not want them. He said he wanted to see Cole adding that he "would kill the to-night." Witness informed Caffery that Colo was not then living with them, but had moved to No. 119. James Langton corroborated the evidence of his wife. An inspection of the scene of the tragedy was made by the jury during the luncheon adjournment. BACTERIOLOGIST'S EVIDENCE. On resumption, Frederick William Armitage, bacteriologist at Auckland Hospital, was called. He testified to finding marks of human blood on a pair of black boots, a pair of grey socks, and a sheath knife, produced. To Mr. Diekson, witness said he had also examined a pair o* tan boots and a pair of blue serge trousers submitted to Mm by counsel. Asked whether blood could have been sprayed on the articles artificially, witness said'this would be practically impossible in the case of the trousers. "I propose to show that the. trousers and tan boots belong to Byrne," said Mr. Dickson.' "We admit the black boots are the property of Caffery." Detective Knight described his inspection of 119, Nelson street, and the apprehension of Caffery at his house. Witness said Obullion and Caffery had had liquor but were not drunk. Byrne was lying on a sofa and appeared to be in a state of helpless drunkenness. There were bloodstains on Caffery's boots and socks, but tho clothing worn by Byrno, showed no marks. ■ Caffery was removed to the police station, and Byrne was taken in charge later, being held on a charge of vagrancy. Witness said he found the tan boots produced on the evening of the tragedy in a wash house at the- rear of Caffery's house. The soles were'dry,'and there was blue mould round the lower portion. Tho path from the' road to the door of 119, Nelson street, was wet and muddy on the night of tho tragedy. Replying to Mr. Dickson, witness said he had made no mention of the tan boots in the lower Court as 'no reference had then been made of them.

"Did you not know that Caffery alleged on the very night of the tragedy that Byrne was the culprit?" asked Mr. Dickson.

Witness replied he did. Mr. Diekson called Caffery from the dock in order to show that the blue trousers did not fit him. . '

Witness said he had not found the trousers on the night :of the tragedy. A' pair of blue denim trousers had been discovered in Caffery's house, but these had been removed.

Replying further, witness said he had been surprised to find a sheath knife oa the mantelpiece of the front room at 119, Nelson street, on the morning after-the tragedy. About six detectives had''searched'the .house for a .weapon on. the evening of the tragedy.; There was a sufficient quantity of blood on.the floor to cover a knife.

Questioned further regarding the tan boots, v witness said he-could'not swear they had not been ,marked with blood. He-was unable to, say whether he had assisted Byrne into the police car when he was taken to the police station. "Do you think he was in a condition to know what he was doing at seven o'clock?" asked Mr. Dickson.

Witness replied, "No." Detective Snedden said when Caffery was taken to the police station he said: "It is a murder "charge this time." In a written statement read by witness Caffery said he went to 119, Nelson street, in company with Patrick Byrne to see Cole. He had a scuffle with the man who came to the doov, and the latter suddenly exclaimed that he was bleeding. He had nothing in his hand at the time and ho did not see Byrno with any weapon. At this stage the case was adjourned, his Honour remarking he would arrange to ,yisit the scene of the tragedy.