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THE KAIWARRA MURDER., Issue 7957, 12 July 1889
THE KAIWARRA MURDER.
WELLINGTON, July 11. Constable Carroll reiterated his evidence in the lower Court.
B) Mr Bunny : "When he visited Hawkins’s house on tbo morning after the murder he saw the mat k of blood, about four fingers in width, on tt o wheel of the cart He locked up in a box the pieces of paper he picked up at the scone of the crime, and never looked at them again until they were opened at the morgue. He could not identify them again. Inspector Thompson saw the paper, and eventually it was given to Mr Skey for analysis. He did not examine the paper himself, but merely reported the fact that he had obtained it to the inspector, and thm kept the pieces till he was asked for them. The locking up was entirely his own idea. He could not, of course, absolutely swear he got the same pieces back from Mr Skey, but he bad no doubt be did. They were eventually handed to Mr Tasker. Witness was closely questioned about what took place at the rnorguo before the post mortem began. He said Detective Benjamin inquired aboutlla.ro., just after Dr Cahill had arrived, how death was caused, ord the doctor sent out a message stating that deceased had been stabbed. Aftenvaids, some time before twelve o’clock, he sent another message stating that deceased hid also been shot, but Detective Benjamin had then gone. Mr Bunny pointed out that Dr Cahill had stated that he answered at first that death was caused by shot and stabs, but Constable Carroll persisted in his version. He stated that ho had informed Detective Benjamin early in the morning that the pieces of paper he had picked up bore marks as though fired from a gun. Dymock drew his attention to marks of shot on them, and said they looked as if they had bean fired from a gun. Constable Healey gave evidence as to finding the revolver in Chemis’s house. It looked as if it had not been filed for some time. Ho never suggested filing off one barrel. He adhered to that statement, even if Detective Benjamin said witness did propose it. He never said anything of tho sort, and Mrs Chemis did not prevent him firing it off. He was one of the party who dug up the road at the scene of tho murder for the purpose of endeavoring to find the bullet, but they did not succeed. After they had finished, Detective Benjamin himself fired six shots from the former’s revolv< r at the rock on the hillside. This was merely done for pastime. Inspector Thompson detailed tho steps taken by tho police on the days immediately succeding the murder. When they searched Ohemis’s house Det ctive Benjamin found a doublebarrelled muzzle-loading gun. He put his finger in one batrel, and said “This looks as if recently discharged.” They also found a dagger, a shot pouch, a rusty revolver, a quantity of memoranda, and some fragments of torn paper. All the taper obtained in the house and on the road or wayside was carefully put in separate envelopes and marked. It was arranged that all the paper should be examined by an expert who was not a policeman, and on June 5 they were accordingly handed to Mr Tasker. Witness did not examine the papers himself. None of the scraps of paper which 1m had placed in envelopes in his breast pocket had come cut of the envelopes, and witness did not handle tho box which contained the paper shown him by Ur Cahill. This was handed to Mr Tasker by Dr Cahill in the presence of witness.
Cross-examined by Mr Bunny: Have been a commissioned officer in tho police for twenty-one yeais. 1 pon a murder being reported there were ccitain rules to be observed. His Honor: This inquiry is not to inquire into whether the police had been at fault. Mr Bunny: But surely if there is anything wrong we should know of it. Witness, continuing, said that Detective Benjimin 1 ad infoimed him that Hawkins had been murdered by some sharp instrument, and ho ordered him to go and investigate it. Witness went out aho. Ho found several fragments of newspaper, which he would not pretend to identify. He went out to investigate the matter. It was not his duty to go into ceitain bedrooms and search the place. It was not necessary for him to go in. He did not sit on a bank and givooiders. Ho did not now think that he committed an error of judgment. Ho never told the detectives to secure all the fragments of paper in the vicinity, but told them previously to do to. Jt was not an extraordinary thing to do under the ciicumstances. The only metsjgo witness received from Benjamin was on the first occasion, that the man had been murdered by some sharp instrument. The dagger was in the same parcel as tho bits of paper when handed to him. Ho examined it immediately. He might have said "This instrument is rusty, but we will examine it better by daylight.” He could not swear whether both barrels of the gun were examined. He did not think it necessary to tike tho gun, because he did not know the man had been shot. He was under tho impression that tho gun had not been lately fired. He did not give instructions to leave the gun. Had ho looked upon the gun os being of importance he would have ordered it to have been taken away by some of the officers. He did not remember Dr Cahill asking next day why the gun was not brought away. He did not remember the doctor saying "You ought to have brought the gun.” It was not in consequence of anything the doctor said that the gun was sent for next day. He did not examine the fragments of paper, but was certain they belonged to some newspaper. The paper was placed in two envelopes, and the envelopes were placed in two different pockets, and could not have got mixed. He never produced two envelopes to Major Gudgeon. Major Gudgeon never asked for the envelopes. He would swear that neither of the envelopes was produced to him. On arrival at the station ho placed an clastic band round them and locked them up. Ke-examined by Mr Bell: No information had been withheld from prisoner’s counsel. The Court rose at 0 35 p.m. until 10 a.m. to-morrow.
THE KAIWARRA MURDER., Issue 7957, 12 July 1889
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