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THE KAIWARRA MURDER., Issue 7959, 15 July 1889
THE KAIWARRA MURDER.
-.... ♦ WELLINGTON, July 13. The trial of Louis Chemis for the murder ef Thomas Hawkins was resumed iu the Supreme Court this morning. Two witnesses were recalled before counsel began their addresses. Edwin H. Bradford, Government a.morer, in answer to His Honor, said that a gun was brought to him to examine on the 4th. Ho inspected both barrels. Th« left war very foul, and had the appearanco of having been lately fired off and put away iu » cover. It could not have aa3uraod such an appeal aDOo fiom being tired off on Friday—that is four days previous, Witness said that when ho examined the gun in the Mngiftrato's Court tho left nipple was covered with white stuff, and when he taw the gun in tho Supreme Court it was ere. The Crown P.osecufcor landed witness he gun to cxinnno again, when ho said; "Yes, tho whif.j is there now, but upon my oath it was uot thoro whe.i I last gave voy v.viderce." HU Honor: Do you suggest anything? Witness: I suggest nothing. This stuff has appeared since. The Crown Fnacr.utor said tT at fortunate'? the gun was handed round the jury while Witness wa3 giving hu evi leuce on Wednesday. By tho Crown Piosetutor: There was no observable difference iu either bin el at the breach. Lojking down the brefoh hoth b.irreU hid the same appearance cf bsiug ciked wi'.h piwder. Had ho not frit (ho barrel he couM not havo when they were iasi fired off.
By Mr Bunr>y: Heating tha barrels would not hare altered the appearance a 9 regards the ejfeing of the powder. Dr Cahi'.l (recalled) stated, in answer to His Honor, that ho tent out; a message from the morgue that Hawkins had been stabbed. He remembered two messages b' in? sent him as to the cau*e of death. When the first c»me in he had not discovered th« gunfhot wound. riy His Honor: First paw the dagger on the Satu-day night, when the ehoaHi was open. There was nothing to show that tho bhde had baenuse!. Had it been used, the probability is that the person so ming it would have cleaned it by putting it in the ground or else by washing it in hot water. There were ecntches on ths dagger, and verdigris still remained, and witness's supposition waa that the ins-tiumeiit bad not been cleaned either one way cr the other. It would have been possible to have cleaned the Wads without rernov'ng ihe verdigris, but great caro would be requ ; red. By the Crown Profocutor : The dagger was usod in the morgue, and cleaned in warm water by a constable. By Mr Bunny: This digger was penetrated by witness up to the hilt in some of the wounds en deceased's body. Mr Bunny called the following witnesses : W. A. F.tzherboit, engineer to ths Hutt County Council, give prisoner an excellent •hareotor, saying that bo had lately promoted him from an or.liniry laborer t > foremen. By Mr Bell : Ne'er heard of his using threats to anyone. He did not know if h9 wa-i violent. \Vitliam l'erg'n, settler, a resident <f Kaiwarra of twenty-five year?, hid kaown prisoner for twelve years. He had forme 1 a gwid opinion tf him as tn hi* moral character, By Mr Bell: Never heard of him as a violent rcnn. Mr Bunny said it would bs liij duty to point eut tho weak noiii*s in the evidence adduce 1 by thfi Orcwn. That a foul murder bid been coir - mitted nobody would denv, and were made which were highly prpjudln'i! to the prisoner. Ho begged the jury to dismiss from thnir mind-i auy rtports tiny had heard, aod he guided solely by the tvidenco brought before them. II? asked tho juiy firj-t of all to bo satisfied that only cno man committed the murder, and not more, Iho Crown hid endeav red to thov that the piisoner had a motive He woul ) tho jury if a mere lawsuit was at all likely to be the cau=e for such a crime ai murder. Thero was nothing in that hwmit calculated to enrage ary man. An to Tucker's evidence, he tilted the jaiy to look upon it with a certain amount of suspicion, because the conversation between Tucker a*d tho p:ivnsr had tiken place seven months ago, and no notice was, taken of it at that time. In reference to the witness Burrell, tho rntohar, counsel said that hii wlicl* evid'Tioe was Massed against the prisoner, and hehoped the ja-y would consider it well. He contended that the proof of any motive against thfl primner had utterly failed, ami said that Hawk'ns was not a man generally liked by his neighbors. He asked the jury to consider whether it was like'y a man would take a pun and stiletto to commit this ronrdor whon he bad a five-chambered revolver in his possesion, whiob would have done the deed so simp'y and well. In reference to the stiletto, Mr Bunny Mid it had been proved, so far as Dr Cahill svd, tint tho verd'Rris would havo been removed or covered with blond. No blood had been found about the sheath, and this fact he asked the •jury to note. He severely criticised the conduct of Mrs Hawkins and Bow'e3 on the night of the murder. He thoxnht there was a certain amount of mystery about it. Ho said the police were mide aware of the murder on the night of May 31, but took no action till tho following afternoon. Ho characterised the conduct of t l e nolice as slow and dilatory in tho extreme; in fact, all through tho investigation it had been strange. Not one of the police could identify anypieoe of piper found by them, while other witnesses who picked up fragments did. He thought the bit of paper stated by Dr Cahill as coming frim the wound had not been satisfactorily exp'aino-?, ar d urged upon the jury how necessary it was for them to give prisoner the benefit of the doubt. He drew the attention of the jury to the fact that Hawkins's place was infested with poachers who were constantly seen about with guns. Ho said it was in consequence of newspaper paragraphs that prisoner was arrested, and. having arrested him, the police endeavored to impute all kind< of motives. The evidence of the Crown had been placed bofore them vory unsatisfactorily through the negligence and dilatoriness of the police. There must be grave doubts in the minds of the jury in connection with tho fragments of paper, and he asked them to give the benefit of that doubt to prisoner. It rested with them whether or not they sent an innocent man to eternity. WELLINGTON, Jult 15. lha Chief Justio9 bogan summing up this morning. He first pointed out that Ohemis was of a nationality which it was generally understood U3ed the weapon in the way donetn this murder. The jury must be careful with regard to the small pieces of paper found in the wound that thero was no mistake, andthev must consider whether they were satisfied beyond reasonable flonbt that prisoner was the person who committed the crimo. His counsel had suggested tint the police ovidenc.i should bo watched vfry carefully, an lit was for tho jury to say whether they could see any reason for the witnesses making wilful misstatements His Honor said it was no* an unusutf thing for an Italian to have such a dagger in his posssesaion as the prisoner had, and of course in a country di-tiirt everyone had a gun. He concluded by telling the jury that if they found a ctonbt at all in the prisoner's favor he mast have the benefit of it. The oharge lasted two hours and threequarters. 1 The jury retired at ten minutes to one o'cloek.
THE KAIWARRA MURDER., Issue 7959, 15 July 1889
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