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THE KAIWARRA MURDER., Issue 8000, 31 August 1889
THE KAIWARRA MURDER.
Yesterday afternoon Mr Jellicoe, in a two-hours' address, reviewed at great length the evidence adduced in the case of perjory preferred against Detective Benjamin. His speech dealt mainly with evidence bearing on Benjamin's evidence at Chemis's trial, and the inferences suggested by the defence as to the motive of the present investigation. In connection with the evidence as to fragments of paper which the police said they had taken out of the bedroom, he contended that the falsity of that had been fully proved by the evidence not only of two persons, but by every surrounding circumstance. It was very clear that Mrs Chemis on no occasion had a private interview with her husband, and the Bench found these statements agreed. There could be no better evidence of the truth of it. There could not possibly have been any collusion between them. As to the powder flask, abundant evidence had been called which, proved that Chemis had a powder flask both before and after the murder, and also that it was in the drawer. The police had set up a paper theory, but why had they not asked Chemis if he used wada or paper in loading his gun ? He thought the absence of such a question showed that the police had seen the wads in the drawer. Again, supposing their theory to be correct, why did they not ask for the powder flask after securing the shot pouch ? Again, if the paper theory had been started by the police, why were the gun and the revolver, the only two weapons in the house consistent with their theory, allowed to remain until the Sunday ? If such articles as these were left behind, was it not reasonable to assume that the police would also leave behind a powder flask, wad cutter, caps, etc. ? Reference was next made to the quail, and counsel submitted that evidence established the truth of Chemis's statement that on the day prior to the murder he. had shot the quail which were in tie tin into which Benjamin looked. It was, Mr Jellicoe said, easily seen ifcat if Benjamin had admitted the presence of quail, it would have accounted for the recent firing of the gun. The evidence, he said, of Chemis and wife on this point was, fully corroborated, as was also the possession of a wad cutter by .Chemis. It he.d, he continued, been suggested by the other side that the powder flask, wad cutter, and caps had been placed in the drawer after the search by the police, but they had not had the courage to ask any witnesses for the prosecution if that was eo. The slight discrepancies in the evidence of Chemis and wife as to the drawer in which the lease was kept proved, he thought, the truth of their evidence, inasmuch as had they been swearing falsely they would have agreed as to what should be said. It was next suggested by the defence that this was a malicious prosecution prompted by him (Mr Jellicoe), and in addition it was hinted that he had declared he would have all the police and detectives out of the country. With regard to the latter he could not Bay whether it would be a difficult or easy task ; but at all events he did not intend to try it, nor had he ever thought of such. As to the prosecution, it had only been undertaken after careful consideration of the whole case and the evidence likely tobe brought forth. He regretted that the Government had not explained who cut the bandbox after being placed in their possession ; and, although Ministers had been experimenting with the stiletto in the tail of Hawkins's eoat, it may be said to be
possible that these I'xbiblU would \>f iv•juircd iVjiics, i'lid ;;':it;ii;d i.ave remained iii the same condition as when before the Supreme Court. Referring to tho recently discovered shot pi/tioh and knife, he felt sure the Bench was satisfied they were not at the spot found on August 2 Then whose were they ? and who placed them there? These were questions requiring explanation. He had been refused an adjournment to enable him to secure evidence on tlv point, so at a later period he might be compelled to apply to the higher Court in order that the articles should be open to public inspection, so that the owner could be found. There were, he thought, other people who could identify them. Io concluding, Mr Jellicoe said he had little doubt that tho Bench would come to a decision that sufficient evidence had been adduced to send the case to a jury. In reply to Mr Bell, Mr Graham, R.M., said at tho present moment he was not prepared to say whether there was a case to answer or not. Voluminous evidence had been taken, and it would take some time to go through it. On Monday he would state whether it was necessary for Mr Bell to show cause why Benjamin should not be committed for trial.
THE KAIWARRA MURDER., Issue 8000, 31 August 1889
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