THE EKETAHUNA TRAGEDY

Evening Star, Issue 8772, 12 March 1892, Page 1 (Supplement)

THE EKETAHUNA TRAGEDY

In the Supreme Court at Wellington yesterday the hearing of the charge of murder againßt the two men, Harrison and Smith, was completed. In his address to the jury Mr Coates, who appeared for the prisoners, hid stress upon the evidence of Harrison, which had not been shaken in cross-examination. It might appear somewhat strange that he had called only one of the prisoners to givo evidence. The answer was a very easy one viz., that Smith spoke very imperfect English, and, if he were called, he would say exactly what Harrison had told them. He asked the jury to consider what motive prisoners could have for the commital of such a terrible crime as that which the prosecution sought to attribute to them. He pointed out that the scene of the murder was saturated with blood. There were, he said, pools of blood here, there, and everywhere, and yet no trace of blood was found upon any of the clothing worn by accused with the exception of a small amear upon a grey shirt worn by Harrison. This had been accounted for by Harrison, who had told the jury he had cut his elbow and his thumb in struggling with Smith on the road metal. No trace of blood had been found upon either the blades or the handles of the knives found in the tent. Theso knives were not placed in concealment, but were lying about quite carelessly in the tent. Mr Gully addressed the jury on behalf of the Crown, reviewing the evidence with a view to show that either one or tho other, or possibly both of the prisoners, were the actual murderer or murderers. Looking at the evidence, he confessed it occurred to him that the actual murderer or murderers had got into a quarrel with Dalton, either for the purpose of robbing him or through anger while in liquor. In what to Englishmen would have been only a harmless brawl, prisoners, being foreigners, might have drawn knives and stabbed tho dcceasod—not. possibly, with the idea of murdering him, but only to disable him. Counsel suggested that Harrison's evidence was open to suspicion. He might have told tho whole truth. He had been possibly desirous of shielding his fellow prisoner. Tho conduct of accused after they arrived at their camp had been something out of the common 5 and with regard to the assertion of counsel for the defence that it was unlikely prisoners could have committed the murder, he thought little stress should be laid upon that, inasmuch as if stabs were inflicted upon the deceased when he was in a prone position but little blood would spurt from the wound to any great distance, and this would account for the absence of blood upon the men's clothing. Mr Justice Richmond then summed up. The main fact against the prisoners, he said, was that they were or were supposed to have been in company with Dalton up till the time he received the fatal wounds. It was established as a matter of certainty that Smith and Dalton went out together, but the evidence on other points was very inconsistent. There was one remarkable feature in the case, and that was that the show of knives which had taken place was more than a quarter of a mile from where the knives were used. Assassins were not in the habit of showing knives beforehand. It was a singular coincidence that the men produced the knives so long before they used them—that was supposing them to be the murderers. It was difficult to see how the deed could have been committed where it was without people hearing. Hia Honor next referred to the strange conduct of Harrison returning to camp, remarking that his eccentric behaviour might be explained by the drink that he had taken, although the walk should have sobered him. He did not think they should bring one man in guilty and acquit the other upon anything Harrison had said. His Honor's recommendation upon that point was very strong. To do such a thing would be most unfortunate. If they came to the conclusion tbat both men wore together, and tbat one of them struck the blow, then they were both guilty of murder. He did not think a verdict of manslaughter was possible. It was bis opinion that it was a case of murder or nothing. He was not going to frame any theories as to any possible mode by which this dark deed had been done by others than the men at the bar, The case against them was one of strong suspicion, and it was the doty of the jury to see whether it was anything else. If they thought the charge not proved, it was their duty to say not guilty. The jary retired to consider their verdiot at 4 5 p.m., and when Mr Justice Richmond resumed his seat on the bench at ten o'clook, the foreman informed him that there was no possibility of agreement, and the jury were therefore locked up for the night.