ALLEGED MURDER

Hawera Star, Volume XLIX, 5 November 1929, Page 5

ALLEGED MURDER

AUCKLAND STABBING AFFRAY CHARGE AGAINST CHAFFER Y\ EVIDENCE FOR CROWN. (By Telegraph—Press Association.) AUCKLAND, Nov. 4. Tlie trial of George Claffery, a labourer aged 34, on a charge of murdering Thomas Leavy at 119 Nelson Street on the evening of August 2, was commenced before Mr Justice Smith in the Supreme Court to-day. Caffery showed no signs of emotion throughout the day, which was mostly occupied with the hearing of preliminary evidence. George Frederick Cole, a hawlcer, said he was living at 119 Nelson Street with Leavy and Carmody on August 2. Ho had known Caffery for several years. On returning home shortly before five o’clock on the evening of the tragedy he found Leavy preparing tea, He was in good spirits and sober. After tea two- women friends came. to the house and a fire was lit- in the spare bedroom. , They assembled in the room and some time later Caffery appeared at the door, apparently having entered the house by the back door, as the front door was closed. He asked Cole to go outside but when he refused twice Caffery said: “It’s all right; I will get you.” He then went •out by the front, door. Shortly afterwards Carmody (Cole's room mate) and James Gallott entered. They had drinks and then about half an hour later there was a heavy bang at the front door. Leavy iwent to answer the door. -Cole was walking down the passage to the kitchen as Leavy* opened the door. He heard Leavy say: “Get out of this; you are not coming in.” Then Tie heard someone say: “I am coming in.” He was sure the voice was that of Caffery. Turning round, Cole saw Leavy pushing someone, but he could not see who was outside. Suddenly Leavy cried: “David I’m stabbed!” He staggered from the door and Cole helped him on to the bed in the room where the others were. By the time ’he liad returned to the front of the house the front door had been closed, there iwas no one there. After the inquest had been opened the next day Cole returned to the house and while cleaning the front room he found a blood-stained knife near the wall.

On being- slioivn a knife by the Crown Prosecutor, Mr Meredith, -Cole said he could not exactly identify it as the one he had found although it was similar. Further questioned regarding the fatal struggle, Cole said he saw Caffery ’s head behind Leavy in the doorway. Lovina Foster said she called at 119 Nelson Street with a woman friend about six o’clock on the evening of August 2. They were not expected. A fire |was alight in the spare bedroom and on arriving witness was given a drink. With Leavy, Cole and her friend she sat before the fire. After about half an hour Caffery appeared at the room door and asked Cole to go outside. When he refused Caffery said, “I’ll get. you, Cole,” and Leavy then showed him out. of the front door. Carmodv and Gallott then came in and shortly afterwards there was a bang at the front door. Leavy went to the door. It appeared as though he was trying to push someone out and suddenly he said, “He’s got a knife at me, Dave. ’ ’ He walked back into the room and fell -back on the bed, saying, “I am done!” These were the last words he spoke. “I said to my friend 'Let us get home, and iwe left a few minutes later” witness said.

In reply to Mr Dickson, who, with •Mr Melver, is appearing -for Caffery, witness said Cole left the room -in front of Leavy when the latter went to answer the front door.

The case was adjourned until to-mor-row. The jury was taken to a city hotel for the night under the escort of two co-nstables.