THE KAPONGA FATALITY.

Hawera & Normanby Star, Volume LI, Issue 9139, 11 July 1906, Page 5

THE KAPONGA FATALITY.

Carl Schicker was charged at the Eltham Pohoe Court on Tuesday, before Messrs Carncross and Tayler, J.P.s, v/Hh. 1-hat he did on 30th June. 1905, at Kaponga, murder one John ■ Rollin. Inspector Kiely conducted the prosecution, and Mr G. P. Wake appeared for the accused. The In*P*s.°r, outlined , the evidence which appeared at t the inquest and has already appeared in the Stab. The first witness sworn was Joseph' Steiner,' a laborer employed by Mr Fitzgerald, near Kaponga: * Witness knew" the accused Carl. Schicker at home in Switzerland. Accused, had been in New Zealand r.eaily £ve A jeans. u He alsj>,^knew John' f ßollin,; had kjuOTnjhim.over',a.j;ear. Both men were .employed' .i(ear.,ifaponga. Beriiemberea SaWrday, 30th June. "' On $at date he was' at'" Sullivan's whkre, on th© opposite side of the road ' from Fitzgerald's. He afterwards went to bis own whare. Saw, Rollin : and ' Ulrioh on" the road, and spoke to them. Both, deceased .and Ulrick remained,- with witness, assisting him in his work, after wsich £hey all intended going to-Kappnga. As' they came closie to the house they'saw Carl 'Schicker coming in at tihe' front gate, going 'towards witness* house. Spoke: to' Schiclcer and shook hands with him.* Schickor was' carrying an axe handle with, him .(axe handle identified). Ulrick also shook hands with Schicker. Rollin and Schicker did not speak to each other. Witness and \Tlrick went into tho house' leaving Schicker and Rollin outside. Returned outside immediately afterwards arid showed a postcard to Rollin' and Schicker.' At that time Rollin and Schicker were speaking to each other about a postcard that Rollin had received and which he blamed Schicker for sending. Heard Rollin say to Schicker, "You sent, that card; 'l know your writing." Shicker denied having sent th© card. At this time' witness was icside the building. He immediately came

outside, and was locking th© back door when be heard Rollin say to Schncker, "Is that true" what you said in th© hotel?" (quoting a remark' about a girl). Schicker replied, "I did not say that." "Say that again" (the latter sentence in a loud tone of voice). Rollin called Schicker a liar, Schicker returned th© compliment Schicker held the ax© handle in his hand tKe whole timo from when he first" saw him. Witness had his back to accused and deceased at that time, but TTlrick would be in a position to see what happened. When he turned round he saw j Rollin falling. Did not t>ee what caused deceased to fall. Rollin got on to hid feet again and said, "What sort of a fellow are you, Charlie?" H© then took a handkeTchiel from his pocket and wiped some blood off hi' head. Boffin was at this time standing leaning against the house. About a minute afterwards Rollin fell down, his limbs shaking. Witness, Ulrick and Schicker then carried deceased . into the house and put him on a ,bed. 1 Schiekor said that he (Sohicker) had hit /deceased with Jh© ax© handle. This , was •at about 8 p.m. Th© moon was fcibining at the time. Rollin did nofc again regain consciousness. Schicker suggested that he -would bo for a doctor, and immediately went. Witness remained with Rojlin un- | til th© doctor arrived. Rollin died .shortly, » after the doctor's- arrival. . Deceased was. a healthy man. A feeling of jealousy I existed between accused and deceased; on account of ih© girl Annie Ulrick j.wno "returned horn© to Switzerland ' about seven weeks ago. - «... To Mr Wak©: The meeting of Scjbicke* and, Rollin at witness* house was quite

accidental. t ■ - siRollin - was a much bigger man than Schicker. On one occasion Rollin told

vritness that ho would kill Schicker. Rol-i lin was angry at that time.

Witness told this to Schicker. Afte*i the occurrence, when Schicker first sug* gested that he should go for the doctor, th© others thought there was no danger. Witness was on th© best of terms with both Rollin and Schickel-.

Dr Maclagan gave evidence as already, reported at the inquest. When witness told accused that the injury was a dangerous one accused appeared greatly upset. A similar blow could be struck about the face without fatal results. Deceased was a heavily- built muscular man, considerably bigger than the accused. If. witness had been called immediately the blow was struck, there might have been a possibility of saving deceased's life by [ performing a operation. I Albert Ulrick, sworn, deposed that ha was a laborer working for G. B. Hill, Rowan road, Kaponga. Remembered the night of Friday, 29th of June. Rollin i slept at his (witness') house that night. ! On the next afternoon witness and deceased started together bo go to Kaponga. Left their horses at Kaponga in a stable, and walked back to Prestige's place about a mil© and a half from town. On the road back to Prestige's witness and deceased met Joseph Steiner, who asked them to .help him do some work, saying that he would then go into Kaponga wifchT them. Helped Steiner as requested, and Wihen. returning to Steiner's cottage saw accused, Carl Schicker, coming in at th© front gate. All four met near the cottage. Steiner and witness spoke to Schicker and shook hands with him. Did not hear Rollin or Schicker speak to eacfi other. They were not on friendly terms with each other. Witness and ■ Steiner went into the house together, leaving Ro^lin, and Schicker standing outside together. Scliicker had an axe handle in l.is hand. Rollin had no weapon of any kind in his hand. Afterwards Steiner took some post cards to show Rollan and Schicker. Steiner afterwards returned in-i to th© house again. Heard Rollin say to Sohicker : "Did you send me any postcards?" Schicker replied "No." Rollin said "Yes, you did. I know your handwriting." Schicker said "You are a liar if you say that." Schicker said he would lake to see the post card. - Rollin said that he had burned them as soon; as he received them. Rollin then said : "Yo* remember what you said about Annie Ulrich in the. hotel?" Schicker said he did, not say anything, to- which Rollin replied : "Yea, .you did," (and quoted a very offensive remark). Schicker then said: "If , you Bay that again you ore a liar, and I will hit you with this axe handle." Rollin then repeated the statement, and Schick.er then lifted- the ax© handle with both hands. . 'Rollin then went towards Sohicker , when Schioker struck him on th© head with the • ax© handle. The blow knocked RoUim down on his hands and , knees, t Rollin got up , again and said, "What .sort of a fellow •aire you?" He then took his handkerchief out and wiped the blood off bis head. , Never heard ,RoHia" threaten, to strike Scbicker. Rollin. .shortly afterwards fell down again, and began shaking. Schicker went out to the little gate after Rollin. »- Witness carried Rollin into Steiner's 'house, v and put him on* the bed. ,' ScMckeT them cam© into th© house, It was moonlight at .the time, and he was in a position to see all- that happened. After Rollin was taken insid© he. never spoke again. Schicker proposed' that he should go for a doctor, and .went for on© about two 'hours afterwards. The doctor returned to the -house with Sollicker and whilst the doctor wpe there Rollin died. Accused and deceased were on very bad ternis -with; each other 'for about two years past. The cause of the trouble wae th© girl Annie Ulricn. Annie left New Zealand for .Switzerland nearly two months ago. Witness was on good terms with both accused and deceased. Deceased was a very quick-tempered jnan. To Mr Wake : Rollin once made a threat to witness that he' would make accused "cold." By that statement witness- understood Rollin to mean that' he meant to kill Schicfcer. On account of that Schicker appeared to : be frightened of" Rollin. Schicker was a sober man and not addicted to drink. Immediately Sohdcker raised th© axe handle; Rollin rushed at him, when Schicker struck Rollin. ' He did not think Schioker meant to kill Rollin.

Jacob- Gaecal, sworn) stated that he was ' a laborer working for Mr Perry aj MangatokL Knew Schicker in Switzerland 'and* also knew Rollin after he came to New Zealand. ' A few months ago (a week after Christmas) witness and deceased went together to Ulrich's house after meeting at the Catholic Church at Kaponga. When they reached Ulrioh's place, Rollin went in towards the house, leaving witness out at th© gate tying up bis horse: While tying up his horse he heard a row at th© bouse, and saw Sobicker and Annie Ulrich and Pinseck came out of th© house. He then saw two men fighting. It was dark at the time. Did not' see the start of the fight. The men fighting were Rollin and Schicker. Rollin called to" witness to come and help him. • The ' fight continued about three minutes. Witness did not go inside the gate until th© fight was finished. Rollin and Miss Ulrioh went' away from fche I house a short distance whilst Schicker and Pinseck went into the house. After Rollin came back from Miss Ulrioh he went into th© house also. Witness did not go into the house.' Schicker had the best of the fight and afterwards 'told Rollin that he could hay© killed' ham if he wished to. Rollin said then': "I am not frightened of you, Charlie." Charlie (Schicker) then held up a poker and said, '*Come on, and I will knock you down." From that time on Schicker and Rollin were enemies.

To Mr Wake: Witness was a cousin to Rolliin, who was a very quick-tempered man. Going home that night after the quarrel Rollin said to witness :"I will buy a revolver and shoot Charlie." H© was a much bigger man .than Schicker. Rollin afterwards told witness that he (Rollin) started the fight that night.

Constable Redicau proved the arrest. Accused, on being arrested, stated that he was very sorry for what had happened, and that he did not mean to kill Rollin. Sohicker made no attempt to get away. This closed th© evidence for the prosecution.

Accused reserved his defence, and was committed to stand his trial at the Supreme Court, New Plymouth, on 25th September next.

Bail was fixed at £100, in his own recognisance, and two fiuretieu of £209 each. 'Bail was forthcoming.