THE RANGITIKI MURDER.

Lyttelton Times, Volume XXI, Issue 1251, 18 June 1864, Page 2

THE RANGITIKI MURDER.

At the Criminal Sittings of the Wellington Supreme Court on the Bth instant, Walter Tricker, 44 years of age, and described as not baing of a very prepossessing appearance, was indicted for the wilful murder of Robert Stillingfleet Rayner, at Rangitiki, in the month of August of laßt year. On his arraignment the prisoner pleaded not guilty, and a jury were sworn to try the case. The trial occupied three days. Mr. lzzard, acting under tho authority of the Attorney-General of the colony, prosecuted on the part of the Crown, and Messrs. Allen and Borlase defended the prisoner. The learned counsel having stated the case for the prosecution, the following evidence was given :— William Whale deposed—l am a farmer and I reiide at Rangitiki. I knew Rayner well. He lived it Rangitiki. I last saw Rayner alive on the Monday evening before fie was missing. He was missing an Friday, the 28th August, 1863. I went to Bull's 3ii the Friday to see the cavalry fall in to drill. On the Thursday following the Friday I went with my son and Thomas Wise to Rayner's place. We went to search for his body. We did not find it. I then, In company with Scott and Wise, wgnt to the Tutainui River to look for the body. This stream ivas about thirty chains from Rayner's house. We searched one and a half miles down the stream. We went as far as Ferguson's. We went home by the road. Directly we got home, we went again to Rayner's house. Wise and my son George went with me. Rayner's is not quite a mile from our louse. In consequence of instructions we searched ill the creeks about the place. We found a body in a creek just opposite the dwellingiou»e. It was distant about twenty yards from the house. I was on the side furthest from the house, and Wise and my son were on the other. [ saw a piece of something lying at the bottom of the creek; there was scarcely any water in the creek; the breadth of the creek was about five yards ; the breadth of the water was about one yard. The bank jf the creek nearest the house was about fifteen feet tiigh; on the other side it was about seven feet. I iaw a place where gravel and clay had been dug out. It was in the bed of the creek, and on the side of the creek next to the house. It was a portion of the bank that had been dug out. I first saw a piece jf cloth on the 6ide of the bank where the gravel had been taken out. I also saw a board and flies going >ut and in under it. I told my son something and be took Wise down to lift up the board. Wise lifted the board. I then saw a body. The board was an 3-inch board and was four feet long. In lifting the board some mould was displaced. I then went to Bull's house. This was about half-past three or a quarter to four. Bull's was about one and a half miles off. Bull and Mr. Fox came back with me. A. messenger was sent for Mr. Fox and he came to Bull's. We arrived at the creek at about half-past Eour. The body was then in the same position as when we left it. I saw the face of the body when the board was first lifted. It was Mr. Rayner's body. The body was lying with the head up the stream, [t lay along the course of the stream. It was lying nearly on its back. James Davis deposed—l am an assistant-surgeon in the 57th regiment, now stationed at Wanganui. [ recollect making a post mortem examination of Rayner's body. The body was given to me by Dr. Durl. It was naked and was covered with a sheet nrhen I received it. The body was much decomposed. [ should say it had been dead about eight or ten days. [ arrived at Rangitiki on Monday, 7th September. [ saw a wound on the head. The hair had been removed from the' scalp corresponding to where the ffound was. It was on the front top of left side of bead. It was from an inch to two inches in length. The breadth of the broadest part was about an jighth of an inch. A broader part of the weapon bad struck the lower edge. I proceeded to examine more deeply, and I found a depressed fracture of the skull. The portion of the skull depressed was about the size of a fourpenny piece. I found the inner table fractured to a more serious extent. That blow tvould have stunned a person, and might have been ultimately dangerous, but not necessarily so. I next examined a wound in left side of neck.. It was a bullet wound. I found the bullet lodged in the head )f the second rib, close to the spinal column. The lourse of the bullet was downwards. I extracted ;he bullet and gave it to the Coroner. It was a revolver bullet. It was marked with the rifling of a ristol and also of the bone where it lodged ; the lext wai a wound in, the left side opposite the leart. It had entered on the left side, and about ;he seventh rib. I traced it and found it lodged between the liver and the false ribs on the right tide. It had passed through the apex of the heart tnd the liver. I speak of the body as I found it, as t had been opened before it was given to me. I lave no reason to think that the previous opening nterfered with my judging of the course the bullet lad taken. There was a fourth wound in the right juttock. The bullet had been cut out before I came, t also gave the second bullet to the Coroner. It was limilar to the first. I was shown by Dr. Curl the narks of an external cut close to the right ilium. Death was caused by the wounds. I think death would have been caused immediately by the wound through the heart, and it might have been caused by the wound in the neck, though probably not immediately. The wound in the buttock was a flesh wound, and was not mortal. It is impossible that any man could have inflicted the wounds on himself. I think the wound on the head would have been made by a spade, having an angle next to the striker. I mean an angle at that part of the instrument with which the blow was inflicted, such as the place on a spade where the boot is placed. I think the blow on the head must have been struck while the man was standing upright. The blow could not have been inflicted by anyone digging down on the body while in a hole. 1 consider the body was lying on its right side when the wcfunds were inflicted on right side and back. The same opinion applies to the two wounds on the left side, viz., neck and side. The wound on buttock must have been inflicted by a person standing behind. It could not have been inflicted while the person was on horseback, or while they were in a sitting posture. Henry Hamilton, a half-caste lad, deposed that he lived with Mr. Rayner, and that on the morning the murder was committed Rayner left the house to catch his horse and that shortly after he heard three gunshots. He then proceeds:—When I got out of the door I saw Tricker and Rayner, one was alive and the other was dead. Rayner was lying on the ground. I did not see his features. I saw that a person was lying down. The person was lying at the door of the stable. Tricker was on one side of Rayner. He was about six or seven feet from Rayner. Tricker was nearest the stable. Tricker was standing on the right side of Rayner, and at the feet of the body. My face was towards Tricker. The face of the man lying down was down towards the earth. I saw it was Rayner who was lying on the ground. Tricker was standing and he had a pistol in his hand. Rayner was lying close to the door of the stable. He might have been about two feet off. I was not quite outside the door when I heard the third shot. I did not see Rayner fall to the earth. When I saw Rayner lying down and Tricker standing I was frightened and ran away a little down by the house. Tricker ran after me. He called after me" Stop, or I will shoot you." He had the pistol then in his hand. I stood. Tricker did not come up to me. I did not see him do anything with his pistol. When he was following me he was holding the pistol in his right hand. His arm was stretched, and the pistol was levelled at me. Wherj I stood Tricker called to me to return to him, and I did so. I cried, but I said nothing. Ido not know whether Tricker saw me crying. I did not, when I returned, go close up to Tricker. I and Tricker went towards the dead man. Tricker went first, and I followed. I saw Tricker fastening flax to the dead man's feet. I saw him doing nothing previously. Tricker went towards the dead body, then went down into the creek and got some flax, and then came up again and tied it to Rayner's feet. When Tricker fastened the flax to the dead man's feet, I was on that side of the fence nearest the house. I was not at the gate-way. Ido not know the height of the fence. I could not see over the fence. I looked through the fence when I saw Tricker tying the flax. It is not a rail fence, but it is a standing up fence. The palings are about two inches apart. Tricker did not then say anything to me. When he was reaching to take the body down into the grave he asked me to come and help him. He told me to come and help to bury the body. He spoke half Maori. He called me twice and he had commenced burying before I went to him. Tricker dragged the body to the grave. The creek and the grave were close together. The grave was where we took out gravel on the side of the creek next the house. When Tricker called the second time I went to him. I went close to him. I did not speak, but I cried. Tricker said " You do not cry, if you do I will shoot you." Tricker then went to fetch a spade. 1 did not see how the body was then lying. It was partly covered. Tricker put some boards on it. Tricker returned with a spade. He took the spade out of the stable. When Tricker returned with the spade, he gave one to me, and we both commenced covering up the body. Tricker brought two spades, one he fetched from the stable, and the other he took from alongside the door of the stable. After the body was buried, Tricker called to me to go to my place. H» ca»tioned me not to tell any person of th»

matter, its, if I did, we would both be caught (mou) uud hung (iarona). I then went away. 1 first went into my room to fetch tny clothes. When I came out, 1 saw Tricker. lie again cautioned me not to tell anyone, or we would both be hung (tarona). I am sure Tricker used the word tarona. He also used the Maori word for prison. 1 went away then to my father's place." Charles Mitchell deposed—l am a labourer, and reside at liangitikei. I have lately been in the employ of Mr. John Jordan. I remember Mr. Jordan starting for Wellington, it was on the 28th August, 1863. I accompanied him. We started from Mr. Jordan's house, which is four miles from Ilayner's. The nearest place to liayner's we passed on the road was Captain DanielPs stables, which are 60 or 70 chaius from liayner's. We both were riding, we started at nine o'clock. We rode slow. We only stopped at Capt. Dauieli's. We stopped about 10 minutes at Darnell's.' I heard three shots fired, the sound came from the direction of Rayner's. There were no housei or premises between Rayner's and Capt. Danielis'. I was-standing in the stable door which looked from Rayner's. The shots were fired rapidly. I have no experience in fire arms. I could not say whether the shots were fired from a rifled pistol or not. I remained at Capt. Danielis' five minutes after I heard this. Mr. Jordan was standing close by me. I called his attention to it. Mr. Jordan looked at his watch before and after the shots were fired. Thomas Scott, being sworn, deposed—l am a storekeeper and reside at Rangitiki. 1 keep the ferry. I remember the 28th of August last. I saw the prisoner on that day at my place. My place is about twelve miles from Rayner's. The prisoner was riding. He arrived at my place at ten minutes to seven by my time. I was not up. He was in the kitchen when I came out. He left his horse at the gate, tied to the fence. He stopped about an hour, rather under than over. I live on Rayner's side of the river. When he left me he went on the ro&d that leads to Rayner's. On Tricker's return from Wellington aft«r being imprisoned for cattle stealing, I ferried him over the river. I conversed with him. He thanked me for signing a memorial to get his time shortened. He shut his fist like this, and came forward and said "By the living God, as sure as I stand on this here beach, Scott, I'll have my revenge on these two b rs, Danielis and Rayner, for being the means of getting me imprisoned for cattle stealing, a thing they have been more guiltier of than I have been, if I have to wait as much as twenty years and be hanged by the neck afterwards." When he said " beach" he bent down towards the ground. I cautioned him against using such language. I said that if one of those persons while cattle bunting, which was their occupation, met with their death, and if there were marks of violence, he would, or might be, tried for his 'life, even though he had nothing to do with the matter. After hearing the evidence for the defence, which attempted to establish an alibi, his Honor summed up as follows:— The case stands thus ; murder has been committed,'that is quite clear, and if the evidence of Henry Hamilton is to be believed, the prisoner at the bar is the man who committed the deed. With regard to the particular instrument with which the murder was committed, great stress has been laid upon a pistol found in the house. It did not follow that that was the identical pistol with which Rayner | was murdered. With regard to the motives which would prompt any one to commit the deed, the evidence on this point tends rather to distract attention from any one else, for it had been proved that Tricker had expressed himself as harbouring revengeful feelings towards the deceased man, and that he had uttered those feelings more or less vehemently and maliciously, both during his confinement in gaol, at the very moment he was set at liberty, and as soon as he got back to his own district. Whether the prisoner is guilty or not, he can only look upon the severe trials he has undergone as the punishment of a retributive providence for harbouring and expressing such revengeful feelings towards a fellow man. He had no right to enlist the sympathy of the Court or Jury, for being placed in his present position ; if he were innocent, it had been brought about by his own act and deed. But you must not allow this fact to bias your minds, nor must we allow ourselves to jump too hastily to the conclusion that he was the person. It may suggest to your minds, gentlemen

that some other person knowing that suspicion would

be very likely to fall upon Tricker from his notoriously revengeful feelings against Rayner, might have committed the deed with the idea that such suspicion would be a shield against discovery. A story had been told by the half-caste boy—a story which it

had been asserted had been concocted since the€6roner's inquest, when he might have become acquainted with all the circumstances connected with the case. They would have to reject this assertion, if they be-

lieved the statement of the boy. Supposing you had not seen ■ Hamilton how would the case stand ?

Rayner is murdered some time after 11 o'clock, on the night of the 27th August, there is no positive or distinct evidence as to when, as the body was not found until the following Thursday morning a period of seven days having elapsed. But it was presumed that it must have taken place soon after the 27th, as no sign of life was seen at the house after that date. But, gentlemen, there is no evidence to show that the murder did not take place on either of the days between Friday and Thursday. It might have been committed on any of those days, and you will have to consider whether Tricker was in any place or position to do it. He was at the time living at Campion's. If the jury considered that the murder was committed on Thursday it was clearly not Tricker who committed it, for he slept at Campion's, went to bed before Rayner was last seen, and did not get up again till six o'clock next morning. It has been suggested that the murder took place when the dogs barked, also that it was probable that it was committed then, as Rayner was in the Cavalry Volunteers, and in all probability would have been at drill if lie had been alive. The case, as it stands with Hamilton's evidence, is direct evidence of the fact, but before we conclude let us see who and what he is who gave us this evidence. He is a h'alf-caste, and tells us that he believes in an Almighty Being, and that he believed he would be

punished here and hereafter if he told falsehoods

therefore he was as much technically qualified to take an oath as the most sincere Christian. It would be for you, gentlemen, to consider the manner in which this boy has given his evidence, to remember his demeanour in the witness box, and his general behaviour throughout. It is when a boy like this is brought front to front with the judge and jury, and subjected to the severe cross-examination of counsel that his truthfulness as a witness can be weighed. He would aßk them whether the witness had spoken in the box as one who was simply telling them the. truth as far as he knew of the circumstances, or whether it was merely a concocted tale. Did he exhibit any undue eagerness to convict the prisoner, any desire to shield himself, or, did he evince any haste or confusion in telling his story?. You can judge for yourselves, gentlemen, whether there was anything in his whole manner or demeanour which would lead you to distrust him. I am bound to say that, speaking from my long experience in Criminal Courts, I could not detect anything about his appearance, manner, or demeanour that would suggest any other conclusion than that lie was a witness of truth. lam very thankful to find

that no expense or trouble has been spared to defend this charge, and for the manner in which it has been conducted. There is not a tittle of evidence in support of the supposition that the boy told this story at the suggestion of some natives who came to fetch

him, in the hope of sharing a reward, which was offered by the Government. At the investigation before the Coroner no definite charge \yas made out, but new facts had come to the notice of the authorities society had been aroused, and subsequent steps were taken. I should have been very sorry, indeed, gentlemen, had nothing been done beyond the Coroner's investigation; it would have been monstrous that at

this critical period of the colony's .existence—a colony, too, with such briiliaut prospects before it— that the best efforts of all settlers should not have been used to have brought the murderer to justice. You must disabuse your minds, gentlemen, of the fact of the boy being a Maori, or rather half-caste, and that on that account his evidence would be likely to be -prejudicial to the prisoner. It was easily to be accounted for, the fear which Hamilton expressed about Tricker, a fear which he had told them prevented him from saying what he had now told them at this trial before. After pruning the boy's evidence of many statements which were not at all necessary to the case, if after the minute explanation he gave of the scene of the murder, they thought he was a person capable of inventing lies, that his story had not stood the issue of the cross-examina-

tions, that the evidence was a concoction, then they must find for the prisoner; but if they believed the story as told by himself, they would- be compelled to say Tricker was guilty. They must consider how far his testimony was in conflict with the

witnesses for the defence. Henry Hamilton had fixed the time of the murder at not exactly ten o'clock; it might have been earlier. He gave you a description of his morning's work, and how long it had taken him in his opinion; but these times could not be so nicely totalled by him; therefore, as he had to calculate from the sun being in a certain position when he was at Bull's, it would have been very difficult indeed for him to have fixed the time with exact nicety, If his time wai correct, it ap-

peured to him (his Honor) that it was physically impossible foiattjficker to have been there, hut he would refer to this again. It was a curious thing that three shots were heard the night before by some 6f the witnesses. If the case stood apart from Henry Hamilton's evidence, it would be much more probable to suppose that the murder took place jyn the Thursday night rather than the Friday moruing. Rayner might have been waylaid on that night, ami the three shots heard might have been those which killed him. But, gentlemen, you have no reason to doubt the veracity of the witness Mitchell who heard the three shots in the morning at Darnells' stables, and it was as probable that they were the shots that killed him as those on Thursday night. But, gentlemen, we must not jump to conclusions, we must not

speculate too freely, but carefully look at all the circumstances as detailed in evidence. His Honor then iu the moßt elaborate manner went through the whole of the evidence which occupied fully five hours. He pointed out the various times and places at which Tricker was seen—he pointed outmost minutely the probabilities of the case, &c., and concluded a most powerful address by exhorting the jury to dismiss from their minds all extraneous matter, to judge the case fairly as it had been brought before them, and to come into court with a verdict of conscience, without fear or favour.

The jury then retired, and after a deliberation of four hours, returned a verdict of guilty. His Honor having assumed the black cap amidst breathless silence, proceeded to address the prisoner, who listened to him with apparent attention, and displayed but little anxiety. The learned Judge said that after a long and painstaking investigation, the prisoner had been found guilty by a jury of his own countrymen of the awful crime of wilful murder. He (the learned Judge) believed that the jurymen who had tried him had considered carefully all the facts adduced, and that each individual comprising that jury had a due appreciation of the great obligation of the solemn oath they had taken. The prisoner had had the benefit of a most fair and impartial trial —he had the benefit of having the assistance of eminent and learned counsel—and every exertion had been made on his behalf which human ingenuity could prompt. Notwithstanding all these advantages, he had been found guilty of one of the most deliberate and wicked murders which had ever been perpetrated. Under circumstances of the most peculiar deliberar tion—as had been proved by the violent and abominable threats used towards the unfortunate deceased —he (the prisoner) had, for the purpose of gratifying a feeling of revenge whichhad taken possession of him, killed deceased in a most malicious and premeditated manner. The alibi which the learned counsel for the defence had attempted to prove, had utterly failed in accounting satisfactorily for his (Tricker's) whereabouts on the morning of the day on which the murder was supposed to have been committed. The learned Judge then passed the sentence of death upon the prisoner in the usual form. Tricker then evinced some inclination to remonstrate, but on an order from His Honor he was at once removed from the Court. He walked firmly from the dock, and manifested but little more anxiety or nervousness than he had shewn upon the previous occasions.