The Balfour Tragedy.

Mataura Ensign, Issue 14, 1 August 1895, Page 2

The Balfour Tragedy.

m THE MAGISTERIAL INQUIRY. The Magisterial hearing of tbe above case opened at the Gora S.M. Court, before Mr R. S. Hawkins, S.M. on Tuesday, at 2 30, and terminated a few minutes before 9 p.m. As stated in our previous issue, the Courthouse was densely crowded with spectators during the whole progress of the case, a large number of whom came from Riversdale and the vicinity of the tragedy. Mr Hanlon (Dunedin), with him Mr Hanan (Invercargill), appeared for the defence, but did not attempt to oross-examins any of the witnesses. Keown was accommodated with a seat, and throughout the proceedings wore a calm and collected — though somewhat anxious — demeanour. TheexaminationofthewitnessesMiddlemiss, Hornsey, Windus, McLean, and Constables Herliby and McKenzie, was concluded by 6 p.m., and the Court then adjourned till 7. On resuming, Sergeant Fleming, W. Trembath, H. Smith, Drs Donaldson and Bauchop, and Detective Herbert were examined. M.ddlemiss's evidence was the same as tbat given at the inquest. Jobn Hornsey'a evidence was materially diffrent to his testimony at the coronial inquiry, the difference lying in his statement regarding Keown's method of obtaining the gnn and ammunition. In this connection, Hornsey on Tuesday deposed that when the bailiffs were approaching on the Saturday afternoon, the accused asked his daughter Elizabeth, aged 12, where the gun was. She replied that she did not know. He looked at witness in a questioning way, and he (witness) said he did not know where it was. Witness might have said that " it may ba iv dairy." Keown went to the dairy and got the gun. Keown's daughter got the ammunition bag containing shot, powder and caps — from the cupboard, and handed tbem to witness, who in turn banded them to Keown. Accused did not load the gun in his (Hornsey'.) dressnee, and he had no idea what ha was going to do with the gun. While tbis witness was repeating certain obscene remarks made by Keown, thero was subdued laughter from the body of the Court. This the Magistrate sternly suppressed, remarking that it was extremely indecent for persons to laugh on such an occasion as that. Thero had been enough cruelty and cowardice displayed in the matter already without their aggravating it by such unseemly exhibitions of levity. After Stewart hid been Bhot, Mrs Keown asked witness to do what was best and he (Hornsey) said that it was past humanity to leave the deceased outside. The witness detailed what steps were taken to remove Stewart into the shed, as already reported io these columns. Continuing his evidence, Hornsey stated that they all had tea together in the kitchen, after which Keown went out into the porch and said " He (meaning deceased) is striking matches in tbe shed." After the police arrived, witness heard accused offering a horse, s_ddle and rider, for the purpose of fetching medical assistance. Witness had got his discbargo on the morning of the occurrence, but had worked on at the place ever since. In reply to the Ben:h, witness said that Henry Smith was in the yard at the time ot the assault, about three or four yards behind witness, He did not see Windus coming in riding. On his depositions being read over to him, Hornsey added to his evidence as to Keown saying tbat "He (deceased) is striking matches in the shed," to make it read thus :— "He (deceased) is striking matches to fire the straw, to burn the barn." George Windus deposed that be had heard a shot fired early in the morning of the tragedy. After he got up, he saw Keown in the yard with something in his hand. It looked like a gun, but witness oould not swear to its being a gun, as it was dark at the time. 'He could not say who loaded the gun prior to Stewart's being shot. Didn't see Keown load the gun. (The remainder of tho evidence corresponded to that given at the inquest.) In rep'y to the Bench, witness said that when he rode after Middlemiss he didn't see Hornsey and Smith, but he saw them and spoke to them when he came back. His Worship asked lospector Fardy if he had a plan of the place. It seemed very strange to him that all these witnesses were in the vicinity without seeing one another. The Inspector said he had not, but if the case was sent to the Supreme Court he would see that the plans were prepared. The evidence of Alex. McLean was similar to his previous statement, ar.d replying to a question put by the B.nch, witness said that Windus, if he' chose, could have seen $tewart leaning forward on his horse's neck after he was shot. Constables Herliby and McKengierepeated their former evidence. In tbe course of his evidence. Sergeant Fleming said tbat be was in charge nf tbo case at the time of the occurrenea, and that Keown made no offer of a horse, etc.. to fetch medical assistance to Stewart. There was some talk of sending for doctor, but it fell through. Wm. Trembath gave evidence as to finding the trigger guard (produced) in ths mud near where Stewart had f allec Thei c was blood on it. Constable Herliby (re-called) deposed tbat he superintended and assisted in the removal of Stewart to Riversdale. and helped to put him to bed at Gee's Hotel. After giving his evidence, Henry Smith. in reply to his Worship, said he didn't notice Hornsey when the f ßun was fired in the afternoon. Hornsey might have been three yards away from witness without his noticing him. He (witness) was very excited at tbe time. Witness was not in the house when Keown got the gup. Dr Donaldson read tbe notes nrulo at the postmortem examination upon ths stita of deceased's body by himself and Dr Bauchop conjointly. Even had medioal assistance been available sooner, it would have made no difference to the final result. The removal of deceased made no difference, as he was well covered up, and the thick laynr of straw under hira would not render bim liable to any jolting. Death was due to shock to the system by tbe gun r shot wound and the blows received. The exposure out- . aide, prior to his removal to the shed, would 1 intensify the shock and thus accelerate death. He was perfectly Satisfied beyond doubt .thEt.t death was caused by injuries reoeived at' that tiljje. Tjie scalp wound might have been inflicted by tlio'trj.gev guaj-d. By the $ench : Tbe shot found in the deceased's brain (shot produced) would account for Stewart falling forward on his horse's neck. Dr Bauchop agreed entirely with Dr Dona'dson's opinion as to tbe cause of death. The not6BatthejJOS<moi-S»l examination bad been taken by them conjointly. 1 beshots produced from the flask in ths ammunition bag were No 2 shot, and they corresponded with the pellet found in deceased's brain. Patrick Herbert, detective, stationed at Invercargill, deposed : I know the witness John Ho-mey. Siw him at Keown's place on the 23rd it.st. Riceived a leather ammunition bag (produced) containing two powder flasks (one empty) and a shot pouch — but no caps. I rereived the flattened shot (produced) from Dr Donaldson. The articles ! have been in my possession ever since, and : are ih tb. same state now a^ when I got tjbem. ' ""■ ' <■'-<• I ' This closed the evidence for tjho prosicujbiori; ' " His Worship intimated that the accused could liay.6 th 9 evidence resd out to bijp, but Mr Hanlon said it was upnepess-ry, as frig client had beard all the evidence. Tfoe haying been duly cautioned, reserved bis defence, was committed for trial at tbe next session of tbe invercargill Supreme Court on September 34. Before the Court was adjourned, Mr Hawkins, addressing the whole Court, slid ,- I should like to say a few words before wa part. I bave not to decide tha f.to of tba accused j that Is work reserved for a higher tribunal. That an act of frightful violence has been committed is unquestionable, but tjie culpability of the accused is not decided , here. But, ap Magistrate of this district, J. have to establi'sli the resect for law and to maintain' tHe jJ.irfciples- of public .ordei,'. There' js a tendency in -'certain section, of tlie pjeppte -np't pefjbaps entirely ufijuktified by thepj-es-nts stale of fihe Criminal jbw— tp treat some acts of violence against thp' porson as of less gravity than offences against property. That, is a very dangerous opinion. It is cfthe highest imprrtance tbat persons should be taught the paramount necessity of restraining their savage instincts, of dominating their passion*, and of refraining from the use of any stimulant which they know diminishes their power of self-control. A ■civij or fancied— offers no excuse whatever For personal violence. Jn Jhis free, Damo_ratic community, tihe Courts ef Justice are always open", and re^rd'Ss always ebtaftipfcle, jC have been struck with the attitude of a certain number' 'of persons both, at Riversdale and here. '(. do ppt ftofii^lajn that anyone should entertain sorrow for a criminal, provided that they do not allow that sorrow to interfere with justice; but it is terrible to think tbat any man or woman in this colony should have sympathy with orime I hope that those who have confused the two in their ■■minds will consider what I say, for no more danfeefous evil can rear its hrad in any community than a sympathy ~ criminal, cpflW*'y or dtyuisecl-witita crime. ! ' f wa?

compelled to protest this afternoon against c levity among the audience in this Court., and E then referred to acts of cowardice. I want 1 tn make it plain tbat f did not refer to Middlemiss. If fear lent him wings, I tbink tbat he was only too well justified in hia ' fear. He was unarmed, and wholly defence- < less, and lam glad he escaped. Tho cowardice ' I referred to is that of those who stood by, : unquestionably anticipating violence, and instead of preventing it, who passively ac- - qutesced, if they did not actively assist. I ara convinced that Hornsey and Windus have not told this Court all they know, and it is to be hoped that in a higher Court they will not persevere in their course of concealment. They have a duty to Justice higher than any other duty whatever. The Court then rose.